BY MAKING AN ORDER FOR THE SERVICES / DOWNLOADS, YOU HEREBY ACCEPT AND AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF SERVICE (these "Terms of Service"). IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT MAKE USE OF THIS SERVICE.

1. Any transmission, delivery or use of content and/or data through this service may cause you to incur additional fees or charges by the network operator or other telecommunication operators such as inter alia SMS charges. You shall be solely responsible for such fees/charges and Acme Mobile Pte Ltd ("Acme Mobile") assumes no responsibility for the payment of any such fees/charges. Please check with your network operator for the applicable Short Message Service ("SMS") charges. The Materials may be dependent on the model of the your phone.
   
   
2. Payment for downloads will be by way of operator billing. You hereby authorize your network operator listed below to bill you for any orders made by you into your mobile phone bill and agree to abide by relevant terms and conditions contained in your network contract with your network operator.
   
   
3. Acme Mobile may change the prices for this service at any time without notice, unless otherwise notified. Such changes shall not apply to passed and ongoing orders. Prices may or may not include applicable taxes depending on your network operator and the service contracts that you are on.
   
   
4. Delivery of any orders such as ringtones, wallpapers and games purchased by and pursuant to these Terms of Service will be made direct to your mobile phone. Delivery is conditional in all respects on the following:
   
   
   • Your mobile phone must be enabled or set to receive text messages or SMS;
   • Your mobile phone must be enabled or set to connect to WAP/GPRS;
   • You must have subscribed for SMS services from your network operator;
   • You must have subscribed for WAP/GPRS services from your network operator;
   • The content ordered by you must be capable of being received on the receiving mobile phone; (Please note that not all content is compatible with all mobile phones models)
   • Materials can only be sent if your mobile phone is on a compatible network.
     
     
5. Delivery of content is network dependent and requires Short Messaging Services ("SMS") ability. Acme Mobile shall IN NO EVENT BE LIABLE should any of the content purchased by you fail to perform or be transmitted due to:
   
   
   • Network failure;
   • Phone not switched on;
   • Absence of SMS function/ability;
   • Absence of WAP/GPRS function/ability;
   • User's mishandling;
   • Distortion of message content;
   • Non-compatibility of phone model with content/service.
     
     However, in case of non-delivery not due to any of the reasons above, you will be entitled to a refund of the amount billed to your operator bill for that particular purchase.
   
   
6. Receipt of every transmission of content ordered by you is NOT GUARANTEED, as Acme Mobile is only able to ensure that the transmission of the content has been sent to its operator. In this connection, verification by the operator that a transmission was made shall constitute conclusive evidence of performance on Acme Mobile' part.
   
   
7. Delivery should normally be effected within twenty-four (24) hours of successful execution of an order.
   
   
8. In the event of such defect or non-delivery and consequent refund request, please provide Acme Mobile with the information as follows in order to enable the refund without unnecessary delay:
   
   
   • Your full name and address
   • Your mobile phone number
   • The date of purchase
   • The content purchased
     
     Please send your request for return in question to support@acme-mobile.com.
     
     
9. Acme Mobile's entire liability for non-performance or transmission failure in respect of delivery of any content shall be LIMITED TO THE PURCHASE PRICE OF THE CONTENT ORDERED.
   
   
10. In case of failure in the delivery of the content, Acme Mobile is entitled to remedy the defect by either resending the content or refunding you the purchase price of the content in its sole discretion.
    
    
11. The content purchased by you is protected by copyright, trademark and/or other proprietary rights of Acme Mobile or its suppliers. The content is either property of, or used with permission by Acme Mobile.
    
    
12. Reproduction, transfer, distribution of part or all of the content, in any form without the prior written permission of Acme Mobile is prohibited, except in accordance with the following terms: Acme Mobile grant you a non-exclusive, non-transferable, limited license to view, download content for use on your mobile phone solely for non-commercial private purposes, and not for any other purpose, unless otherwise consented to in writing by Acme Mobile or provided by applicable mandatory laws. The sale of any content shall constitute the grant by Acme Mobile to you of a non-exclusive license to use the content as a ringtones, wallpapers or games onto your mobile phone to which the content is transmitted to and for no other purpose whatsoever. All other rights vested in the content are reserved and shall remain vested at all times in Acme Mobile and/or any other party from whom it may have acquired the right to grant the aforesaid limited license. You hereby agree that any material created by you through any Services offered on this Site is derived or owned solely by you and shall not contain any item that is unlawful, infringes on the intellectual property rights of any third party or is otherwise unfit for publication.
    
    
13. Acme Mobile and other Acme Mobile product names, logos, commercial symbols, trade names and slogans (hereinafter the "Marks") are registered trademarks or trademarks of Acme Mobile and/or its affiliates and are protected by international and national trademark laws.
    
    
14. Except as provided in the following provisions, Acme Mobile does not warrant that this service or its content will be error-free.
    
    
15. Acme Mobile is not liable for your inability to process any transactions due to transmission problems. Acme Mobile assumes no liability for any delay, data loss or damage during the transmission of your ordered content to you. You agree that Acme Mobile has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by this service.
    
    
16. SAVE FOR THESE TERMS OF SERVICE, NO WARRANTY OF ANY KIND IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY AND/OR NON-INFRINGEMENT OF ANY CONTENT, YOUR OWN EQUIPMENT, ANY PUBLIC LINES AND/OR OPERATOR NETWORKS.
    
    
17. To the greatest extent permitted by applicable law, Acme Mobile' liability to you shall be limited under these Terms of Service to an amount equal to the highest sale price of the content purchased by you. To the extent required by applicable mandatory law, this limitation of liability is not applicable to cases of death or personal injury caused by Acme Mobile' negligence, or to cases of liability caused by Acme Mobile' intentional conduct or gross negligence.
    
    
18. To the greatest extent permitted by applicable law, Acme Mobile accept no responsibility for any claim in contract, tort, negligence or otherwise for:(a) loss of profit, business revenue, goodwill, anticipated savings or data; or (b) any indirect or consequential loss or damage.
    
    
19. IN NO EVENT SHALL ACME MOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUES, SALES, BUSINESS, GOODWILL, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR CONTENT DOWNLOADED HEREUNDER, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES RENDERED HEREUNDER, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE RENDERED HEREUNDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACME MOBILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ACME MOBILE SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED IN THESE TERMS DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK, OR ANY DISPUTE, STRIKE, WORK STOPPAGE, WAR, NATURAL DISASTER, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE REASONABLE CONTROL OF ACME MOBILE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THIS SERVICE RENDERED HEREUNDER, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SERVICE.
    
    
20. In the event of any dispute or litigation arising under or in connection with any use of or transaction on this Site, neither you or Acme Mobile shall dispute the admissibility as evidence of any Acme Mobile records and data logs for this service nor challenge the validity of these Terms of Service.
    
    
21. Any use of this service including any transaction or the sale and purchase of any content or any dispute, difference, or claims arising under or in connection with this service shall be governed by and construed in accordance with the laws of Singapore and the parties hereby submit irrevocably to the exclusive jurisdiction of the Courts of Singapore. Provided that the parties shall have the right to take proceedings in any other jurisdiction for the purposes of enforcing a judgment or order obtained from the Courts of Singapore. Any and all claims, except claims for monies due to Acme Mobile, arising out of or relating to the purchase of content by you shall be barred unless an action or legal proceeding is commenced within one (1) year after the date either you or Acme Mobile knew or should have known of the facts giving rise to such claim.