The following General Terms and Conditions (hereinafter referred to as "General
Terms") , constitute a legal agreement and are applicable to the content and Services
supplied via Short Messaging Service (hereafter referred to as "SMS service") as
well as to the services supplied via the internet, this website or a wapsite ("the
Sites") and/or via other means of mobile content delivery by the Provider or its
affiliates (hereafter referred to as "Provider", "we", "us", "our"), unless otherwise
agreed in writing. Both uses of the SMS service and of the internet (including the
use of the Sites) are collectively referred to as the "Service" or "Services". Provider
is permitted to amend these General and Specific Terms at any time. Therefore, read
these pages regularly. In the event of use or consumption of certain content and
Services, in addition to the General and Specific Terms any rules of play, rules
of contest, sales promotion conditions, guidelines or provisions applying to these
content and Services and made known beforehand will also apply (hereafter referred
to as "Additional Provisions"). The Additional Provisions are considered as inserted
here and are an integral part of these General Terms. In case of any discrepancy
between these General Terms and the Additional Provisions, the latter shall prevail.
These General Terms also incorporate and include Provider's
Privacy Policy and Copyright Policy. In the free welcome message from Provider
you will find the URL (Unified Resource Locator) of the Sites on which the General
and Specific Terms have been posted. You and/or the bill payer accept that they
have been given an opportunity to read and accept the General and Specific Terms
before using the Service.
ACCEPTANCE OF THE SMS CONTENT AND SERVICES AND USE OF THE
SITES CONSTITUTE ACCEPTANCE OF THESE GENERAL AND SPECIFIC TERMS, THE
COPYRIGHT POLICY AND THE PRIVACY POLICY.
If you do not agree, do not use the content and Services.
1. DESCRIPTION OF THE PROVIDER
By means of the Services, Provider supplies its users access to a network of on-line
and wireless applications, including, but not limited to news or information, e-mail,
chat services, jokes, horoscopes, games, RingTones, wallpapers, fun sounds, real
tones and videos. The Service may also include access to content and Services of
independent third parties. The General and Specific Terms and Additional Provisions
are also applicable to any expansion or improvement of the present Services. The
Service (or any part thereof) can be amended at any time temporarily or permanently
or terminated by Provider. You agree that Provider is not liable towards a third
party or you as user if the Service is amended, terminated or suspended.
2. ACCESS TO THE SERVICE, AVAILABILITY AND AGE RESTRICTION; YOUR RESPONSIBILITIES
In order to use the Service you (1) must at least have reached the age as per the
rules and regulations of your country of residence and authorized wireless account
holder and/or have bill payer's permission to sign-up for and use the service on
his behalf and (2) agree on behalf of the bill payer and yourself to be bound by
these General and Specific Terms. The Service is provided "as is" and "as available"
at the time of use or consumption and Provider does not accept any liability or
provide any guarantees if personal settings, information or messages are not saved
(on time), are deleted or incorrectly delivered. In order to use the SMS service
you must have the necessary mobile communication means. Some wireless applications
are only available for a select number of mobile phones. This is an issue with the
handset manufacturers, hence out of the control of Provider. To prevent any disappointment,
we ask you to check the compatibility of your handset before subscribing to the
Service, as listed under the compatible handsets section, mentioned in the "Compatible
Handsets" on the Sites. In addition,
YOU MUST HAVE A MOBILE COMMUNICATIONS SUBSCRIPTION
WITH A PARTICIPATING CARRIER OR OTHERWISE HAVE ACCESS TO A MOBILE COMMUNICATIONS
NETWORK FOR WHICH PROVIDER MAKES THE SERVICE AVAILABLE AS WELL AS ANY CARRIER SERVICES
NECESSARY TO DOWNLOAD CONTENT, AND PAY ANY (CARRIER) SERVICE FEES ASSOCIATED WITH
ANY SUCH ACCESS. YOU MUST HAVE A WORKING INTERNETCONNECTION INSTALLED ON YOUR MOBILE
PHONE (WAP, GPRS). FOR INSTRUCTIONS, PLEASE CHECK YOUR CARRIER'S WEBSITE.
