TERMS & CONDITIONS of the Appmania Service
REGULATIONS OF SERVICES Appmania Terms & Conditions This is a gaming and utility entertainment subscription service provided by Megumo Ltd. The first 24hrs are free, after the free period you will be charged £2.99 every week and your subscription will be renewed automatically. These charges will be due from your pre-pay balance 24 hours after the start of your subscription and weekly thereafter or added to your monthly mobile bill for this phone. You can un-subscribe from the service by sending STOP APPMANIA to 80206. Operator data charges may apply as per your plan. By signing up for and/or using the service you acknowledge and confirm that you have read the Terms & Conditions and Privacy Policy, that you are a resident of the United Kingdom, you are 18 years or older and are the mobile account holder or you have consent from the mobile account holder. By subscribing to this service or content you agree that we may request your telephone number or unique identifier from your mobile network operator for the purposes of applying the charge(s) to your mobile phone account or providing customer support services relating to this product or service. By subscribing or purchasing you given consent to your data being transferred outside of the European Economic Area for the purposes of providing you with the services or content and providing customer support. If you cancel the subscription within 14 days of the date of subscription you are entitled to a refund of sums paid pursuant to s.37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Help desk email: info.uk@megumo.com . Help contact number: 02033227262 I. ABOUT THE SERVICE and CONTENT PROVIDER By means of the Services, Provider supplies its users access to a library with a selection of games and utility apps for Android phones. The Service may also include access to content and Services of independent third parties. The General 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. II. ACCESS TO THE CONTENT/SERVICE, AVAILABILITY AND RESTRICTIONS; USER RESPONSIBILITIES In order to use and avail of the Service you (1) must be at least 18 years of age and authorized 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 and abide by these General Terms. When you sign-up for and/or use the Service you acknowledge and confirm that you have read and accepted the General 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 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 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, therefore it is out of the control of Provider. If your mobile handset is not capable of playing video files, then we discourage you to avail of the service to avoid any disappointment. In addition, you must have a mobile communications subscription with a mobile carrier or have access to a mobile communications network for which provider makes the service available as well as any carrier service needed to download the contents and pay any service fees associated with any such access. You must have a working internet connection on your mobile phone (WAP or GPRS). For other instructions, please check your carrier’s website. You are solely responsible for making sure that you have the devices needed to affect the connection, including a mobile telephone or any other devices that may be necessary. You are also responsible for ensuring that your equipment and/or software do not interfere with Provider's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider has the right to immediately terminate the Service. If any upgrade in or to the Service requires changes in your device or software, you must apply these changes at your own expense. Access to the Service can be provided by delivering to you content of the category you subscribed to (e.g. by delivering a video) or by enabling you to download the content (e.g. by sending a link or a PIN code for download of the content on our owned Sites or by providing access to the content (e.g. by allowing the mobile number for the content). The fees shall become due regardless 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. III. CHARGES For the service you must be registered as an account holder and charges of the service will be billed on your wireless phone bill or charged from your balance. Separate wireless provider text message fees apply. There will be a free welcome message from Provider and you will find information about the fees to be paid to Provider and the frequency of the Service. All other fees, including fees for existing subscription contracts, are subject to change upon notice from Provider with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a future basis only), you may cancel your subscription or your account effective immediately upon termination. In cases 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 (not including 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. IV. REGISTRATION AND CORRESPONDING OBLIGATIONS In order to guarantee safe and legal use of the Service, as well as settlement 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 upon registration is correct and complete. If Provider, in its sole discretion, believes that the Registered Information is incomplete or not accurate, Provider in its full discretion can suspend your account and to prevent both current and future use of the Service, or any component of it. You are responsible for maintaining the confidentiality of passwords and/or accounts issued to you by Provider, and you are fully responsible for all actions carried out involving the use of your password or account. You must at the end of each session 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 your account is believed to be compromised for any other reason. Provider may provide you with access to some Services without you registering as a user, an example would be to sign-up via your mobile phone for the service. In this 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 for future reference. V. PRIVACY POLICY AND DATA PROCESSING Provider gives the highest importance to the privacy of its users. We have provided a separate Privacy Policy which is a fundamental part of the General Terms and Additional Provisions of Provider. You acknowledge and confirm that Provider may collect and process "personal data", "financial information" or "demographic and usage data" ("the Information",) in connection with the Service. We may pass on the Information to your carrier and/or gateway service provider to secure gathering of fees and such Information collected by Provider may be stored and processed in the country in which Provider or its partners maintain facilities. By using the Service, you consent to any such handover