Game Subscription Service Rules and Regulations
These Terms and Conditions are applicable on all Services rendered and Products supplied by or on behalf of the Provider. Apart from these Terms and Conditions, publicized rules, promotional conditions, guidelines and provisions pertaining to the Services and Products may apply to You upon use of certain Services of the Operator. All those provisions will be considered to form an inextricable part of these Terms and Conditions. By making Use of the Services of the Provider and the services of the Operator, you agree to these Terms and Conditions and other applicable provisions.
The following definitions, either used in singular or plural form, have the following meaning:
1. User or You: the individual person (either or not acting on behalf of a company), who makes use of the Services;
2. Services: the services, amongst which a games in the form of a subscription service, rendered and to be rendered by the Provider via SMS and its Website, amongst which all new facilities that constitute any expansion, extension or improvement of the Services, including any extension to new functions added by the Operator;
3. Products: the products, supplied and to be supplied by the Provider either or not in connection with the Services;
4. Website: the website(s) of the Provider, in connection with the Services and/or the Products;
5. Advertising: advertisements published and commercials broadcasted by or on behalf of the Provider for the Services and/or Products;
6. Costs: the Costs, due by the User for the Services and/or the Products;
7. Confidential Information: all information relating to the Provider's Services and Products, its customers, operations, processes, plans, product information, know-how, trade secrets and business affairs obtained by You, in anyway whatsoever;
8. Intellectual Property Rights: any and all intellectual property rights, such as, but not limited to, copyrights, trademark rights, trade name rights, patent rights, design rights, whether registered or not, database rights, trade secrets, and any and all renewals and extensions thereof.
3. Own risk and compliance
The use of the Services is at your own risk. You shall comply with all national and international applicable regulations. Furthermore you shall comply with the instructions, given by the Provider or the Operator.
4. Term and termination
The provision of the Services starts immediately after the Provider has received a message from You, applying for the Services and last until Yourequest to stop the provision of the Services, by texting the word STOP to 2098 or an e-mail in which You request for cancellation or by calling the helpline: 21939712. The Services will be cancelled within 24 hours on business days, otherwise on Monday after the weekend or the first business day after a national holiday.
1. For the Services and Products, You are due the Costs as mentioned in the Advertisements for the specific Services and Products and on the Websites for the specific Services and Products.
2. After You have applied for the Services via SMS, the Provider will send You a free information message, in which message the following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.
3. If You apply for the Services via WEB, the Provider will provide You with all information on the website. If you enter the pin which You receive on your mobile on the website you complete sign-up and agree to the terms stated on this website. The following information will be provided:
- the Costs of the Services;
- an explanation how the cancel the Services;
- information about the helpline; and
- the website where you can find information as to the Services.
4. Except for the obligations, as set forth in these Terms and Conditions and other applicable agreements and regulations, You have no obligations, such as the obligation to purchase goods.
5. The Costs due, are in addition to the costs, charged by Your Operator for (amongst others) the SMS services. Separate wireless provider text message/WAP/GPRS/UMTS fees may apply.
6. Change and termination of the Services
The Provider can, at its sole discretion, decide to change the content of the Services. Furthermore, the Provider may terminate the provision of the Services and the supply of the Products, in the event the Provider is of the opinion that You do not act in accordance with the Terms and Conditions, any other agreement, entered into between You and the Provider, applicable laws and regulations or in the event the Provider is of the opinion that you act in such manner that the Provider might suffer damage.
7. Statutory withdrawal
In the event You make use of the right to withdraw within a certain prescribed period of time after You applied for the Services, this right will be lapsed as of the moment you make use of the Services and Costs are due.
8. Intellectual Property Rights
You acknowledge the Intellectual Property Rights of the Provider, its contracting partners and licensors and You shall not use, without the prior written consents, (parts of) these Intellectual Property Rights.
The Provider respects Your privacy. We see to it that Your personal information is always handled with care. Any data collected will be, under the Data Protection Act 1988, controlled by the Provider. Also the Provider reserves the right to send free of charge marketing messages for TMG or third party promotions purposes to customers who become subscribers.
10. Changes Terms and Conditions
These Terms and Conditions and all other agreements, entered into between You and the Provider, may be amended from time to time by the Provider. The applicability of amendments as to the Services and the Products, have effect as of the moment such amendments are posted by the Provider on its Website. We therefore advise You to look on a regular basis on the Website of the Provider.
11. Confidential Information
You shall keep secret and treat as confidential at any time all Confidential Information of the Provider, its contracting partners and licensors.
12. Change, Suspension and cancellation
From time to time, the Provider may suspend the Services for (amongst others) maintenance and upgrades, In the event of (the threat of) abuse and failures, the Provider may, at its own discretion, suspend or cancel the Services. Of such suspension or cancellation, the Provider will inform You via its Website.
