TERMS AND CONDITIONS
BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY.
BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE; DO NOT USE THE SERVICE.
1. Description of Services
COMPANY provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via Internet and SMS (Short Message Service) services to certain mobile devices (the "Service"). The Service may also include access to products and services of independent third parties. After proper registration and payment, you will be permitted to download certain Products through the Service to mobile phones and other compatible devices.
2. Registration and Access to the Service
(a) Access to the Service. (1) VERIFY THAT YOU ARE ABOVE 16 YEARS
OF AGE AND HAVE THE CONSENT OF THE SUBSCRIBER OF A PARTICIPATING MOBILE COMMUNICATIONS CARRIER TO SIGN-UP FOR AND USE MSOLS SERVICE ON BEHALF OF THE SUBSCRIBER; AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
You agree that with respect to such service each person who requests such service is your agent with full authority to act on your behalf .Where prohibited, the contract is void. To use this service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available, and pay any service fees associated with any such access. Also you must provide all equipment and software necessary to connect the service including a mobile handset or other mobile access device that is in working order and suitable for use in connection with the service. If your equipment and/or software interferes with the company’s operation, you are responsible for it. The company has the right to immediately terminate this agreement and any equipment or software causing interference shall be immediately disconnected from the service. In case any upgrade in or to the service requires changes in your equipment or software, these changes must be at your own expense. Any new or additional features that enhance the current service including the release of new products and services shall be subject to the terms and conditions of this Agreement unless explicitly stated otherwise.
(b) Contracts for our Service: COMPANY is offering its Service as individual downloads or as a bundle of credits for a defined number of individual downloads on a renewable subscription basis. Unless otherwise indicated , no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by COMPANY, but as an invitation for you to order. When COMPANY, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that COMPANY deems sufficient for your identification),the contract for the ongoing Subscription Service between you and COMPANY shall begin. Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g. by delivering a ringtone or an info news SMS) or by enabling you to download the product (e.g. by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on COMPANY website) or by providing access to the mobile entertainment content (e.g. by enabling MSISDN for this product). Depending on the type of the subscription contract,the subscription period is one week, two weeks or one month. Each week, every other week or each month as applicable, the subscription contract and the subscription period will be renewed and a new subscription fee shall become due for the new subscription period. According to Section 8 of these Terms, the subscription contract shall remain in effect until terminated and/or canceled by you or COMPANY. Contracts for the products and services of COMPANY and independent third parties which are made available through the Service shall begin when COMPANY or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. According to Section 8 of these Terms, the contract will remain in effect until terminated by you or Company.
The contract shall be deemed concluded at the time of the purchase of the product, If you purchased your COMPANY product in a store or directly from COMPANY or a third party.
(c) Responsibility for the Use of the Service.
You are solely responsible for the activities done under your account /password/subscription.
That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. In case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, you agree to notify COMPANY immediately and ensure that you log out of your account at the end of each session. COMPANY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
(d) Registration and Registration Data.
COMPANY may register you as a user and provide you with access to the Service by allocating you a personal username and password, on your request. Company reserves the right to change the usernames allocated to certain aspects of its services(you will be informed if this is necessary). ). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. You agree to: (a) provide correct, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete ,in exchange for your use of the Service (in addition to the payment of applicable fees). COMPANY 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), if COMPANY has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete. COMPANY shall temporarily withdraw the Service prior to any such withdrawl and notify you of the grounds on which the Service has been withdrawn. The withdrawl will be made permanent if the position has not been rectified within 14 working days of the notice.
(e) Access without Registration: COMPANY may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that COMPANY deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to COMPANY and used in accordance with Section 3.
(f) Assignment: The contract or any of your contractual rights may not be assigned or transferred by you in any other way. COMPANY shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS. Payments shall be valid only when made to the new service provider after a notice concerning the transfer of receivables.
(g) License to Download(s): You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
(h) Interruptions or Discontinuation of Service. In case of repair, maintainence, and/or upgrade work , COMPANY may suspend the Service. In such event, COMPANY shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible COMPANY reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. Company will notify you of this fact and reimburse any pre-paid fees if a service is or the Services are to be permanently discontinued by it.
(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, COMPANY shall indicate the products and services as third party content. Even though they may be co-branded with COMPANY and therefore include COMPANY'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY 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 THRID PARTIES.
3. Privacy
You acknowledge that COMPANY collects and processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site.Your personal information may be passed by us to your mobile phone service provider to secure collection of fees. We may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices for legal proceedings and the prevention of crimes. Personal information collected by COMPANY may be stored and processed in UK or any other country in which COMPANY or its agents maintain facilities.You consent to any such transfer of information outside of your country by using this service. Your personal information, financial and demographic information will be deleted no later than six months , after termination of your subscription. If required by law or contract, COMPANY may store your information beyond this date.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY COMPANY.
Except in jurisdictions where such provisions are restricted, You agree that COMPANY'S entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, COMPANY'S liability is limited to the extent permitted by law in such Country.
5. Indemnification
You agree to indemnify and hold COMPANY, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
6. 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 ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement and no title to the Company Intellectual Property Rights is transferred to you.Celebrity fun sounds are performed by impressionists. Any approval or endorsement of the celebrity involved or any broadcasting institution is not carried by them.
7. Charges
(a) Fees. You shall pay COMPANY for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. The charges can also be paid by using credits, with your credit card, by bank transfer or through your user account, where applicable. The different payment methods are specified during the order process for the product you chose. COMPANY may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
8. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered to the following address:
ADDRESS
MSols Ltd.
11 Parade House,
135, The Parade
High Street, Watford
Hertfordshire
WD17 1NA
Notices related to this contract shall be served by the COMPANY by posting them on the COMPANY web site or by sending them to the postal address or e-mail address you have given to COMPANY or as a text message to your mobile phone number.Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the COMPANY Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(b) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT AT ANY TIME THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. AFTER SUCH POSTING, ANY USE OF THE SERVICE SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
(c) Other terms, entire agreement. These TERMS are in addition to any COMPANY or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with COMPANY with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
(d) Severablity: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(e) Waiver: COMPANY's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement will have no effect on the interpretation or legal enforceability of the terms herin, they are used for convenience only.
(f) Headings: The section headings appearing in this Agreement 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.
(g) Survival: In the event this Agreement terminates as rovided herein, Sections 2(c)(h), 4, 5, 6 and 8 of these TERMS shall survive such expiration or termination.
(h) Governing Law and Jurisdiction: In accordance with the laws of the United Kingdom, this Agreement and your use of the Website and Service shall be governed. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in London, UK.
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