ACCEPTANCE OF CONTRACT TERMS

The following terms of use ("Terms of Use") are the terms of a legal agreement between you, and Bluestone International Sdn. Bhd. The Bluestone International Sdn. Bhd. website is comprised of various web sites and web pages owned and/or controlled and controlled by Bluestone International Sdn. Bhd.. The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing, browsing and or using the any Bluestone Media AG related site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including EU export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE BLUESTONE MEDIA AG SITE OR ANY OF ITS RELATED WEBSITES. In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game or service, the particular terms of service and play for that game shall control.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Site, or any product or service offered through the Bluestone International Sdn. Bhd. website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bluestone International Sdn. Bhd. immediately of any unauthorized use of your account or any other breach of security. Bluestone International Sdn. Bhd. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bluestone International Sdn. Bhd. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

INFORMATION SECURITY AND QUALITY

Bluestone International Sdn. Bhd. informs you that the personal information directly or indirectly collected on the Web site are protected by the Data Protection Act. Bluestone International Sdn. Bhd. is committed to making respect the right of the user to access, rectify, modify and suppress the personal information in compliance within the articles of the Act. Bluestone International Sdn. Bhd. is committed to keeping secure the data you provide us and will take reasonable precautions to protect your personally identifiable information from loss, misuse or alteration. We are committed to responding in a timely manner to your requests to correct inaccuracies in your personal information. To correct such inaccuracies, please return the message containing the inaccuracies to the sender with details of the correction requested. If you would like to have deleted the personally-identifiable information you have submitted through the Sites from our marketing databases, please contact us. We will then use reasonable efforts to remove your personally identifiable information from our files.


TERMS OF USE MODIFCIATION

Bluestone International Sdn. Bhd. reserves the right to change the terms, conditions, and notices under which the Bluestone International Sdn. Bhd. Sites are offered, including but not limited to the charges associated with the use of the Sites or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.

RULES OF CONDUCT 

In addition to the limitations set forth in the Terms of Use, you will violate the Terms of Use if you (or others using your Account) do any of the following: -

• Transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
• Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
• Upload or distribute any software or content that you do not own or have permission to freely distribute.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files that contain a virus or corrupted data.
• Improperly use the support or complaint buttons or make false reports to Bluestone International Sdn. Bhd. staff members.
• Violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Bluestone International Sdn. Bhd. retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

ILLEGAL BEHAVIOR

Illegal behaviour involving the use of any of the Sites shall be grounds for the termination of a Member's account. Bluestone International Sdn. Bhd. shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law. 


INDEMNIFICATION 

You agree that you will be personally responsible for your use of the Sites, and that you will indemnify, defend and hold harmless Bluestone International Sdn. Bhd., and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable lawyers fees) incurred by Bluestone International Sdn. Bhd. in connection with your use or alleged use of the Sites, including your conduct. Bluestone International Sdn. Bhd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bluestone International Sdn. Bhd.'s defence of such claim.

LINKS TO THIRD PARTY SITES

The Sites may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of Bluestone Media AG and Bluestone International Sdn. Bhd. is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Bluestone International Sdn. Bhd. is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Bluestone International Sdn. Bhd. responsible if the Linked Site is not working appropriately. Bluestone International Sdn. Bhd..com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bluestone International Sdn. Bhd..com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Bluestone International Sdn. Bhd. shall not be responsible or liable for any part of any such dealings or promotions. 

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES

All content and software ("Software") (if any) that is made available to view and or download in connection with the Sites is owned by and is the copyrighted work of Bluestone International Sdn. Bhd. and or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Bluestone International Sdn. Bhd. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. BLUESTONE MEDIA AG AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITES AT ANY TIME. 

BLUESTONE MEDIA AG AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLUESTONE MEDIA AG AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BLUESTONE MEDIA AG AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUESTONE MEDIA AG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME COUNTRY 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 PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

INTELLECTUAL PROPERTY

The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are the property of Bluestone International Sdn. Bhd. and or third-party content providers. Bluestone International Sdn. Bhd. owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Bluestone International Sdn. Bhd. enables you to download) without the express written permission of Bluestone International Sdn. Bhd. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Bluestone Media AG and or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

SUBMISSIONS

Bluestone International Sdn. Bhd. is pleased to hear from their customers and welcomes their comments regarding Bluestone International Sdn. Bhd.'s services and the Sites. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Bluestone International Sdn. Bhd.'s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. 

If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Bluestone International Sdn. Bhd.. None of the Submissions shall be subject to any obligation of confidence on the part of Bluestone International Sdn. Bhd., and Bluestone International Sdn. Bhd. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Bluestone International Sdn. Bhd. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

PAYMENTS 

You must use a Credit Card, PayPal or Ukash (Where applicable) or choose operator billing to pay for your subscription(s) and or services. When you provide credit card or other payment mechanism information to Bluestone Media AG, you represent that you are the authorised user of the credit card or Mobile account holder that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that Bluestone International Sdn. Bhd. is authorised to charge your chosen payment mechanism for the subscription fee where applicable. You agree to promptly notify Bluestone International Sdn. Bhd. of any changes to your credit card account number or other payment information, its expiration date and or your billing address, and you agree to promptly notify Bluestone International Sdn. Bhd. if your credit card expires or is cancelled for any reason.

SHOPPING 

The shops ("Shops") on the Sites provide you the opportunity to purchase various Bluestone International Sdn. Bhd. products and services. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. 
You represent and warrant that you are at least 13 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and or registration account to access the Shops.


SUBSCRIPTION TERMS AND CONDITIONS

ELECTRONIC SOFTWARE DOWNLOADS REFUND POLICY

Bluestone International Sdn. Bhd. products can be selected as downloadable software from our online store. Once your credit card or other payment mechanism has been authorised, processing can take up to 2 minutes; you will receive instructions on how to download your software. If the transmission is interrupted in any way you will initially receive a total of two attempts to download your software. If at any reason you cannot download the software please contact the Bluestone International Sdn. Bhd. technical team at support@something-mobile.com
Please read the system requirements very carefully before making any purchases. In case of disputes, we may refund your purchase, contact us at support@something-mobile.com.


GENERAL TERMS AND CONDITIONS

This agreement is governed by the laws of the European Union (EU). You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in London, United Kingdom in all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bluestone International Sdn. Bhd. as a result of this agreement or use of the Sites. Bluestone International Sdn. Bhd. reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if Bluestone International Sdn. Bhd. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Bluestone International Sdn. Bhd. or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Bluestone International Sdn. Bhd.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bluestone International Sdn. Bhd.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Bluestone International Sdn. Bhd. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Bluestone International Sdn. Bhd. with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bluestone International Sdn. Bhd. with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

Bluestone International Sdn. Bhd., Bluestone International Sdn. Bhd..com and or other products referenced herein are either trademarks or registered trademarks of Bluestone International Sdn. Bhd.. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

COPYRIGHTS:
All contents of the Site are: Copyright © 2010 Bluestone International Sdn. Bhd.