TERMS AND CONDITIONS SPOT4FUN SERVICES
1. GENERAL INFORMATION
These General and Specific Terms and Conditions replace all previous agreements between you and Provider. If you use additional services, material or software from third parties, additional terms and conditions of these third parties may be applicable to you. These General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in these General and Specific Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. In the event any provision of these General and Specific Terms and Conditions 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 and Conditions 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.
The Services are provided by: see the Specific Terms and Conditions for your country.
The Provider has the right at all times to vary or supplement the General and Specific Terms and Conditions. Any material changes (such as changes to our fees or the nature of the Services) will be notified to you via a free text message. All other changes will either be posted on the app or on the website, as appropriate.
The Services are provided in Norway for the sole use of Norway residents.
The Services are provided to you by: Mamtic Innovations Limited, Strovolou, 77, STROVOLOS CENTRE, 2nd floor, Flat/Office 204, Strovolos, 2018, Nicosia, Cyprus
The applicable fees will be communicated to you through the Services and the Sites.
The applicable fees are: £4.80 per week, inclusive of VAT.
The fees for the Services will be charged via the telephone bill of your mobile network provider. Separate mobile network provider text message/WAP/GPRS/UMTS fees or download charges may apply.
4. ACCESS TO THE SERVICE, AVAILABILITY AND AGE
Users of the Services must be legal residents of Norway who (1) are at least 16 years old; and (2) have read and agreed on behalf of him/herself or the accountholder to be bound by these General and Specific Terms and the copyright and privacy policies.
5. DESCRIPTION OF THE SERVICES
The Provider grants access to a network of mobile content, including but not limited to news or information, applications, services, games, e-mail, chat services, amusement, horoscopes, ringtones, wallpapers, fun sounds, real tones and videos (‘Mobile Content’). The Services may also include access to the mobile content and services of independent third parties. Please see the Specific Terms and Conditions for the details of your Service.
The Provider’s liability for any losses incurred by the Buyer or by any third party as a result of any such suspension or discontinuation is limited to the amount of the fees the Buyer has paid to us for the applicable Service(s).
6. PAYMENT FOR THE SERVICES
In order to buy the Services, you must pay a fee in accordance with the Provider’s current rates via the telephone bill from your mobile network provider (if you have a monthly contract) or through a deduction from your credit (if you are using pay-as-you-go).
The applicable fees for each Service, including the payment frequency, are set out in the relevant Specific Terms and Conditions. All fees, including fees for existing subscriptions, are subject to change upon notice from the Provider. The Provider will provide you with reasonable notice of such changes. If you do not accept the new fees (which will never be applied retrospectively), you may cancel your contract with us with immediate effect.
In the event of invoicing by a third party (such as Payforit), the payment terms of that third party will apply.
7. CODE OF CONDUCT FOR THE USE OF THE SERVICES
You agree to use the Services in compliance with the following code of conduct:
1. You will keep all information provided to you via the Service private and confidential and will not disclose that information to anyone without the written permission of the Provider or the person that provided you with the information;
2. You will not use the Services to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, photographs or recordings which contain defamatory, libellous, crude, abusive or scandalous statements, or racist, pornographic, obscene or offensive language or images;
3. You will not use the Services to infringe the privacy rights, property rights or any other rights of the Provider or of any person;
4. You will not post messages, photographs or recordings or use the Services in a manner that infringes, plagiarises or breaches the rights of the Provider or of any third party, including but not limited to any copyright, or privacy or other personal or proprietary right or that is fraudulent or otherwise unlawful or that violates the law or public morality;
5. You will not use the Services to promote charities, advertising or goods or services;
6. You will not in any way post or pass on contact information through your publicly posted information, including but not limited to telephone numbers, postal addresses, e-mail addresses, websites or full names;
7. You will not reproduce, copy, sell, resell or use the Services, in whole or in part;
8. You will not use the Services for commercial purposes;
The Provider reserves the right, at its reasonable discretion, to suspend or terminate your subscription, and/or to terminate the relationship with you and/or to deny you the use of the Services or a part thereof, now or in the future, without owing you any compensation in that regard, for any breach of the above provisions.
8. OBLIGATION TO REGISTER FOR THE SERVICES
In order to ensure safe use of the Services as well as payment of the applicable fees, you guarantee that the personal information provided in the registration form (hereinafter referred to as ‘the Registered Information’) is correct and complete. If the Provider, at its reasonable discretion, believes that the Registered Information is not correct or is incomplete, the Provider has the right to suspend or cancel your subscription and/or to terminate the relationship with you and/or to deny you the use of the Services, or a part thereof, now or in the future, without owing you any compensation in that regard.
