Original documents

GENERAL TERMS AND CONDITIONS 10 NOVEMBER 2006

The following General Terms and Conditions (hereinafter referred to as "General Terms") and the Specific Terms and Conditions (hereinafter referred to as "Specific Terms"), hereinafter together referred to as "General and Specific 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. PLEASE SEE THE SPECIFIC TERMS AND CONDITIONS THAT APPLY FOR YOUR COUNTRY HERE. 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 (Uniform 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, ring tones, 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 described in the Specific Terms 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. When you sign-up for and/or use the Service you acknowledge and confirm that you have read and accepted the General and Specific Terms and that you comply with the terms that apply in your situation, as specified above. 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 Schedule "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 age as described in the Specific Terms, living in and with a postal address in the country, as described in the Specific Terms. 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. See for more details the Specific Terms, the landing page of the Site and/or click the flag for your country. 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, as described in the Specific Terms, 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. 'Blinck' is a trademark of Provider. 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.

PRIVACY POLICY 10 NOVEMBER 2006

This website and wapsite (the "Sites") are owned and operated by Provider ("we," "our" or "us"). By using the Sites and the Service (defined below), you agree to the collection and use of your information by us in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, then do not use the services supplied via the internet, the Sites or Providers online and mobile entertainment and information short messaging services (the "Service"). This Privacy Policy is applicable to use of the Sites and the Service, including but not limited to, all new facilities constituting any expansion or improvement of the Service, such as the release of new functions.

Changes to the Privacy Policy

We reserve the right to change the terms of this Privacy Policy. Since any changes will be posted on this page, we encourage you to check this page regularly. Your continued use of the Service following any changes to this Privacy Policy will constitute your acceptance of such changes.

Information We Collect

We collect and process "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number, e-mail address, MSISDN (mobile station integrated services digital network number), "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 the date regarding the start and end and the extent of your usage of the Service, the type of browser you are using, web browsing patterns and IP address), in connection with the Service. We may pass on your personal information, financial information and or demographic and usage information ("the Information"), to your carrier 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. The Information will be deleted no later than six months after termination of your subscription. Provider may store the Information beyond this date if that is required by law or contract.

How We Use Your Information

Provider supplies you with an extensive collection of online and mobile entertainment and informational content via the Service. We will use your personally identifiable information to deliver the Service and for customer service. Your personally identifiable information is used by us to respond to your requests, process your transactions for the Service, and send you information about Service benefits, improvements and promotions via text messaging. Unless you tell us not to, we may use your personally identifiable information to contact you about programs, products, features or services in which we believe you may be interested (such as future promotional materials), or for other purposes disclosed from time to time. We also may use your personally identifiable information to contact you regarding your use of the Sites and/or Services or changes to our Privacy Policy, General Terms and Conditions, Specific Terms and Conditions, or other policies or terms that affect you and your use of our Sites and/or Services. In addition, we may use information collected about you to improve the content and navigation of our Sites, or for other internal purposes.

In addition to our service providers and third party contractors specified herein, we may also share your personally identifiable information with other third party marketers and business partners who may contact you regarding their products and services and who may want to offer you opportunities to purchase products or services that we believe may be of interest to you. SOME JURISDICTIONS DO NOT ALLOW US TO SEND TEXT MESSAGES ADVERTISEMENTS WITHOUT YOUR EXPRESS CONSENT, SO THE FOREGOING MAY NOT APPLY TO YOU.
If you would like to opt-out of our sharing your personal information with those third party marketers and business partners for marketing purposes, indicate that we may not do so at the point where you give us such personal information. If you change your mind later, you can send an e-mail to the address as communicated to you on the Sites and/or through our Services. Also, the telephone number, which number you can find in the Specific Terms, can be called and we will no longer share your personal information with these third parties. Please note that deletions of your personal information or changes in your preferences may not be effective immediately and will be effective for the purpose of managing future communications only.

