MusicStation Vodafone New Zealand

Summary

The MusicStation Service gives you unlimited access to music on your mobile phone handset for a small weekly fee, subject to the terms and conditions below. - By joining the MusicStation Service you acknowledge that you have read the full terms and conditions which can be found here. If you do not agree to the terms and conditions do not apply to become a member of the MusicStation Service. - Use of the MusicStation software may include updates or modifications of the software and these updates or modifications may occur on a periodic basis without notice to you. - By joining as a member of the MusicStation Service you consent to the collection and processing of information about you. This information is collected by Omnifone and handled pursuant to the terms of the Privacy Policy, which can be found here. You acknowledge that we may provide your mobile telephone number (MSISDN) to Vodafone for customer service and billing purposes. - Subject to the Fair Use policy, which can be found here, there are no data charges for your access to the MusicStation Service. You agree that you will not do anything that might impose an unreasonable or disproportionately large load on the infrastructure of the MusicStation Service or Omnifone’s systems or networks, or any systems or networks connected to the Service or to Omnifone. - If you enable MusicStation to remain “online whilst roaming abroad certain additional data charges may apply when the MusicStation application connects to its server. Whilst Omnifone will attempt to minimise these charges Omnifone has no control over what is actually charged. - Your rights with respect to music you obtain on the MusicStation Service are subject to copyright law and limited by the “Content Usage Rules”, which can be found here. - You should contact Vodafone directly with any customer support issues relating to charges on your mobile phone bill. - If you have not received access to MusicStation as part of a monthly package with Vodafone, Omnifone provides a week’s free trial of the MusicStation Service. After this free trial period access to the MusicStation Service is subject to a small weekly fee. - If you do not cancel your membership (using the “Cancel Membership” feature of the “Options” screen) before the end of any given week you will automatically be charged for the following week until you cancel your membership. Your membership may be automatically cancelled if you move to a different price-plan with Vodafone that does not include MusicStation. - Whilst a member of the MusicStation Service you will have unlimited access to music, but once your membership is cancelled you will no longer have any access to music until you re-subscribe. - To subscribe to the MusicStation Service you must be (i) at least 18 years of age, or (ii) 13 years of age with your parents’ or legal guardians’ consent. Please click here for further details on age restrictions. - You may not make available any materials that are illegal, obscene, offensive, pornographic or defamatory or that contain any software viruses

MusicStation End-User License Agreement

*Effective from 1 October 2008. *

This document (the "Agreement") is a legal agreement between you and Omnifone Group Limited ("Omnifone") that governs your use of the MusicStation music and entertainment service (“MusicStation Service” or “Service”) and the associated Omnifone mobile phone handset software which is used to access the Service and associated materials and documentation that have been created and are owned by Omnifone or its suppliers or licensors (collectively the “Software”). By joining and becoming a member of the MusicStation Service you acknowledge that you have read this Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not apply to become a member of the MusicStation Service.

