PHONEKY serves mobile content such as ringtones, wallpapers, games, applications, themes to customise mobiles since 2000!

Dedicated to providing the best value for all mobile phone needs, PHONEKY guarantees that its customers will value its premier services.

PHONEKY strives to make itself the ultimate place where you will find the widest selection of ringtones and wallpapers!

PHONEKY has evolved along with mobile industry from MobiliuM mobile web site (twilightwap.com/mobilium/) which was the first mobile web site in the world to offer downloadable content.

History / Key Dates

2000	Foundation of Twilight Zone, one of the first mobile web (WAP) Portals in the world
2001	Operator Logos, Picture Messages, Animations, Game services for earliest phones (Nokia 7110, 8210, Ericsson T39, T68)
2002	First ever mobile polyphonic ringtone downloads service for the first compatible mobile phone (Nokia 3510i)
2003	Premium Polyphonic Ringtone, True Tone, Wallpaper, Screensaver services were added.
2004	Java Games, Java Apps, Symbian Series60 Themes, Video services were added.
2005	MP3 Ringtone service was added, year of Crazy Frog & Sweety Chick :)
2006	Nokia Series40 Themes, Name Tones services were added.
2007	Sony Ericsson Themes, Screensavers services were added.
2008	New site design, new site name PHONEKY!
2009	All services made available to download for FREE!
2010	Symbian Games & Apps services were added.
2011	Apple iPhone Ringtones service was added.
2012	Android Games & Apps services were added.
2014	Android Live Wallpapers & Android Themes, New Video services were added.
2015	Fresh new site design update and membership service.
2016	Android and iOS Apps were launched!
2017	iPhone Live Wallpapers service was added!
2018	All Phoneky services are now served in 21 languages!
2019	Phoneky Play Store launched.
2020	Updated our ringtone and wallpaper archive
2021	Phoneky PWA App launched
2022	New version of Phoneky iOS app launched
...	Stay tuned for our new exclusive services..

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Use of this app constitutes your acceptance of these terms and conditions.
PHONEKY and it's owner reserves the right to make changes to this app and these terms and conditions at any time.

Please read this page carefully. These are the rules that govern Phoneky.com. These rules help keep Phoneky a fun, safe place for you. By using Phoneky, you agree to these terms of service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Phoneky owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

Description of Services
Phoneky provides users with access to a rich collection of resources, including downloadable ringtones, wallpapers, games and applications for the cell phone(the "Service"). You understand and agree that the Service is provided "AS-IS" and that Phoneky assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personal files. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or wireless service provider charges). You are responsible for those fees, in addition, you must provide and are responsible for all equipment necessary to access the Service.

Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Phoneky has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Phoneky has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Phoneky Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.

Member Account and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Phoneky of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Phoneky cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Phoneky, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Phoneky does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Phoneky be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
--upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
--harm minors in any way
--upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
--upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
--upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
--upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
--interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
--intentionally or unintentionally violate any applicable local, state, national or international law
--collect or store personal data about other users
You acknowledge that Phoneky may or may not pre-screen Content, but that Phoneky and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Phoneky and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Phoneky or submitted to Phoneky.
You acknowledge, consent and agree that Phoneky may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Phoneky, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Phoneky and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although Phoneky cannot monitor the conduct of its members off the app or on the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior written consent.
You are solely responsible for your interactions with other Phoneky members. Phoneky reserves the right, but has no obligation, to monitor disputes between you and other Members.

Submitted Content
Phoneky does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Phoneky the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible area of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available and for the additional purpose of marketing the Phoneky web site to potential new members, "Publicly accessible" areas of the Service are those areas of the Phoneky network of properties that are intended by Phoneky to be available to the general public. By way of example, publicly accessible areas of the Service would include downloadable ringtones, wallpapers, games, etc.

Modifications of Service
Phoneky reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Phoneky shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination
You agree that Phoneky may, under certain circumstances and without prior notice, immediately terminate your Phoneky account, any associated other accounts, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your Phoneky account includes (a) removal of access to all offerings within the Service, including but not limited to Phoneky Profile, Ringtones, wallpapers, Images, Events, etc. (b) deletion of your password (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Phoneky's sole discretion and that Phoneky shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Phoneky has no control over such sites and resources, you acknowledge and agree that Phoneky is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Phoneky shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Phoneky'S PROPRIETARY RIGHTS
Phoneky grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Phoneky Services. You agree not to access the Phoneky Services by any means other than through the interface that is provided by Phoneky for use in accessing the Phoneky Services.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Phoneky EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Phoneky MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Phoneky OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Phoneky respects the intellectual property of others, and we ask our users to do the same. Phoneky may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who are infringers and particularly repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Phoneky's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the app;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Phoneky's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at info @ Phoneky.com

Privacy Policy

Last updated: April 27, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application means the software program provided by the Company downloaded by You on any electronic device, named Ringtones for iPhone - PHONEKY

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Mobilisim, Lycheet House Poole.

• Country refers to: United Kingdom

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the Application.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Pictures and other information from your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@phoneky.com

Digital Millennium Copyright Act (DMCA)

It is Phoneky's policy to work with copyright owners to protect their intellectual property and to ensure that unauthorized content is not distributed via the phoneky network. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the service, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to info @ phoneky.com and provide us with the following information (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and email address;
v. A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
vi. A statement that information in the complaint is accurate and that complaining party is authorized to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
To qualify for exemption under the safe harbor provisions, phoneky will give notice to its users of its policies regarding copyright infringement and the consequences of repeated infringing activity. [512(i)(1)(A)]
In section 512(f) of the Copyright Act, if the copyright owner misrepresented its claim regarding the infringing material, the copyright holder then becomes liable for any damages that resulted from the improper removal of the material.
Please note that this procedure is exclusively for notifying phoneky and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with phoneky's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Counter-Notice

In act 512(g), phoneky will ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights by notifying the subscribers if their materials have been removed and to provide them with an opportunity to send written notice to phoneky stating that the material has been wrongly removed.

If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, phoneky will notify the claiming party of the individual's objection. If the copyright owner does not bring a lawsuit in district court within 14 days, phoneky will restore the material to its location on its network. A proper counter-notice must contain the following information:

i. The subscriber's name, address, phone number and physical or electronic signature;
ii. Identification of the material and its location before removal;
iii. A statement under penalty of perjury that the material was removed by mistake or misidentification; and
iv. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

In accordance with the DMCA and other applicable law, phoneky has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. phoneky may also at its sole discretion limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

For more information about the PHONEKY Terms of Service, please see https://phoneky.com/my/?p=terms

PHONEKY Copyright Agent contact information:

Copyright Agent Email: info @ phoneky.com

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