Terms and Conditions for Use
1. Agreement
Please read carefully the following terms and conditions, (the "Agreement"). By accessing and using this site you agree to these terms of use. If you do not agree to the terms of the Agreement do not continue to use the Site. Turner reserves the right to block access to any user who is in breach of these terms of use.
2. Service Provider
The Cartoon Network site (Site) and related content ("Content") are offered to you in the English language by Turner International India Pvt. Ltd., a company incorporated in the National Capital Territory of Delhi with its registered office at S-2, Level 1, Block F, International Trade Tower, Nehru Place, New Delhi 110-019 (Turner) Registered No. 9127955 VAT No. 440514387.
3. Service and Charges
This Site and Content are only viewable on web enabled phones (check below for system requirements) in India. Downloadable content is only available on the following networks: Airtel, Bpl, Bsnl, Idea, Mtnl Delhi, Mtnl Mumbai, Spice Karnataka, Spice Punjab, and Vodafone.
The Site and Content consists of a WAP push service using software that is already available on your mobile handset, and in which all the Content is hosted by a third party provider. Content may be free or on a pay to download basis and this will be indicated prior to download.
The terms of your mobile operator will continue to apply when accessing the Site and Content. You should be aware that your mobile operator may charge you both for access to its connection services and for the duration of your mobile phone's connection while accessing the Content (these charges may include without limitation GPRS or Circuit Switch Data charges); you are responsible for these costs and the costs of any other third party associated with receiving the Site or Content. You will need to contact your mobile operator or check your contract/tariff details for an explanation of these charges. If you are not a bill payer for the mobile phone you are using then you will have to get permission from the bill payer before using the Site or downloading any Content.
Unless both you and we have agreed otherwise, we will begin to supply the Content services as soon as your order is received and accepted by us and you will not then be able to cancel that order under the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000. For more information contact your citizens advice bureau or a solicitor.
4. Liability
We will compensate you for any loss or damage you suffer if we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence) unless that failure is attributable to (i) your own fault (ii) a third party unconnected with our performance of this Agreement (e.g. problems to communications network performance, congestion and connectivity or the performance of your computer or mobile equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or forestalled even if we or they had taken reasonable care. Turner shall not be responsible or liable for your use of any other WAP sites. This Site and Content is for consumer use only. Our liability shall not in any event include losses related to any business of yours such as lost profits or business interruption.
5. Turners Intellectual Property Rights
As between you and Turner, Turner is the holder of all the rights relating to the Site, and in particular all the intellectual property rights, including copyright and database rights, relating to the Content. Except where permitted by these terms and conditions or by law (for more information on your legal rights contact your local citizens advice bureau or a solicitor), you may not reproduce, copy, store, transmit, communicate to the public, download or amend in any way the Content, Cartoon Network or other Turner logo, images, sounds, Cartoon Network or other trade marks or any other item constituting the Content without obtaining prior consent from Turner in writing.
6. Alteration to the Services and Termination
The Site is a dynamic environment and all or part of the Site and the Content may change at any time. You should therefore be aware that Turner can amend or withdraw any information, data or content forming a portion of the Site, or cease providing the Site entirely and terminate this Agreement at any time, without liability and without notice for any reason whatsoever.
7. Unpredictable Nature of the Services
The transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues, (i) third party telecommunications operators and (ii) the suitability and proper maintenance of your receiving equipment. Accordingly Turner cannot take any responsibility for these aspects of the continued availability and quality of reception of the Site. We recommend that you read the comments about handset compatibility and other technical information on the Site carefully.
8. Information
Although we take reasonable care in producing the Site we cannot check every aspect of the Content or promise that typos or errors will never appear on the Site. Unlike, say, a book or television programme, the Site is a dynamic environment with regular changes and therefore inaccuracies may occur from time to time. Please contact us if anything seems unclear or incorrect. The Content is provided for private entertainment purposes.
9. Rights
The Content and the Site are provided for your private non-commercial use only without making any financial gain and you must not permit any other person or persons to use the Content or the Site for commercial purposes. This means, for example, that you must not charge for viewing of the Content and that you cannot use the Site or Content to attract others to buy goods or services from you or anyone else.
10. Applicable Law
Relevant Indian law will apply to these terms and conditions and the relevant courts of the India shall have exclusive jurisdiction in relation to them.
11. Customer Care
In the event that you should have any problems in accessing the Content, please contact cartoonnetworkmobile@turner.com for assistance. If you are having trouble downloading tones, games or wallpapers please send us an email and include your operator name, phone model, phone number, and the content you are trying to download. This will allow us to troubleshoot the situation more accurately.
If you do not see the graphics and have a web enabled phone, please make sure you are connected and refresh the page. If you still do not see the graphics please contact your service provider to troubleshoot.
Unfortunately, our downloadable content may not work across all devices.
Please check your manufacturer¹s settings for a list of compatible file types.
Please note that you will enter a confirmation page allowing you to check the price and any errors before proceeding to download content. Once you agree to purchase, you will then be redirected to the purchase approved page. And the Content will be delivered to the desired handset.
12. General
Only you or us have the right to enforce any provision under this Agreement.
We intend to rely upon these written terms and conditions (as amended in accordance with the provisions below) as the entire understanding between us relating to the Site and the Content. If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do.
We may post changes to these terms and conditions from time to time so do review them regularly.
If you breach this Agreement and we do not take any action against you, we may still take action against you if you breach the same term on another occasion or if you breach a different term.