Terms & Conditions

1. License to Use Software Omnifone hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable right to use the Software used to access the MusicStation Service, as such Software has been delivered to you, on your mobile phone handset or personal computer solely as an end user of the MusicStation Service and subject to the terms and conditions of this Agreement. 2. Updates, Security, and Revocation Because the Software includes security components, special rules and policies apply. You agree to abide by the rules and policies established from time to time by Omnifone. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software to address security, interoperability, and/or performance issues. To this end, the Software includes an auto-individualisation feature that automatically collects unique system identification information about your mobile phone and which may be remotely activated in order to update security components. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you. In addition, you understand that the Software is capable of monitoring itself for security-related and tamper-detection purposes and for communicating information about security incidents. Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied Content-protection policies. You understand and agree that this would likely result in Content (as defined below) that was previously available for use being unavailable thereafter. 3. Activation and Privacy Information By joining as a member of the MusicStation Service and using the Software and Content you consent to the collection and processing of information gathered during the installation, activation and usage of the Service. This information is collected by Omnifone and handled pursuant to the terms of the Privacy Policy. To view the Privacy Policy click here. Unless you give us your express permission, Omnifone does not distribute your personal information to any third-party other than to facilitate collecting your Membership Fees from Vodafone and/or for Vodafone to provide customer service. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Omnifone may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Omnifone's use of such content exploits any proprietary rights you may have in such material, you agree that Omnifone has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. You acknowledge that Omnifone has the right to pass your details on to a third party should Omnifone reasonably believe that your usage of the service be in contradiction with copyright laws or this Agreement. You acknowledge that Omnifone will fully co-operate with any appropriate authority or Court order requesting or directing Omnifone to disclose the identity of any member. Should you not wish your personal data to be collected or used by Omnifone as described herein please do not apply to become a member of the MusicStation Service. 4. Restrictions The MusicStation Service, the Software and the Content (collectively the “Product”) contains and/or embodies copyright material, trade secrets and/or other proprietary material and intellectual property of Omnifone, its Partners and/or its licensors. All title and ownership rights in the Product remains with Omnifone and its licensors, as applicable. In addition to those prohibitions contained elsewhere in this Agreement, you agree you will not: (i) rent, lease, loan, sell, copy, or distribute the Product in whole or in part; (ii) use the Product or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trade marks or notices on the Product; and/or (iv) modify, alter, decompile, disassemble, reverse engineer, reverse compile or otherwise reduce to human readable form, or create derivative works of the Product without the prior written consent of Omnifone, its Partners or its licensors, as applicable. You further agree that you shall not tamper with the Product or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) the proper and/or secure operation of the Product and/or any mechanisms operatively linked to the Product. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MusicStation Service or Omnifone’s systems or networks, or any systems or networks connected to the Service or to Omnifone. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. You agree that you shall not upload, post or otherwise transmit through or to the Service (a) any viruses, trojan horses, time bombs, or any other harmful programs or elements; (b) junk mail, chain letters, or other unsolicited bulk email or duplicative messages. You agree that you will not collect information about other Service members without their consent or otherwise systematically extract data or data fields, including without limitation any email addresses, phone numbers, SMS or instant messenger IDs. You may not forge communication headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Omnifone, its Partners, its licensors or others. Except as expressly provided by this Agreement, no other licences or rights (including rights to maintenance or updates) are granted either expressly or by implication. All rights not expressly granted to you in this Agreement are expressly reserved to Omnifone, its Partners and/or its licensors. 5. Authorised Use of Omnifone Content The Software may enable you to listen to, view, and/or read (as the case may be) music, images, video, text, and other material that may be obtained by you, or which were in some instances previously provided to you, in digital form. This material, collectively "Content," may be owned by Omnifone or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the Software (including any Content that may have been preloaded with the Software to your mobile phone, computer, portable device or a CD or other media provided to you) will be subject to copyright law and limited by the “Content Usage Rules”, as described herein, with which authorised copies of the Content are electronically packaged. Unauthorised copies of Content (including pirate and other illegal copies) may be electronically packaged with incorrect rules that have not been approved by Omnifone and/or the Content owner. The Content Usage Rules provided by Omnifone and/or the relevant Content owner in respect of Content shall govern your rights with respect to that Content regardless of whether unauthorised rules have been associated with that Content by another party. You may not attempt (or authorise, encourage or support others attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with any Content Usage Rules or Content. The Software enables Omnifone to control your access to Content in accordance with the Content Usage Rules. Omnifone (for itself and its Content licensors) reserves the right to use the Software at any time to enforce the Content Usage Rules with or without notice to you. You agree that the Content rights holders that license their Content to Omnifone for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their Content. 