General Terms and Conditions
The following General Terms and Conditions are applicable to the products and services supplied via Short Messaging Services (hereinafter to be referred to as “SMS”), GPRS and 3G by Cellfie BV., or enterprises affiliated to it, (hereinafter to be referred to as “the Provider”). The Provider is permitted to amend these General Terms and Conditions from time to time without notice. Apart from the General Terms and Conditions, any applicable and publicized rules, promotional conditions, guidelines and provisions pertaining to the services also apply to you and the Provider upon the use of the Services (as defined herein) of the Provider. All those guidelines, rules, promotional conditions and provisions will be considered an inextricable part of these General Terms and Conditions. By availing yourself to use the Services of the Provider, you agree to be bound by these General Terms and Conditions and the guidelines, rules and promotional conditions.
DESCRIPTION OF THE PROVIDER
By means of SMS, GPRS and 3G services, the Provider supplies its user’s access to a network of on-line sources, including on-line games, text messages, rich content and on-line information material which may be downloaded onto mobile telephone or whatsoever devices (“Services”). The General Terms and Conditions are at all times applicable to all new facilities including facilities which the Provider may implement as part of the Provider’s expansion, extension or improvement of the present Services, including any extension to new functions added by the Provider.
The Service is supplied "as is" (at the stage of development it happens to be in) and the Provider accepts no liability nor does it issue any guarantees or warranty in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered. In order to subscribe to the Service, you are required to have access to the Internet and/or a mobile communications subscription and pay any service fees associated with such access. You are required to pay all expenses incurred in creating such access. You are also responsible for seeing to the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary needed and are in working order and suitable for use in connection with the Service.
You have access to our on-line services free of charge. With regards to the Services and the use of it, you shall pay the amount corresponding to the applicable rates of the Provider in force at that time and according to the rates charged by your mobile operator. The charges shall be invoiced to you via your mobile operator through the mobile bill you receive from the mobile operator of your network. You pay the Provider all national and local or other taxes, including but not restricted to VAT, any taxes or levies imposed in lieu thereof, which taxes are based on the costs due to the use of the Services, regardless of whether those taxes are levied either now or in the future by European, national or local authorities or by any other body or bodies authorized to levy taxes. The Provider reserves the right to change the rates for the Service by posting details of such changes on its website.
In order to warrant safe and secure use of the Service, you guarantee the following, in addition to paying the applicable charges: (a) your personal information (hereinafter to be referred to as the “Registered Information”) provided on the registration form is correct, true, accurate and complete and (b) you agree to ensure that the Registered Information is at all times correct, up to date, true, accurate and complete. If the Provider has a reasonable suspicion that the Registered Information does not reflect a true state of affairs, or is not accurate or complete, then the 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 yourself are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by the 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 the Provider if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection is no longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage arising from your failure to observe the stipulations of this article.
PROCESSING OF INFORMATION
You undertake to indemnify the Provider and its subsidiaries, affiliated enterprises, functionaries, representatives or other partners, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Service as a result of your connection with the Service, your use of the Service, or any violation committed by you of the General Terms and Conditions or rights of others.
PROHIBITION ON RESALE OF THE SERVICE
You undertake not to reproduce, copy, sell, resell or use the Service, or any part of it, or access to the Service for commercial purposes.
GENERAL RULES REGARDING USE AND SAVING OF INFORMATION
Regarding the use of the Service you agree to the general rules, rules of play, promotional conditions and restrictions established by the Provider. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend these general rules, rules of play, promotional conditions and restrictions. The Provider is entitled to annul accounts that have remained inactive for considerable periods of time. You agree with the arrangement whereby the Provider bears no responsibility or liability to you in the event that information sent or provided by means of the Service is not saved or is deleted in error.
ALTERATIONS TO THE SERVICE
The Provider may at any time alter or terminate the Service, or any part of it, either temporarily or permanently. You agree that the Provider is not liable to any third party or you as a user in the event that the Service is altered, terminated or suspended.
You agree that the Provider may at its own discretion and regardless of the reasons for doing so, terminate use of the Service, destroy and remove the content and information within the Service if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained in it without delay, and/or deny you all further access to the Service. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Service without issuing prior notice.
TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS
Any dealings performed between you and sponsors and/or advertisers, or any participation in promotions by sponsors and/or advertisers that have been located on the Service, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and the sponsor and/or advertiser. You agree that the Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Service.
OWNERSHIP RIGHTS OF THE PROVIDER
You are aware and agree that the Service and software used in connection with the Service, (hereinafter to be referred to as the “Software”), contain confidential information which belongs to the Provider is protected by valid and applicable intellectual and industrial ownership rights legislation and other legislation. You are also aware and agree that copyright, trademarks, service marks, patents or other ownership rights and laws are applicable to Information published in sponsors' advertisements or information offered to you via the Service. You undertake, either partially or wholly, not to amend, rent, rent out, borrow, lend, sell, distribute or create products derived from the Service or the Software except in the event that the Provider has given you explicit written permission to do so. The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission to use the working code of its Software, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find a source code (or permit third parties to do so) (except if and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect), and you agree not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software to any person or entity. You undertake not to alter the Software in any way whatever or to use any altered versions of the Software for the purpose of gaining unauthorized access to the Service or for any other reason. In gaining access to the Service, you undertake only to make use of the interface supplied for that purpose by the Provider. The Provider hereby grants you permission to make one copy only of the Information on the equipment you use for gaining access to the Service, and to use and display the copy of the Information made on that equipment for private purposes.
YOU EXPRESSLY AGREE THAT: a) THE PROVIDER DOES NOT IMPLICIT OR EXPLICIT PROVIDE ANY GUARANTEES OR WARRANTY OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT WARRANT THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THE MATERIAL;
d) NO GUARANTEE, WARRANTY, REPRESENTATION THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICE
LIMITATION OF LIABILITY
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES INCLUDING FOR LOSS OF BUSINESS CONTRACTS, PROFITS, GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR ARISING FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICE. YOU SHALL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
You agree that without prior permission from the Provider, you will not use or display in any manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or logos used in connection with the Service.
These General Terms and Conditions take the place of all previous agreements between you and the Provider. If you use any additional service, material or software from third parties, additional General Terms and Conditions may be applicable to you. European law is applicable to the relationship between you and the Provider, regardless of any provisions of applicable international law. Disputes will be submitted to your national competent court. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the court must attempt to satisfy the wishes of the parties reflected by that stipulation, while the other stipulations of the General Terms and Conditions remain unimpaired.
The Provider will start the subscription service once the user has given permission to do so. You give the Provider permission if you text the keyword "APP" to the short code "146079000". You will then receive a confirmation message confirming your subscription status and the service starts. Providers contact information will be provided to you, so that you may stop the service at any time.
The Provider gives you the possibility of interrupting the flow of information received via SMS. Information received via SMS can be interrupted by sending an SMS message with the keyword "STOP", or "STOP APP", or "STOP ALL". You can send this message to the short code "146079000" to stop the the subscription.
SECURITY AND PROTECTION
The infrastructure and programmes are constructed and protected in such a way that it can be reasonably assumed that unauthorized persons cannot gain access to any information about users. Please refer to our General Terms and Conditions regarding liability of the Provider. Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement between you and Provider, and to allow you the best possible use of the Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional services offered by the Provider;
- may process the information in connection with the formation or maintenance of a direct relationship between the Provider and/or enterprises selected by it and you for the purpose of recruitment for commercial or charity. The Provider may anonymize that information and use it or offer it to third parties in anonymous form.
Your acceptance of this policy