| Within these Terms and Conditions the words:
| "you/your" | means you, the user; | | "Services" | means the website operated by us, www.jippii.co.uk, and through which you may access services and utilise the content, search facilities, directory services, personal web space, email, newsgroups, text messages and other messaging services and other services provided by us or on our behalf; | | "sms.at" | means sms.at mobile internet services gmbh | | "Contact Details" | means your name, address (whether at work or at home), e-mail address and telephone numbers (whether mobile, work or home) which you have provided to us; | | "User Information" | means the Contact Details and other personal information including any later amendments or corrections made by you or when participating in competitions or by use of the Services; | | "Users" | means the users of the Services collectively; | | "Cookies" | means standard web tracking devices as described in clause 10 of the Privacy Policy (see below). |
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| | 1.1 We respect your personal information and undertake to comply with all applicable data protection legislation from time to time in force. In agreeing to accept these Terms and Conditions you also acknowledge, accept and agree to our use of your User Information as detailed in our Privacy Policy (see below) unless you have expressly informed us otherwise by emailing us at this address.
1.2 You should be aware that:.
| (a) | We may wish to send you further offers or information by mailshot, text messages, email or telephone. We may want to pass your contact details to carefully selected companies both within and outside the European Economic Area who may want to send you offers and information which may be of interest to you. If you wish not to receive these, please email us at the email address above. | | (b) | If we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your User Information provided on registration of the Services and/or information concerning your activities whilst using the Services, we shall do so without first notifying you. Similarly, we will disclose your User Information and/or details of your use of the Services if we are compelled to do so by law without first notifying you; | | (c) | We reserve the right in our reasonable discretion and without prior notice to you to disclose details of your use of the Services to a person who makes a complaint or allegation in connection with your use, or the use of anyone under your control of the Services whether in connection with the matters set out in Clause 4 of these Terms and Conditions or otherwise. We reserve the right to disclose your Contact Details and details of your use of the Services in such circumstances whether or not we are named as a party or a witness in any threatened or pending legal proceedings. |
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| | | 2.1 | The Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Services, including but not limited to, implied warranties or conditions of completeness, accuracy or currency | | 2.2 | To the fullest extent permitted by law we make no warranty that we or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free. | | 2.3 | To the fullest extent permitted by law we give no warranty as to results or the accuracy of any information obtained through the Services. | | 2.4 | To the fullest extent permitted by law we make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into or through it. | | 2.5 | You should not act upon advice which needs individual interpretation without first consulting a suitably qualified practitioner. | | 2.6 | You use the Services entirely at your own risk. We (including all group company's, our and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Services (whether under this licence or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence). This does not affect your statutory rights.
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| | | | | 3.1 | Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law. | | 3.2 | You acknowledge that we may not have control over the information which can be accessed by you using the Services and that we do not know or examine the use to which you or other Users put the Services or the nature of the information you or other Users are sending or uploading. Subject to Clause 3.1 above, we therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you. | | 3.3 | Subject to Clause 3.1 above: | | | | (a) | We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other User or person on any website you establish using the Services; and | | (b) | We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Services or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been notified by you of the possibility of such loss or damage). |
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| | | 4.1 | You warrant that: | | | | (a) | you are 16 or over if you wish to download mobile content; and | | (b) | you are the bill-payer or have the bill-payer's permission; and | | (c) | the User Information which you are required to provide when you register as a User is true, accurate, current and complete in all respects; and | | (d) | you agree to notify us immediately of any changes to the User Information by updating your profile or emailing us at this address. |