6. Links to Third Party Sites The MusicStation Service may present links to third party “Sites” (for the avoidance of doubt this includes websites and mobile WAP and other similar sites) not owned or operated by Omnifone. You acknowledge that Omnifone is not responsible for the availability of these Sites or their contents and such presentation does not constitute an endorsement or approval by Omnifone. You agree that Omnifone is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such Site or goods or services available through any such Site. 7. Customer Support You should contact Vodafone directly with any customer support issues related to Service charges on your mobile phone bill. Omnifone and its affiliates are not responsible for any billing disputes that arise between you and Vodafone, including any disputes related to Membership Fees or billing procedures and you hereby indemnify and hold Omnifone and its affiliates harmless for any claims, losses and damages related to any such dispute. 8. Remedies If you are unhappy with the service you receive with the MusicStation Service then to the maximum extent permitted by applicable law, your only remedy is to cancel your membership to the MusicStation Service. It is your responsibility to ensure you have access to the MusicStation Service should you join as a member. 9. Warranties You expressly acknowledge and agree that the use of the Product is at your own sole risk. To the maximum extent permitted by applicable law, the Product has been provided solely, "as is" and without warranty of any kind by Omnifone, its directors, employees, licensors, partners and agents (collectively "Omnifone"), its licensors or its business partners ("Partners"). To the maximum extent allowed by applicable law, Omnifone and its licensors and Partners expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or any warranty of non-infringement. To the maximum extent permitted by applicable law, there is no warranty that the functions contained in the product will meet your requirements, or that the operation thereof will be uninterrupted or error-free. Omnifone and its licensors and partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Product with respect to its performance, accuracy, reliability, security capability, currentness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to Omnifone and/or any of its licensors or Partners. Omnifone will use its reasonable endeavours to provide an excellent, reliable and consistent MusicStation Service to the members. However Omnifone reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice to you. 10. Liability In addition to the other provisions hereof, you acknowledge to and for the benefit of Omnifone and its licensors and Partners that the Product may contain bugs and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the Software and/or the Service could lead to physical damage to property or environmental damage. Omnifone and its licensors and Partners shall have no liability whatsoever for any loss suffered as a result of such a failure of the Software and/or the Service or a breach of security involving the Software and/or the Service, whether or not such loss or breach results from the deliberate, reckless, or negligent acts of any person. Under no circumstances shall Omnifone or its licensors or Partners be liable for any unauthorised use of any Product to develop, distribute, or use any material that is defamatory, slanderous, libellous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party’s rights or that is contrary to any foreign, federal, state or local statute or regulation. To the greatest extent permitted under applicable law, in no event will Omnifone or its licensors or Partners be liable for any consequential, incidental or special damages, nor for any loss of business profits, business interruption, loss of business information, and the like arising out of the use or inability to use the product, even if Omnifone and/or its licensors and partners have been advised of the possibility of such damages. Notwithstanding any contrary provisions, but subject to applicable law, in no event shall Omnifone’s liability to you or any person exceed, in the aggregate, NZ$20 (New Zealand Dollars). 11. Term Omnifone may terminate this Agreement or suspend your MusicStation Service membership at any time with or without notice on any breach by you of these terms and conditions. 12. Survival The respective rights and obligations of you and Omnifone under the provisions of paragraphs 1, 3, 4, 5, 6, 8, 9, 12 17, 18 and 19 shall survive termination of this Agreement. 13. Intellectual Property Notices The Software and Service is Copyright © 2004, 2005, 2006, 2007, 2008 Omnifone Group Limited and its licensors. All rights reserved. Patents pending. Omnifone, MusicStation, the MusicStation design, and the MusicStation trade dress are trade marks in many countries. All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Product are the property of Omnifone, its Partners and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The MusicStation Service and the Software (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
14. Infringement of Intellectual Property Rights * If you believe that your work has been reproduced on the Service in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity; (d) address, telephone number or email address of the complaining party; (e) statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) statement that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement should be sent to: Legal Dept, Omnifone, PO Box 47132, London, W6 0NT, United Kingdom. *15. Copyright Information * As noted above, the Product contains and/or comprises copyright or other proprietary subject matter, and your use of them is governed by this Agreement and applicable law. Omnifone respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Product constitutes copyright infringement, please send an email with full details to Omnifone. *16. Amendments Omnifone may from time to time modify the terms of this Agreement and will post a copy of the amended Agreement at http://www.omnifone.com/terms/newzealand. Please check that webpage regularly for revisions to this Agreement. Omnifone will also use reasonable endeavours to inform you through the Service of any modification to this Agreement. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to cancel your MusicStation Service membership. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted. No provisions of this Agreement shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorised officer of Omnifone. This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without the prior written consent of an authorised officer of Omnifone. 17. Severability If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be illegal, invalid, unenforceable, or against public policy, such provision or portion shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect. 18. Entire Agreement This Agreement represents the entire agreement between you and Omnifone with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and Omnifone with respect to the subject matter hereof. 19. Governing Law and Jurisdiction This Agreement is governed by and shall be construed in accordance with the laws of New Zealand and the courts of New Zealand shall be the sole courts of competent jurisdiction provided that this clause 19 is for the benefit of Omnifone and shall not limit Omnifone’s rights to take proceedings in any other court of competent jurisdiction or to enforce any judgment in any jurisdiction.

