We offer services optimized for mobile devices. By visiting the website or the corresponding WAP site ("Sites") and/or registering the Services, you accept that you are entering into a binding contract with
us governed
by the Terms of
Service and Privacy Policy.
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service as well as the Privacy Policy, please don’t use the Sites or any of the Services.
The Terms of Service and Privacy Policy may be updated from time to time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any
amendments or
modifications of the Terms of Service and Privacy Policy.
Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access
to the
content as long as they
have an active subscription.
The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive
and/or access the
content.
You agree to pay on time any fees, tariffs or other charges incurred in creating the subscription.
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), deleted or
incorrectly delivered.
In order to make the most out of our Service, you must have the necessary mobile communication means with easy internet access. Some wireless Services are only available for a selected number of mobile devices. This
is an issue with its
manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service.
You are responsible for ensuring that your equipment 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.
In order to use the Service you (a) must at least have reached the age as per the rules and regulations of your country of residence and have the bill payer's permission to sign-up for and use the Service
on his behalf
and (b) agree on
behalf of the bill payer and yourself to be bound by the Terms of Service.
For getting full access to a Service, you will be charged the applicable fees.
Subscriptions that have been purchased through the Site will be charged through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message
fees from your
mobile operator can apply.
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 VAT, 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
authorized to levy
taxes.
All fees, including fees for existing subscription contracts, are subject to change upon notice from Provider. Provider will give you 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 immediately upon termination.
In order to guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information ("Registered Information") provided to us is
correct and
complete at all times.
If Provider, in its sole discretion, has reason to believe 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 of its components.
You are responsible for maintaining the secrecy of any password and/or account issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You may
contact Provider if you
notice or suspect unauthorized use of your password or account, or any other breach of security. Provider may give you access to some Services without being registered, such as sign-up via your mobile device for the
Service. In each such
case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment,
suspension or
discontinuance of the
Services.
You agree to use the Service in accordance with the following Code of Conduct:
a. You will not use the Services for any illegal, unauthorized or commercial purpose;
b. 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;
c. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive
or defamatory
statements, or racist, pornographic, obscene, or offensive language or images;
d. You will not use the Service to infringe the privacy rights, property rights, or any other rights of Provider or any person;
e. You will not 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 which
is fraudulent or otherwise unlawful or violating of any law; and
f. You will not reproduce, copy, sell, resell or use the Service in whole or in part.
Provider, at its sole discretion, reserves the right to terminate or suspend your use of the Service for any violation of these prohibitions, and you agree that you will not receive refund of subscription fees already
paid to us.
Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also give consent to
the way we
may handle your
personal information as detailed in our Privacy Policy.
You agree to indemnify, defend and hold harmless Provider, its subsidiaries, related parties, affiliates, and their representatives 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 (i) the use of the Service, the content, the downloads, software and Sites, including without limitation, your downloads from the Sites, (ii)
violation of the Terms of
Service 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.
Subscriptions that have been purchased through our Sites can be managed and canceled via those Sites. You can also send us an e-mail to the e-mail address, as communicated to you on the Sites and/or through
our
Services.
As far as your country of residence allows us, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our Sites
and deliver
advertisements and
promotions on your mobile device 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.
We will not share your personal details with third parties without your consent. You have the right to ask us at any time not to contact you by any way of direct marketing.
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. 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 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 may be the result of such transactions.
You are aware and agree that the software used in connection with the Service, the Sites as well as the Services contain information and marks that are protected by valid and applicable copyright law, trade
secret law,
trademark law and
any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services in or as part of any version,
belong to us at all times
(“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and 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, other than those expressly granted in the Terms of Service.
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
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 the Terms of Service, as long as you do not copy, alter or amend any
Software, source
codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a
source code, and
you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those.
You guarantee that you
will not amend the content,for the purpose of (but not limited to) gaining unauthorized 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. We aim to
respect the intellectual property rights of others. If you are a copyright owner or authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe that any content
on the Sites or
Services infringes your copyright, you may submit Provider’s designated copyright agent a copyright infringement notification by providing the following information:
a) Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered on a single Site and/or Service, you may provide a list of the copyrighted works that you claim have
been infringed;
b) Identify the material that you claim is infringing or will be the subject of infringing activity and that has to be removed, and provide access and information reasonably sufficient to permit Provider to locate the
material and
disable it;
c) Provide your contact information so that we can contact you such as your address, telephone number and email address;
d) The statement that you have identified material on the Sites and/or Services which infringes your copyright;
e) The statement that you have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law;
f) The statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under
the copyright that
is allegedly infringed; and
g) Provide your full legal name and your electronic or physical signature.
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE "PROVIDER PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE,
THE
CONTENT, AND SITES. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE, THE CONTENT, THE SITES ARE PROVIDED ON A "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 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 USE THE SERVICE, THE CONTENT, AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR
LOSS OF DATA THAT
RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;
e. IMAGES OF People SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU.
f. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES 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, 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, AND SITES.
These Terms of Service form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating
to the Sites
or the Services.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service or the use of the Sites or the Services.
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory right as a consumer.
National laws from your country 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 the Terms of Service. 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 Terms of Service in no way constitutes a waiver or renunciation of those rights or stipulations. In case any provision of the Terms of Service 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.