| | 4.2 | You are responsible for obtaining all necessary consents and permissions to use this website and access the Services offered and agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. | | 4.3 | You must choose a username and password. You are then entirely responsible for maintaining the confidentiality of your username, password and account and are fully responsible for all activities, which occur under them during your use of them. Other Users of your username and password shall be bound by these Terms and Conditions as if they were you. You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security of which you become aware. | | 4.4 | Subject to Clause 12 below, we reserve the right to terminate your account (including User name and password) and to re-use any e-mail or other communication address issued to you by us. | | 4.5 | | (a) | are responsible for procuring the necessary equipment to access and use the Services; | | (b) | are responsible for any content you transfer through the Services (including, but not limited to, email, web pages, newsgroups or chat Services; | | (c) | will use the Services only in accordance with all relevant laws and not for any illegal purpose; | | (d) | must not use the Services to distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties; | | (e) | must not use the Services to transmit or post any material which is unlawful, harassing, libellous, invasive of privacy, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. The prank attack or any joke services provided are strictly intended as a service that should be used as entertainment only. Please ensure that anyone that you send these to are friends and will not be offended or suffer undue alarm; | | (f) | must not use the Services such that you cause the whole or part of the Services to be interrupted, damaged, rendered less efficient or to in any way impair effectiveness or functionality of the Services; | | (g) | must not use the Services in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality); | | (h) | must not use the Services to attempt any unauthorised access to any part or component of the Services or that of any third party; | | (i) | in the event that you have any right, claim or action against any User arising out of the use of the Services, then you will pursue such right, claim or action independently of and without recourse to us; | | | - sending unsolicited junk-mail or bulk email or spamming or commercial or non-commercial purposes;
- sending chain letters or pyramid-selling schemes;
- sending mail bombs (i.e. sending either many emails or very large emails with the intention of annoying the recipient or to cause the systems of an internet service provider to fail on receipt of such emails);
- altering or damaging the Services or our systems or those of related parties, or blocking our or their access to the Internet;
- forging or blocking headers and/or addresses or any other action the purpose of which is to hide your true identity or discredit a third party;
- subscribing third parties to subscription based or other email lists unless you have express permission to do so;
- posting binaries (i.e. data such as images, sound clips, etc.) to newsgroups except those specifically created for binary postings; and
- the collection of User/third party emails for the purposes of third party supply, database collation or direct marketing.
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| | 4.6 | The Services are intended to appeal to a wide range of audience and as such not all of the Services are suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's use of the Services. Parents or guardians of children shall be responsible for the actions of any such children. | | 4.7 | You acknowledge and accept that you only have a personal non-exclusive non-transferrable licence to use and access the materials on the Service to search, view, copy and print out materials for your own use only according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from us. Without prejudice to any of the remedies or recourses sms.at may have for the unauthorised assignment, transfer or use of the Service, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to sms.at. You shall report any violations of these Terms and Conditions to the email address above. | | 4.8 | You understand that we may provide extra services or attributes to the Services that are subject to charge.
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| | | You agree to indemnify us and our and their officers, directors and employees in full and immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) of sms.at and/or the Services. |
| | | 6.1 | | (a) | charge for error messages sent by us to you as a result of any incorrect or incomplete details sent to us by you which prevents us from delivering the requested Service to you and for which we have to notify you of such non-delivery. Therefore you are advised to follow the instructions carefully; | | (b) | deny access to all or any part of the Services if the telephone calling line identification is blocked from the telephone line which you use to access the Services; | | (c) | close access to any features of the Services if your use of that feature is deemed excessive (i.e. leaving large volumes of email on the central servers) and against the interests of other Users of the Services; | | (d) | modify or discontinue, temporarily or permanently the Services with or without notice to you; | | (e) | suspend or deny access to all or any part of any e-mail or other communication address issued to you by us, web space or home page at any time without notice if we believe or receive a complaint or are made aware of a complaint related to the content or use thereof; | | (f) | reject your request for any personalisation of a mobile handset whether in whole or in part if such personalisation breaches or if We suspect such personalisation breaches any third party intellectual property rights. |
| | 6.2 | You confirm that we shall not be liable to you or any third party for any modification to or discontinuance of the Services. | | 6.3 | We may change these Terms and Conditions and the Privacy Policy from time to time. We will endeavour to notify you of any changes either by email or in a notice on our website. Your continued use of any of the Services thereafter, will constitute acceptance of such changes. We reserve the right to terminate immediately without further notice your access to and use of the Services, if you do not accept any such changes.