You are responsible for making sure that you have the devices needed to effect the
connection, including a mobile telephone or personal computer or any other devices
that may be necessary. You are responsible for ensuring that your equipment and/or
software do not disturb or interfere with Provider's operations. Any equipment or
software causing interference shall be immediately disconnected from the Service
and Provider shall have the right to immediately terminate or suspend the Service.
If any upgrade in or to the Service requires changes in your equipment or software,
you must effect these changes at your own expense. Access to the Service can be
provided by delivering to you downloadable content of the category you subscribed
to (e.g. by delivering a wallpaper) or by enabling you to download the content (e.g.
by delivering a wap-push link or a PIN for download of the content on dedicated
Sites or by providing access to the content (e.g. by enabling MSISDN (mobile station
intergrated services digital network number) for the content). The fees shall become
due irrespective of whether or not you actually download any content; the consideration
for the fees shall solely be the provision of the right to download, receive and/or
access downloadable mobile (entertainment) content.
3. FEES
You have free access to our Sites. For the SMS service you must be registered as
an account holder and charges of the SMS service will be billed on your wireless
phone bill or deducted from your balance. Separate wireless provider text message
fees apply. In the free welcome message from Provider you will find information
about the fees to be paid to Provider and the frequency of the Service. All fees,
including fees for existing subscription contracts, are subject to change upon notice
from Provider. Provider will provide you with reasonable notice of such change.
If you do not accept the new fees (which will be applicable on a prospective basis
only), you may cancel your subscription and/or your account effective immediately
upon termination. In the event of invoices from a third party the payment conditions
of this third party will apply to these invoices. You will pay or reimburse to Provider
all national and local or other taxes (excluding taxes based on the net profit of
Provider) including but not limited to sales transaction taxes, occupancy-related
property tax and tax on games of chance or any levies imposed in lieu thereof, which
taxes are based on the costs due for the use of the Service, regardless of whether
those taxes are levied either now or in the future by international, European, national
or local authorities or by any other body or bodies authorised to levy taxes.
4. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct: a.
you will keep all information provided to you through the Service as private and
confidential and will not give such information to anyone without the permission
of Provider or the person who provided it to you; b. you will not use the Service
to engage in any form of harassment or offensive behaviour, including but not limited
to the posting of communications, pictures or recordings which contain libellous,
slanderous, abusive or defamatory statements, or racist, pornographic, obscene,
or offensive Language or images; c. you will not use the Service to infringe the
privacy rights, property rights, or any other rights of Provider or any person;
d. you will not post messages, pictures or recordings or use the Service in any
way which violates, plagiarizes or infringes upon the rights of Provider or any
third party, including but not limited to any copyright or privacy or other personal
or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;
e. you will not use the Service to promote any solicitation for funds, advertising
or solicitation for goods or services; f. you will not post or transmit in any manner
any contact information including, but not limited to, telephone numbers, postal
addresses, e-mail addresses, web sites, or full names through your publicly posted
information; g. you will not reproduce, copy, sell, resell or use the Service, in
whole or in part; and h. you will not use the Service for commercial purposes; i.
you will not use the Service to send unsolicited e-mail messages, including, without
limitation, bulk commercial advertising or informational announcements ("Spam").
In addition, you will not use the Service to (a) send e-mail messages which are
excessive and/or intended to harass or annoy others, (b) continue to send e-mail
messages to Provider or a recipient that has indicated that it/he/she does not wish
to receive them, (c) send e-mail with deceptive or misleading header information,
(d) send malicious e-mail, including, without limitation, "mailbombing", or (e)
send or receive e-mail messages in a manner that violates the use policies of any
internet service provider; j. Provider, at its sole discretion, reserves the right
to terminate or suspend your use of the Service for any violation of these prohibitions.
