PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE SIGNING UP FOR OUR SERVICE (DEFINED BELOW). BEFORE YOU PARTICIPATE IN OUR SERVICE, YOU MUST EXPLICITLY ACCEPT THE TERMS AND CONDITIONS.
The following TERMS, constitute a legal agreement and are applicable to the content and Services supplied via Short Messaging Service (‘SMS service’) as well as to the services supplied via the internet, this website and/or via other means of mobile content delivery by the Provider, Moffy International Limited, and its subsidiaries or associates (‘Provider’, ‘we’, ‘us’, ‘our’), unless otherwise agreed in writing. Both uses of the SMS service and of the internet (including the use of the website) are collectively referred to as the ‘Service’ or ‘Services’. Provider is permitted to amend these TERMS at any time. Therefore, read these pages regularly. These TERMS also incorporate and include Provider's Privacy Policy and Copyright Policy that you can find on our website. You and/or the bill payer accept that they have been given an opportunity to read and accept the TERMS and Terms of Service (‘TOS’) before using the website and Service. Acceptance of the SMS content and services and use of the website constitute acceptance of these TERMS and TOS, The Copyright Policy, and The Privacy Policy. If you do not agree, do not use the content, the website and the Services.
By means of the Services, Provider supplies its users access to a network of on-line and wireless applications, including, but not limited to java applications, games, ring tones, wallpapers, themes, fun sounds, real tones and videos (depending on your country). The TERMS are also applicable to any expansion or improvement of the present Services and website. The Service and website 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.
In order to use the Service you
(1) must at least have reached the age of 18 years old 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 TERMS and TOS.
When you sign-up for and/or use the Service you acknowledge and confirm that you have read and accepted the TERMS and TOS 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. Most importantly, 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 service fees associated with any such access to your carrier. 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.
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 TOS you will find information about the fees to be paid to Provider and the frequency of the Service. Provider reserves the right to change all fees, including fees for existing subscription contracts. Please check TOS frequently for latest information. 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.
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. Provider, at its sole discretion, reserves the right to terminate or suspend your use of the Service for any violation of these prohibitions.
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 provided on the registration form is correct and complete. If Provider, in its sole discretion, believes that the personal 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 personal information is no longer guaranteed for any other reason.
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 TERMS and TOS of Provider. You acknowledge that Provider may collect and process ‘personal information’, and/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 and website, you consent to any such transfer of Information outside of your country. By using the Service and website of the Provider you agree to the Privacy Policy, Copyright Policy, the TERMS and the TOS. If you cannot agree to this, then please do not use our Service. We reserve the right to amend, extend or limit the Privacy Policy and Copyright Policy, the TERMS and TOS at any time. Unless explicitly determined otherwise, the General and Specific Terms, the Copyright Policy and the Privacy Policy to all existing and new applications with which the current Service is extended or improved. Therefore, read these pages regularly.
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 TERMS or TOS 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.
Provider allows the subscribers to terminate the service at all time by sending keyword to dedicated shortcode. The termination shall become effective immediately upon receipt of termination request. You can find more in detailed termination instruction on TOS. 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.
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.
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. 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 except in the event that Provider has given you explicit written permission to do so. 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.
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 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.
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.
These TERMS replace all previous agreements between you and Provider. If you use additional services, material or software from third parties, additional 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 TERMS. Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in these TERMS 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 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.