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| | | | Your correspondence with, or participation in promotions of, advertisers or merchants found on or via the Services, including payment for and delivery of related goods, services and any other terms and conditions, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred whether directly or indirectly as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Services. |
| | | 8.1 | Competitions are open to residents of the UK and Eire only and all entries must be made in the English language. | | 8.2 | Anyone working for us or any family members or associates are prohibited from entering any competitions and also any company or any professional and/or commercial entry are similarly prohibited from entering. | | 8.3 | No cash alternative is available to any prize unless expressly stated otherwise | | 8.4 | The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries. | | 8.5 | Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition. | | 8.6 | The editors and/or judges decision will be final. We will not enter into correspondence. | | 8.7 | All entrants' information is private and will be used only in accordance with our Privacy Policy (see below). | | 8.8 | Multiple winners may be subject to tie-break to decide an outright winner | | 8.9 | Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification | | 8.10 | Winners under 18 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age or prove ownership on authorised use of phone. | | 8.11 | Prize is non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-drawn/next highest score etc. | | 8.12 | We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries. | | 8.13 | If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and there are no refunds for abortive games. Your statutory rights are unaffected. | | 8.14 | Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and city of origin. Entrants agree that we are the owner of the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. | | 8.15 | Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright and patents act and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein. |
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| | | We may provide or you may include in email links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources. |
| | | You shall be responsible for keeping your own copies of all content published by you in connection with the Services. We will not be responsible for any file recovery or for files lost or otherwise deleted or removed by you. |
| | | 11.1 | You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented to you through the Services or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to us and is vested in us or our licensors. | | 11.2 | The material and content contained within the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to sms.at or any third party proprietary rights and intellectual property except as provided for on the website or expressly authorised in writing by sms.at. All rights are reserved. | | 11.3 | All copies or print out of this website must include the copyright notice "sms.at 2003". | | 11.4 | If you become aware of any such distribution or commercial exploitation you will let sms.at know immediately | | 11.5 | We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us at this address so we can remove the offending material or rectify the situation as soon as possible. | | | |
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| | 12.1 You agree that we may terminate your account (including your username and password) and delete or re-use any e-mail or other communication address issued to you by us and delete all emails, web space and other data stored on the Services by you or on your behalf if:
| (a) | We believe that you have breached these Terms and Conditions or acted inconsistently with the spirit of them. | | (b) | You fail to use the Services or any part of the Services at least once during a consecutive 90 day period. | | (c) | You acknowledge that we do not have to give you prior notice of any such termination. |
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| | | 13.1 | Although sms.at offers services available for a number of GSM mobile phones; ringtones and graphics are still only available on select mobiles. This is an issue with the handset manufacturers, hence out of sms.at's control. You must obtain confirmation from your mobile service provider and/or mobile phone company that your mobile phone is compatible and able to receive our products before downloading any material and/or information from the Services. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile phone or loss of data resulting from any such incompatibility. | | 13.2 | Your sms.at transaction is charged at the rate posted on the site. If the handset is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the handset. Although sms.at endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of items for download. A list of compatible mobile handsets is available on this website. It is important that you check this list before attempting to download any content. |
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| | | Any notice which we are required to give to you regarding the Services shall be made via either email or regular mail, to the address provided by you in your User Information or the last update thereof provided by you in your User Information or the last update thereof provided by you. We shall not be liable for any failure to deliver any notice to you where we have complied with this clause. |
| | | Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. |
| | | No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. |
| | | These Terms and Conditions constitute the entire agreement between you and us and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on notice to you in accordance with Clause 14 (Notices) above. |
| | | Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and us. |
| | | The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect. |
| | | 20.1 | sms.at from its office in Austria controls this website (the "Territory"). By accessing this website, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in the Territory in accordance with Austrian law (except any principle of conflict of laws inconsistent with this requirement). | | 20.2 | This website may be accessed throughout the Territory and overseas. Sms.at makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the Territory. If you access this website from outside of the Territory, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located. |
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| | | © 01.10.2006 www.jippii.co.uk. All rights reserved |
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