Schedule A – Content Usage Rules

1. MusicStation Service MusicStation is a music service that allows you to access music on an all-you-can-eat unlimited download basis on your mobile phone. As a MusicStation Member you can continue to download and play as much music as you wish, subject to continuing to pay the appropriate Membership Fees or subscribing to an appropriate Vodafone tariff which is bundled with MusicStation. 2. MusicStation Mobile Edition The MusicStation Mobile Edition product allows you to download and play music on your mobile phone wherever you are. To access MusicStation Mobile Edition, you will need to install or activate Omnifone's proprietary software product on your mobile phone. Subject to the Fair Use Policy (which can be seen by clicking here) mobile network data costs associated with the use of MusicStation are waived so you will not be required to pay any amount other than the Membership Fees (if applicable) irrespective of how many times you listen to music. However, if you enable MusicStation to remain “online” whilst roaming abroad certain additional data charges may apply when the MusicStation application connects to its server. Whilst Omnifone will attempt to minimise these charges Omnifone has no control over what is actually charged. MusicStation lets you search for, browse and acquire new music from a vast catalogue of local and international artists from all the major labels and many Independent record labels. You can easily access and manage your favourite music and build playlists and access recommended music which you might like. MusicStation’s Buzz community lets you create a profile and then build a network of friends with whom you can share music tastes and playlists with. MusicStation also delivers the latest music news and information about gigs and events that might be of interest to you. 3. Membership Fees * The following relating to Membership Fees (as defined below) applies to those members of MusicStation who do not have access to the MusicStation Service as part of a Vodafone tariff that is bundled with MusicStation. For such weekly members, Omnifone provides a week’s free trial (“Free Trial”) of the MusicStation Mobile Edition and during this period you have the opportunity to try out the Service for no charge. After this Free Trial, usage is subject to a small weekly fee (the “Membership Fee”) which is displayed clearly on the “Join MusicStation” screen. Membership Fees are charged weekly in advance and deducted directly from your mobile phone bill or pre-pay mobile account. If you don’t cancel your membership (using the “Cancel Membership” feature of the “Options” screen) before the end of the Free Trial you will automatically become a full paying member of the MusicStation Service and be charged for the next and each subsequent week’s Membership Fees as they fall due until such time as you cancel your membership. By joining as a member of the MusicStation Service via the “Join MusicStation” screen you agree to this Agreement and you agree to pay for all Membership Fees that you incur through your usage of the Service. Members are billed on a 7-day (weekly) cycle, which begins on the day you join as a MusicStation Member (or at the end of the Free Trial period) and ends 7 days thereafter (each a "Membership Week"). The MusicStation Mobile Edition uses Vodafone’s mobile data network to access the service and to send and receive messages and Content. Subject to the Fair Use Policy there will be no additional costs associated with all such mobile data network usage. You may cancel your membership at any time by giving notice via the method described above or by calling Vodafone’s customer support line and requesting MusicStation Service cancellation. In such case no further Membership Fees will be collected (subject to all payments due having been previously collected). Cancellation will take effect at the end of the Membership Week during which you deliver such cancellation notice. If you cancel your account after the end of your Membership Week you will be charged for the next week’s Membership Fee. Please note that, following cancellation of your Membership, you will continue to be able to access the MusicStation Service and play music during the remaining days of your current Membership Week (or until the end of your current billing period in the event that you change Vodafone tariff) but you will not be able to access the MusicStation Service or play music after the end of this period unless you re-join the MusicStation Service. When you re-join you will once again be able to access your favourite music, playlists and friends, so you are always welcome back. Please note that if you rejoin the MusicStation Service (whether following cancellation of a Vodafone tariff bundled with MusicStation or otherwise) you will not be entitled to the Free Trial. If you cancel your Membership you may delete any Content installed on your mobile phone using the device's standard functionality to delete files. The Membership Fees are subject to change by Omnifone at any time. Omnifone will do it’s utmost to ensure you are made aware of any price change prior to such price change so that you have the opportunity to cancel your