5. REGISTRATION OBLIGATION
In order to guarantee safe use of the Service, as well as payment of the applicable
fees, you will guarantee that at all times: (a) the personal information (hereinafter
to be referred to as the "Registered Information") provided on the registration
form is correct and complete. If Provider, in its sole discretion, believes that
the Registered Information is not accurate or complete, Provider is entitled to
suspend or terminate your account and to withhold both current and future use of
the Service, or any component of it. You are responsible for maintaining the secrecy
of any passwords and/or accounts issued to you by Provider, and you are fully liable
for all actions carried out involving the use of your password or account. You undertake
at the end of each session to close your account (by closing your browser) and to
contact Provider if you notice or suspect that unauthorized use has been made of
your password or account, or that security or protection of the Registered Information
is no longer guaranteed for any other reason. Provider may provide you with access
to some Services without you registering as a user, such as sign-up via your mobile
phone for the SMS service. In each such case your identification is based on means
of identification that we deem appropriate, such as your mobile telephone number.
In each case you will receive a free welcome message from Provider. We ask you to
check and store this message on your mobile phone.
6. COMPETITIONS AND AVAILABILITY OF PRIZES
If prizes can be won as part of the Service, you must be registered with Provider
in accordance with article 5 of these General Terms in order to receive the prize
won. Additional Provisions may be applicable. You may find these on the Sites. The
information given must be valid in order to claim the prize. Winners will be drawn
at random by a computer. Prizes are awarded to users that have reached the appropriate
age as per local rules and regulations, living in and with a postal address in the
country of residence. In the event of doubt about age, Provider is entitled at all
times to ask for a copy of a valid proof of identification before issuing the prizes.
The right to receive prizes lapses if we have not received a copy of a valid proof
of identity within 21 days in accordance with this article. Money prizes will only
be paid out to bank accounts, held at banks in your country. Prizes may be subject
to tax on games of chance or any levies imposed in lieu thereof. Acceptance of the
prize by the user means that user authorises Provider to use his or her name and
any images made of him or her related to the prize-giving ceremony, for promotional
activities of Provider, without Provider owing a fee to the winner of the prize.
Provider cannot guarantee that the content and Services provided correspond with
the images on Provider's Sites. Prizes will be made available within six weeks after
they have been won. Any costs such as, but not limited to, transport, bank and postage
costs are for the expense of the receiving party, unless otherwise stated. Companies
and/or legal entities and/or sponsors, employees and business partners of Provider
are excluded from participation. Provider will not enter into any correspondence
on the results.
7. PRIVACY POLICY AND PROCESSING DATA
Provider attaches great value to the privacy of its users. To this end we have drawn
up a separate
Privacy Policy which is an integral
part of the General and Specific Terms and Additional Provisions of Provider. You
acknowledge that Provider may collect and process "personal information", "financial
information" or "demographic and usage information" ("the Information",) in connection
with the Service. We may pass on the Information to your carrier and/or gateway
service provider to secure collection of fees and such Information collected by
Provider may be stored and processed in the country in which Provider or its agents
maintain facilities. By using the Service, you consent to any such transfer of Information
outside of your country. By using the Service of the Provider you agree to this
Privacy Policy, the
Copyright
Policy and the General and Specific Terms. If you cannot agree to this, then please
do not use our Service. We reserve the right to amend, extend or limit this
Privacy Policy, the Copyright Policy and the General and Specific Terms
at any time. Unless explicitly determined otherwise, the General and Specific Terms,
the Copyright Policy and the
Privacy Policy apply
to all existing and new applications with which the current Service is extended
or improved. Therefore, read these pages regularly.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Provider and its parents, members,
subsidiaries, affiliates, service providers, contractors, agents, licensors, officers,
directors, shareholders, and employees from and against any and all claims, lawsuits,
demands, actions or other proceedings brought against it by any third party due
to, arising out of or related to your (i) use of the Service, the content, the downloads,
Software and Sites, including without limitation, your downloads from the Site,
(ii) violation of these General and Specific Terms or (iii) violation of any law,
regulation or third party rights. You shall pay any and all costs, damages and expenses,
including, without limitation, reasonable attorneys' fees and costs awarded against
or otherwise incurred by Provider in connection with or arising from any such claim,
lawsuit, action, demand or other proceeding.