You are responsible for maintaining the confidentiality of any password and/or other information issued to you by the Provider and you are fully liable for all actions performed with the use of your password or this other information. You undertake to close your visit to the Sites at the end of each session (by closing your browser) and to contact the Provider if you observe or suspect unauthorised use of your password or account with the Provider, or that the security or protection of the Registered Information is no longer guaranteed for any other reason. The Provider may grant you access to certain Services without you being registered as a user, such as the sign-up page / link for the Services via your mobile telephone. In each of those cases, your identification is based on the identification method that we deem appropriate, such as confirming the number of your mobile telephone.
You agree to indemnify, defend and hold harmless the Provider and its holding companies, members, subsidiaries, affiliated companies, service providers, contractors, agents, representatives, licensors, managers, officers, directors, shareholders and employees in connection with any claim, lawsuit, action, demand or other proceeding filed by a third party caused by, as a result of or in connection with your (i) use of the Services, the Mobile Content, the Software and the Sites, including but not limited to your downloads from the Sites and/or Mobile Content, (ii) infringement of these General and Specific Terms and Conditions or (iii) breaches of any law, regulation or the rights of any third party. You shall pay any and all costs, damages and expenses, including but not limited to the reasonable legal fees incurred and the costs charged to or otherwise incurred by the Provider in connection with or arising from such a claim, lawsuit, action, demand or other proceeding.
11. USE, STORAGE, MONITORING AND DELETION OF INFORMATION
We reserve the right to monitor all advertising messages, text messages, public announcements and messages in order to ensure that these comply with the guidelines that apply at any particular time. Although we do not (and are not able to) review every message sent by the users of the Services and are not responsible for the content of those messages, we reserve the right, but are not required to delete or move content, including but not limited to profiles, public announcements and (text) messages that we, at our own discretion, regard as contrary to these General and Specific Terms and Conditions or other applicable guidelines, or as unacceptable in other ways. You shall remain solely responsible for the content of profiles, public announcements and (text) messages that you store via the Services, or send to the users of the Services. If you think that an advertising message, text message or a public announcement on the Sites breaches your copyright, please read the copyright policy. All text messages may be screened and content of an explicit pornographic character will be deleted. Users who conduct themselves inappropriately will be removed from the Sites. The Provider has the right to terminate/cancel subscriptions and/or accounts that have not been active for a considerable time. The Provider is not liable or responsible if information provided or sent via the Services is not saved or is removed in error.
The Provider offers users the possibility of discontinuing the Services via the STOP command. We provide you with information on this in theSpecific Terms and Conditions, on the web pages belonging to the Services, in the Services themselves and/or via our (SMS) messages. The free registration message from the Provider (if applicable) also contains information on how to cancel the Services. If the Services are provided via SMS, the Services can be cancelled by sending an SMS message with the word STOP as the text. You can send this message by replying to the abbreviated number (the short code) that you have used for access to the Services. For example, you can send the STOP message to the applicable short code and the cancellation will take effect immediately after the receipt of the termination request. For further details, see theSpecific Terms and Conditions. You can also send an e-mail to the address provided in the Specific Terms and Conditions or call the number, cited in the Specific Terms and Conditions. In that case, the cancellation will take effect within 48 hours after receipt of the request for termination. However, fees may still appear on your mobile telephone bill in the following month as mobile network providers invoice retrospectively.
The Provider may, at its reasonable discretion, suspend or terminate your subscription and/or delete or deactivate the Registered Information and/or destroy any messages and lists of files (or other information) at any time with immediate effect and without notice if we have reason to believe you are in serious breach of any of our terms. The Provider reserves the right to refuse access to any further Services.
Unless otherwise specified in the specific terms and conditions a right of withdrawal, a trial period or a cancellation period does not apply to the services.
14. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS
We may use advertisers and sponsors in order to reduce the costs of our Services for you. As a condition for the use of our Services, you agree that we may post advertising and other promotions on our Sites and/or in our Services and may send advertising and promotions via SMS or by other means in connection with our Services. You also agree not to attempt to block such advertising and promotions or to hinder it in any other way. The posting of advertising or promotions on our Sites does not constitute any endorsement by the Provider of such content, service product or company. We aim to ensure that the advertising and promotions are appropriate for our users. You have the right at all times to request us not to contact you via direct marketing (any longer). The Provider shall not be a party to, or in any way responsible for any transaction relating to products or services made available by the said third parties, or for the content or information provided in connection with third party products or services. You agree to the fact that the Provider is not liable for damages of any kind resulting from such transactions.
15. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You are aware and agree that the content and software used in connection with the Services, 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 Rights (as defined below), proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services, or in the promotion of the Services, 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 and Conditions.
"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.
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 and Conditions.
You may 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 Conditions 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 only use the interface provided by the Provider in order to access the Services. Provider herewith grants permission to make only one copy of the Information on the equipment you use for gaining access to the Services and to use and display the copy of the Registered Information made on that equipment for private purposes.
16. EXCLUSION OF LIABILITY / NO WARRANTY
17. LIMITATION OF LIABILITY
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