Membership. If you do not accept the new Membership Fees, you should terminate (or downgrade) your Membership immediately. Omnifone may, at its sole discretion, post charges to your account individually or may aggregate your charges with other payments or purchases you make on the Service. You are responsible for keeping your Omnifone account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. *4. Age Requirement You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. In addition, the MusicStation Service can only be used with the permission of the bill payer. If you are under 18, but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he/she must agree to enter into this Agreement on your behalf if they are able to do so. Children under the age of 13 may not use the Service. By joining as a Member of MusicStation you are indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years of age, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care who is at least 13. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not apply for membership of the Service.
5. Use of Service, Software and Content All use of the Service, the Software and the Content shall comply with the Content Usage Rules. The Product is provided for your personal use only. You are not granted any commercial, copying, sale, resale, rental, lending, adaptation, reproduction, distribution, broadcast or promotional rights for the Product. You shall not use the Product for any purposes that require rights for synchronisation or a public performance license with respect to the underlying music composition. Unauthorised reproduction or distribution of the Product is expressly prohibited and may violate applicable laws. On occasion, technical problems or expiry of Omnifone's right to make certain Content available may delay or prevent delivery or access to such Content. Receipt of a request does not guarantee that we can supply the selected Content to you.
You may download music content (a “Download”) and save it to the memory of your phone and play back as many times as you want for so long as your membership is current. You may make an unlimited number of Downloads while your subscription is current, subject to the Fair Use Policy. Omnifone automatically renews your rights to all of your Downloads at the beginning of each Membership Week so long as your membership remains current. This means that in order to play any Download after the end of a Membership Week, you must log on to the Service so that Omnifone can renew your rights for those Downloads. The Software will count the number of times that you play a Download, including while you are offline, for royalty accounting and analysis purposes. 6. Restrictions You may not use the MusicStation Service, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way. The MusicStation Mobile Edition includes community features (“Buzz”) which enable you to create a profile, send and receive and publish playlists, track recommendations and messages between members. You agree to use such services in a legitimate fashion and not to use them for inflammatory, racially abusive, sexually abusive, threatening, “spamming” or invasion of privacy purposes. You agree not to use any words that may reasonably be considered to be offensive to any other member. Omnifone may, but is not obliged to, restrict your use of Buzz, monitor any activity or edit or remove content in such public areas, or restrict access by other members to your Buzz messages and content. Omnifone takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other member posts, sends or views in MusicStation or makes available via your profile. You agree to indemnify and hold harmless Omnifone, its Partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any Public Area, including by sending via SMS. Omnifone will fully co-operate with any appropriate authority or Court order requesting or directing Omnifone to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Omnifone may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Omnifone's use of such content exploits any proprietary rights you may have in such material, you agree that Omnifone has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. You agree that you will not allow others to use your MusicStation Mobile Edition account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Omnifone immediately of any unauthorised use of the service. Omnifone shall not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and hold harmless Omnifone, its Partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same. Currently, this version of the MusicStation Service is only available to residents of New Zealand. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY NOT SIGN UP FOR ACCESS OR ATTEMPT TO ACCESS OR USE THE MUSICSTATION SERVICE, THE SOFTWARE OR THE CONTENT IN THE UNITED STATES OF AMERICA OR CANADA. 7. Explicit Content Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" (as defined at http://www.riaa.com/issues/parents/advisory.asp) or to the British Phonographic Industry ("BPI") "Voluntary Stickering Scheme" for labelling recordings that contain explicit or offensive lyrics or other content. You acknowledge that you may have access to such content.

