3. Copyright and Trademark Notices

All of the Fonetastic logos are the property of Vermillion Skies. Other product and company names mentioned on the Fonetastic website or other websites or services accessed through the website may be the trademarks of their respective owners. All contents of this website including this access agreement are copyright ©2001 Vermillion Skies Ltd, are protected by database rights and may also be protected by other means.

No part of the Fonetastic service, including the website and any e-mails or text messages we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of Vermillion Skies, other than in the cache of your computer or the SIM card of your mobile phone in the course of using the Fonetastic service.

You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the Fonetastic service or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is prohibited.

4. Data Protection

Vermillion Skies is deemed notified to process data under the Data Protection Act 1998. You consent to use of any personal details you give for internal administrative purposes, for marketing, and for release to third parties either for gain or without charge. Without limit on what we agree in the rest of this agreements you understand that Vermillion Skies may sell Fonetastic or may change its ownership and the data it holds might be sold to a third party as part of that change in structure. Data could be transmitted outside the UK but Vermillion Skies will at all times adhere to the data protection principles outlined in the Data Protection Act 1998. If you give fax, phone, text or e-mail details you authorise Vermillion Skies or its associates, or anyone given permission by Vermillion Skies, to contact you using that method, including contacting you for marketing purposes. If you decide that you no longer wish us to communicate with you, or the details we hold on you change, or you decide to register with the Telephone Preference Service or Fax Preference Service in the UK or any equivalent you agree to tell us to enable us to update our records.

Vermillion Skies is able to provide the Fonetastic service only by selling advertising space and data to third parties. From time to time the Fonetastic website, or the adverts on it, might use cookies, web bugs or other means to gather information from visitors to the site. Most internet browsers will allow you to change your settings to restrict the use of this technology. If you would like more information about this please e-mail us at support@partners.fonetastic.com Fonetastic uses ad servers (such as Double Click) to serve the advertisements that you see on the pages of Fonetastic. That partner may use cookies in the process of serving advertisements. For some more information about Double Click cookies and how to 'opt-out', please click here.

5. Limitation on Types of Use

You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from Fonetastic. You may not use Fonetastic for anything other than the purpose outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the website or use any applications which could lead to harm to the Fonetastic site. You may not use the Fonetastic service to suggest an association with Fonetastic or Vermillion Skies without Vermillion Skies prior written consent.

6. Liability Disclaimer

Please Read Carefully as this Clause Limits your Ability to Claim Damages

The main purpose of Fonetastic is to provide information about the SMS messaging in the UK.

Vermillion Skies makes every effort to check the accuracy of information published on Fonetastic. You should note however that Vermillion Skies does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information, products, and services offered on Fonetastic may include inaccuracies or typographical errors. In particular, and without limitation to the rest of this agreement, Vermillion Skies is not able to guarantee that its service will continue or be accurate during time of server failure.

This agreement does not cover the main body of the FinanceLink site and Vermillion Skies accept no responsibility or liability for that site.

Information contained in, or accessible via, Fonetastic changes on a regular basis. Vermillion Skies may make improvements or alterations to Fonetastic at any time and without notice. Vermillion Skies is not responsible in any way whatsoever for the content of any site accessed using this website, nor can it warrant that use of Fonetastic will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using Fonetastic on your computer, PDA or phone.

Vermillion Skies is not in a position to know for what purpose you will use information or data provided by Fonetastic and so cannot insure against loss.

Vermillion Skies makes no representations about the suitability of the information, products, and services contained on, or accessed via, Fonetastic for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.

Some of the logos provided as part of Fonetastic have been designed by individual members and Vermillion Skies do not carry out any checks as to whether these designs infringe third party intellectual property rights. Vermillion Skies makes no representation and does not warrant that any logo provided as part of the services of Fonetastic does not and will not infringe a third parties intellectual property rights.

Vermillion Skies shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of Fonetastic, or with any delayed access to, or inability to use Fonetastic, or for any information, products, and services obtained through Fonetastic, or otherwise arising out of the use of Fonetastic, whether based on contract, tort, strict liability or otherwise, even if Vermillion Skies has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

7. Links to Third-Party Sites

The Fonetastic website may contain hyperlinks to websites operated by parties other than Vermillion Skies. These hyperlinks are provided for reference only. Vermillion Skies does not control these websites, including the main body of the FinanceLink site, and is not responsible for their contents.

A reference on this site to any persons, products, web sites or services does not constitute or imply their endorsements, recommendation or favouring by Vermillion Skies.

The inclusion of hyperlinks to these websites does not imply any endorsement of the material on them or any association with their operators. In particular, and without limitation to the rest of this agreement, Vermillion Skies has no control over any newsgroups, chat rooms or e-mail discussion forums which you may come across via this site. Additionally, and again without limitation to the rest of this agreement, you should not download pornographic, racist or obscene material from the internet.

Vermillion Skies reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the site (or anything on the site), please inform Vermillion Skies immediately via e-mail to support@partners.fonetastic.com. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at http://www.iwf.org.uk/.

8. Messages from Vermillion Skies

Any e-mail or other form of communication between representatives of Vermillion Skies and other parties will be deemed covered by the terms of this agreement.

9. Messages to Vermillion Skies

You are responsible for your own communications and are responsible for the consequences of their posting. If you submit information to us, by doing so you give us a non-exclusive royalty free licence to use it.

Without limit to the legal requirements already imposed on you, you must not (and by e-mailing us you agree not to) do the following things: post material that reveals trade secrets (unless you own them or have the permission of the owner and the owner does not object to them entering the public domain); post material that infringes on any other intellectual property rights of others, which breaches the professional ethics of a profession or the privacy of others; post material that is obscene, defamatory, threatening, harassing, abusive, sexually explicit or discriminatory; or pretend to be another person.

10. Membership

We only accept members on our standard terms and conditions contained in our membership agreement. Please click here to see them.

11. Premium Rate

Premium rate phone lines are used in relation to the provision of ringtones, SMS and credit top ups. You must always get the consent of the person who pays the phone bill before using the services provided by Fonetastic. If you have any complaints in relation to Fonetastic email support@partners.fonetastic.com or call 0845 658 9965.

12. No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to Vermillion Skies that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

13. Other General Terms

This agreement is governed by the laws of England, where Fonetastic originates and is designed to be accessed and is deemed to be made in England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of Fonetastic. Use of Fonetastic is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vermillion Skies as a result of this agreement or use of Fonetastic. Each and every provision of this agreement is separate and severable. 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 out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected.

This agreement constitutes the entire agreement between you and Vermillion Skies with respect to Fonetastic (save that should you also be a member of Fonetastic the provisions of the membership agreement will run in addition) and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Vermillion Skies with respect to Fonetastic (other than any membership agreement relating to membership of Fonetastic). 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. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of Fonetastic.

14. Variation of these Terms and Conditions

Vermillion Skies reserves the right to change the terms, conditions, and notices under which Fonetastic is offered. We will do this by altering the access agreement on our website and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement on the site as the current version will be binding on you.