We use non-personally identifiable information for internal purposes and to help us administer the Service and interact with visitors to the Sites. We may also share non-personally identifiable information in the aggregate form with third parties to illustrate trends and patterns. We may also use non-personally identifiable information to personalize and customize the content of the Service for you and send you targeted ads based on keyword searches. We may also combine the information we collect with third parties or publicly available information.
When you sign up for the Service or use other features of the Service, we collect your mobile telephone number and the identity of your mobile telephone service provider. Charges for the Service will be billed directly to your mobile telephone service account. By purchasing the Service, you consent to our providing your mobile telephone number to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the carriers used to process the transaction.

We may use third party contractors to help us operate our business, the Service and administer activities on our behalf, such as authorization of mobile telephone bill transactions, and may share your information with these contractors for those limited purposes.

If Provider is sold to, or merges with, another company, or declares bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets or bankruptcy event. We may also disclose your information when we determine it is necessary to comply with applicable laws or protect the interests or safety of Provider or users of the Service.

Cookies

To enhance your experience with our website, we may use cookies on the website. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Site(s). However, once you become a customer and furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand Site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience at our web- or wappages (e.g., to recognize you when you return to our Site). You may adjust your browser to reject cookies from us or from any other web- or wapsite. Please consult the Help section of your browser for more information. However, certain areas of our Sites can be accessed only in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

Adults Only

Neither the Service nor the Sites are intended for use by children. We will not knowingly collect any personally identifiable information submitted by users who have not reached the age as described in the Specific Terms.

Links

The Sites may contain links to other web- or wapsites. Provider does not control such other web- and wapsites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained on such sites. Provider shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked sites, including the content therein, is solely at your own risk.

Security

Protecting your information is important to us. We use the industry standard technology to protect the security of your information. Unfortunately, no data transmission over the Internet and via mobile communications networks can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information you transmit to or through us.

Accessing Your Information

Provider gives you the opportunity to review and remove personal information that you have provided to us or change your preferences. You can send an e-mail to the address that you can find on the Sites and/or through our Services or you can call us at the telephone number, which you can find in the Specific Terms and state whether you want your information removed from our database, if you want to opt-out of communications from us or if you want to opt-out of communications from third party marketers or business partners. Deleting your information or otherwise opting-out of receipt of communications from Provider or third parties will delete the data only in our database for purposes of managing future communications from Provider and third parties. These deletions will not delete information already collected that may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties that may contact you directly to delete your personal information that they may be using to contact you.

Contact Us

Please contact us with any questions or comments regarding our privacy policy. This Privacy Policy was updated in November 2006.

COPYRIGHT POLICY 10 NOVEMBER 2006

Provider ("we", "us", "our") respects the intellectual property rights of others, and we ask our users to do the same. Provider may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others as described more fully in the General and Specific Terms.

We reserve the right to change the terms of this Copyright Policy. Since any changes will be posted on this page, we encourage you to check this page regularly. Your continued use of the Service following any changes to this Copyright Policy will constitute your acceptance of such changes.

If you believe that your work has been copied, framed or otherwise displayed on this website or the wapsite (the “Sites”) in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Provider’s agent (“Copyright Agent”) for notice of claims of copyright or other intellectual property infringement the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim infringes on the intellectual property and the location of such material;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Provider’s Copyright Agent can be reached by e-mail, which address you can find on the Sites and/or through our Services and by phone, which number you can find in the Specific Terms. In addition the Copyright Agent can be reached on Provider’s address, as described in the Specific Terms.

If Provider receives such a notification, Provider reserves the right to refuse or delete the allegedly infringing content. After receiving a notice of infringement that complies or substantially complies with the applicable Copyright Legislation of your country, Provider will act expeditiously to remove or disable access to any content claimed to be infringing or claimed to be the subject of infringing activity. Provider will take reasonable steps to expeditiously notify the user that created or posted the relevant content that it has removed or disabled access thereto.

Any user whose content has been removed or disabled in accordance with this policy may provide Provider with a counter notification under the Copyright Legislation. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:

1. the user’s electronic or physical signature;
2. identification of the content that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL (Uniform Resource Locator);
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. the user’s name, address and telephone number, and a statement that the user consent to the jurisdiction of the arbitration association in your country and that you will accept service of process from the person who provided the initial notification of infringement.

Upon receipt of a proper counter-notification under the Copyright Legislation, Provider will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed content or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Provider will replace the removed content and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless Provider’s designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on the Sites or Provider’s server.