9. USE, STORAGE, MONITORING AND REMOVAL OF INFORMATION
We reserve the right to monitor all advertisements, text messages, public postings
and messages to ensure that they conform to the content guidelines which may be
applicable from time to time. While we do not and cannot review every message sent
by users of the Service, and are not responsible for any content of these messages,
we reserve the right, but are not obligated, to delete or move content including
without limitation profiles, public postings and (text) messages, that we, in our
sole discretion, deem to violate these General and Specific Terms or any applicable
content guidelines, or to be otherwise unacceptable. You shall remain solely responsible
for the content of profiles, public postings and (text) messages you may record
to the Service or send to other users of the Service. If you think a posting on
the Site(s) infringes on your copyright, please see our
Copyright Policy here. All text messages are screened and explicit adult
content will be removed, unless otherwise stated. Inappropriate users will be prohibited
from participation. Provider is entitled to close accounts which have not been active
for a long period of time. You agree that Provider is not liable or responsible
if data delivered or sent by or through the Service is not saved or erroneously
deleted.
10. CANCELLATION AND TERMINATION
Provider allows the user the possibility to interrupt the flow of information received
via the SMS service. We offer you information on the Sites that correspond with
the Service and/or via the SMS service. Also, in the free welcome message from Provider
you will find information on how to cancel the Service. Generally, information received
via the SMS service can be interrupted by sending an SMS message starting with the
keyword, i.e. your entry code, followed by a space and then the word STOP, or such
other data as may be designated on the Sites. You can send this message to the abbreviated
number (the short code) you used for entry. For example you can send the message
ZOO STOP (to stop the ZOO service) to the applicable short code and cancellation
shall become effective immediately upon receipt of termination request. In addition,
an e-mail can be sent to the mail address, as communicated to you on the Sites and/or
through our Services or the telephone number, can be called. In this case, cancellation
shall become effective within 48 hours upon receipt of termination request. Charges
may still appear on your mobile phone bill the following month as carriers bill
retrospectively. At its own discretion, Provider may, without prior notice to you,
suspend or terminate use of the Service by you and destroy and remove Registered
Information within the Service for any reason. You agree that Provider may erase
or deactivate your account and all information connected with it as well as any
lists or files contained by it without delay, and/or deny you further access to
the Service.
11. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS
We may use advertisers and promoters to help offset the costs of our Services. As
a condition to using these Services, you agree that we may display advertisements
and other promotions on our Sites and deliver advertisements and promotions by the
SMS service or otherwise in connection with our Services. You also agree that you
will not attempt to block or otherwise interfere with such advertisements or promotions.
SOME JURISDICTIONS DO NOT ALLOW US TO SEND TEXT MESSAGES ADVERTISEMENTS WITHOUT
YOUR EXPRESS CONSENT, SO THE FOREGOING MAY NOT APPLY TO YOU. We will not share your
personal details with third parties without your consent. The inclusion of any advertising
or promotion on our Sites or in our Services does not constitute any endorsement
by Provider of such content, product, service or company. We try to ensure that
any advertisements or promotion is appropriate for our users. You have a right to
ask us at anytime not to contact you by way of direct marketing. Provider shall
not be a party to, or in any way responsible for, any transaction concerning products
or services made available from such third parties or for any content or information
presented in connection with any products or services of third parties. You agree
that provider is not liable for any damage of any nature whatever that may be the
result of such transactions.
12. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that the content and software used in connection with the
Service, hereinafter to be referred to as the Software, contain confidential information
that is protected by valid and applicable intellectual property rights. Except as
otherwise set forth herein, all right, title and interest in and to any intellectual
property, proprietary rights or other rights related to intangible property which
are used, developed, comprising, embodied in, or practiced in connection with any
of the Service ("Intellectual Property Rights") are owned by Provider or its licensors,
and you agree to make no claim of interest in or ownership of any such Intellectual
Property Rights. You acknowledge that no title to the Intellectual Property Rights
is transferred to you, and that you do not obtain any rights, express or implied,
in the Service, other than the rights expressly granted in these General and Specific
Terms. "Intellectual Property Rights" means any and all rights under patent law,
copyright law, trade secret law, trademark law, and any and all other proprietary
rights, and any and all applications, renewals, extensions and restorations thereof,
now or hereafter in force and effect worldwide. You acknowledge that all marks that
appear throughout the Software and Sites belong to Provider, or the respective owners
of such marks, and are protected by domestic and international trademark and copyright
laws. Any use of any of the marks appearing throughout the Software and Sites without
the express written consent of Provider or the owner of the mark, as appropriate,
is strictly prohibited. Further you are aware
of and agree that data in advertisements from advertisers and/or sponsors or information
provided to you via the Service is subject to copyright, trademarks, brand names,
patents or other property rights and laws. You guarantee that you will not amend,
rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate
content or products partially or entirely derived from the Service or the Software
except in the event that Provider has given you explicit written permission to do
so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable,
non-exclusive, revocable and non-assignable license and permission to install the
Software and download the content, to use the working code of its Software to use
the Service on a designated compatible mobile device solely for your own personal
non-commercial use and to use the Software and the Sites solely in accordance with
these General and Specific Terms, as long as you do not copy, alter or amend any
Software, source codes or content, reproduce, modify, perform, transfer, distribute,
sell, resell, create a derived product or content from those, reverse engineer or
reverse assembly those, or otherwise attempt to find a source code (nor allow third
parties to do so), use or make available the Software and content except as expressly
provided in these General and Specific Terms and provided you do not sell any rights
related to the content, the Software and the Intellectual Property Rights, code
those, issue sub-licences for those, encumber those with security rights or otherwise
transfer those. You guarantee that you will not amend the content, the Software
and Intellectual Property Rights in any way or use amended versions of the Software
and Intellectual Property Rights, including (but not limited to) in order to gain
unauthorised access to the Service. You guarantee that you will only use the interface
provided by the Provider in order to access the Service. Provider herewith grants
permission to make only one copy of the Information on the equipment you use for
gaining access to the Service and to use and display the copy of the Registered
Information made on that equipment for private purposes.
13. NO WARRANTY
PROVIDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND AGENTS (THE "PROVIDER
PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE
SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE
AND SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;
b. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE
PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, THE CONTENT, THE
SOFTWARE AND SITES WILL BE UNINTERRUPTED AND ERROR FREE;
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE;
d. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT,
SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA THAT RESULT
FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;
e. WITH REGARD TO THE CHAT SERVICES: THE MOBILE CONTENT SERVICE, I.E. SMS SERVICES,
ARE FOR ENTERTAINMENT PURPOSES ONLY; IMAGES OF PERSONS SHOWN ON TELEVISION, ON THE
SITES AND/OR ON MOBILE TELEPHONES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE
NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE PROVIDER PARTIES BE LIABLE
TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY
TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER'S AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES
INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER
FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.
15. GENERAL INFORMATION
These General and Specific Terms replace all previous agreements between you and
Provider. If you use additional services, material or software from third parties,
additional general terms and conditions may be applicable to you. National laws
from your country or state of residence are applicable to the relationship between
you and Provider, regardless of provisions of applicable international law. You
and Provider hereby waive any right to jury trial with respect to any action brought
in connection with these General and Specific Terms. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded. Disputes will be submitted to final and binding arbitration under the
rules of the arbitration association in your country. Any failure by Provider to
exercise or invoke certain rights or stipulations laid down in these General and
Specific Terms in no way constitutes a waiver or renunciation of those rights or
stipulations. In the event any provision of these General and Specific Terms is
determined to be invalid or unenforceable by a court of competent jurisdiction or
appointed arbitrator, such determination shall in no way affect the validity or
enforceability of any other provision herein. The failure by us to exercise rights
granted to us hereunder upon the occurrence of any violations set forth in this
Agreement shall not constitute a waiver of such rights upon the recurrence of such
violation. The section headings appearing in these General and Specific Terms are
inserted only as a matter of convenience and in no way define, limit, construe or
describe the scope or extent of such section or in any way affect such section.