Schedule B - Customer Contacts

This MusicStation service is operated by Omnifone Group Limited, a company registered in England and Wales with registration number 6237568. If you have any questions regarding this Agreement, or if you would like to contact Omnifone for any other reason, send an email to eula@omnifone.com or write to Omnifone, PO Box 47132, London, W6 0NT, United Kingdom.
Copyright © 2008 Omnifone Group Ltd. All Rights Reserved. We’ve worked hard for a long time to bring you this product and we really hope you like it. All suggestions are welcome.

Privacy Policy

Omnifone is committed to protecting the privacy of all members. It is our policy to respect the privacy of private communication. We will not intentionally inspect the contents of a private communication sent or received by you or your fellow members except as required or permitted to do so by law. The personal information you provide will be held on MusicStation's servers and data backups, stored in secure locations, made for the purpose of ensuring operational continuity. We have taken steps to ensure that your information is secure, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections that guard against unauthorised access. Omnifone collects information about MusicStation Members in order to provide the MusicStation Service to its members and in order to improve the service we offer to members. Where Omnifone receives information submitted by you to a third party website via a link on the Service (or otherwise in connection with any services offered by Omnifone), we will only use that information in accordance with this privacy policy. You should, however, check the terms of the privacy policy of the site to which the link relates to see how that third party will hold and utilise your personal information. Any advertisements on the MusicStation Service may contain links to that advertisers websites and as such any information collected by that advertiser by virtue of your clicking on their link will be collected and used in accordance with the privacy policy of that advertiser. Omnifone is not responsible for subsequent use of your personal information by that advertiser. Unless you give us your express permission, Omnifone does not distribute your personal information to any third-party other than to facilitate collecting your Membership Fees from Vodafone and/or for Vodafone to provide customer service. Should you not wish your personal data to be collected or used by Omnifone as described herein please do not apply to become a member of the MusicStation Service. During the membership joining process information including telephone number or other billing identification and handset and/or SIM identification is collected from your mobile phone or Vodafone. This information is used to uniquely identify you and your devices in order to facilitate Content licensing and in particular implement the Content Usage Rules. Where applicable, this information is also used to collect your Membership Fees from your mobile phone account with Vodafone and to make such financial records as are required to operate the MusicStation Service. MusicStation collects information about the tracks which you play. This information is vital for Omnifone to be able to account to its Content licensors and pay their fees for the Content which they supply. Omnifone only report to its licensors on an aggregate basis and as such we do not pass on any of your personal information to these licensors. In addition to this play information MusicStation collects other usage information (such as search terms submitted) so as to improve the service and to enable us to provide recommendations of Content that you might like. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that Omnifone may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If Omnifone's use of such content exploits any proprietary rights you may have in such material, you agree that Omnifone has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. Omnifone strongly advises that when posting messages, inputting data or otherwise communicating through the Service you do not include telephone numbers, addresses (postal or otherwise), surname etc. MusicStation automatically backs-up information pertaining to your favourite Content and playlists in order to synchronise this information across all your devices. This same information is used to prevent loss of the record of your favourite Content and playlists should you change your mobile phone or PC. The Software includes an auto-individualisation feature that automatically collects unique system identification information about your mobile phone and which may be remotely activated in order to update security components. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you. In addition, you understand that the Software is capable of monitoring itself for security-related and tamper-detection purposes and for communicating information about security incidents. As we are a company incorporated within the European Economic Area (“EEA”), if you are resident outside of the EEA your personal information will be exported to the EEA for storage and for use by us in accordance with this privacy policy. If You have so consented on the registration form, Omnifone will use your information to send you the latest information on the MusicStation Service and/or new developments to the MusicStation Service. You consent to receiving this information in any form, including by way of electronic communications (for example, emails and texts). If at any time You no longer wish to be contacted for this purpose, please let us know and we will remove You from our mailing list.
You acknowledge that Omnifone has the right to pass your details on to a third party should Omnifone reasonably believe that your usage of the service be in contradiction with copyright laws or this Agreement. Omnifone will fully co-operate with any appropriate authority or Court order requesting or directing Omnifone to disclose the identity of any member. Omnifone may also provide your details to any third party to whom disclosure is necessary to enable Omnifone to enforce its rights under this privacy policy, and to any purchase of Omnifone and/or the MusicStation Service. You are entitled to see the information held about you and you may ask Omnifone to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us using the information provided above. Omnifone is entitled by law to charge a reasonable fee to meet the administrative costs in providing you with details of the information held about you.

Fair Use Policy

Vodafone may elect not to waive data carriage charges in the event that the volume of Content downloaded by you from the MusicStation Service is excessive. Please refer to Vodafone terms and conditions for more details and for the fees that may apply should Vodafone elect not to waive such data carriage charges.