of Information outside of your country. By using the Service of the Provider you agree to this Privacy Policy and the General Terms. If you do not agree to this, then we discourage you to use our Service. We reserve the right to revise, extend or limit this Privacy Policy, the General Terms at any time. Unless explicitly defined otherwise, the General Terms and the Privacy Policy apply to all existing and new applications in which the current Service is extended or improved. Therefore, please read these terms regularly. VI. INDEMNIFICATION You confirm and agree to indemnify, defend and hold harmless Provider and its affiliates, service providers, shareholders, contractors, agents, parents, members, subsidiaries, licensors, officers, directors, and employees from and against any and all claims, actions, demands, lawsuits, 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 and Sites, including without limitation, your downloads from the Site, (ii) violation of these General Terms or (iii) violation of any law, regulation or third party rights. You shall pay all costs, expenses, damages and including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise sustained by Provider in connection with any such claim, lawsuit, action, demand or other proceeding. VII. STORAGE, USE, MONITORING AND DELETION OF INFORMATION We reserve the right to monitor all text messages, advertisements, public postings and messages to guarantee that they conform to the content guidelines which are applicable from time to time. 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 remove or move content including without limitation profiles, public postings and (text) messages, that we, in our sole discretion, deem to violate these General Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain 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. All text messages are screened and explicit adult content will be removed, unless otherwise stated. Users with inappropriate behaviour will be banned from participating. Provider is entitled to delete accounts which have not been active for a certain period of time. You agree and confirm that Provider is not responsible or liable if data delivered or sent by or through the Service is not saved or erroneously deleted. VIII. CODE OF CONDUCT You agree to use the Service according to the following Code of Conduct: a. you will not use the Service as a 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; b. you will keep all information provided to you through the Service as confidential and will not give or pass on such information to anyone without the permission of Provider or the person who provided it to you; 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 recordings or messages or pictures or use the Service in any way which plagiarizes, violates, or infringes upon the rights of Provider or any third party, including but not limited to any privacy or copyright or other personal or proprietary rights, or unlawful or violates any law or is fraudulent or otherwise; e. you will not use the Service to promote any advertising or solicitation for goods or services or solicitation for funds; f. you will not copy, reproduce, sell, resell or use the Service, in whole or in part; and g. you will not use the Service for commercial purposes; h. 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; 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 suspend your use of the Service for any breach and/or violation of these prohibitions. IX. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS In promoting the Service, we may use promoters and advertisers to aid in compensating the costs of our Services. As part of using these Services, you confirm and agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions by the service or in connection with our Services. You also confirm that you will not attempt to prohibit or block or otherwise interfere with such advertisements or promotions. Some territories do not allow us to send text messages with advertisements without your consent, so the foregoing may not apply to you. We are not to 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 represent any endorsement by Provider of such content, product, service or company. We try to ensure that any advertisements or promotion is appropriate or connected to and for our users. You have the right to ask us at anytime not to stop contacting you by way of direct marketing. Provider will not be responsible for any transaction concerning products or services made from such third parties or for information presented in connection with any products or services of third parties. You confirm and agree that provider is not liable and/or responsible for any damage of any nature as a result of such transactions. X. CANCELLATION AND/OR TERMINATION Information is readily available on the Sites that correspond with the Service or via the SMS service on how to cancel or interrupt the flow of information received. The free welcome message from Provider contains information on how to cancel the Service. Information received via the SMS service can be interrupted by sending an SMS message starting with the keyword, i.e. keyword 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 short code you used for entry. For example you can send the message APPMANIA STOP (to stop the Appmania service) to the applicable short code and cancellation will become effective immediately upon receipt of stop request. In addition, a request sent via e-mail as communicated to you on the Sites and/or through our Services or the telephone number as posted on the Sites can be called. Via these routes of stop request, cancellation shall become effective immediately. Charges may still appear on your mobile phone bill the following month as carriers bill retrospectively. At our own discretion, Provider may, without prior notice to you, terminate use of the Service by you and delete and remove Registered Information within the Service for any reason. You confirm and agree that Provider may deactivate your account together with all information connected with it and any lists or files saved by it without delay, and prohibit you from further accessing the Service. XI. LIMITATION OF ACCOUNTABILITY Under no circumstances, including negligence, shall the The Provider and its employees, officers, directors, suppliers and agents (hereinafter to be referred to as "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, 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 the incidental 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 and Sites. XII. NO WARRANTY The Provider Parties disclaim any responsibility for any harm resulting from your use of the service, the content, sites. You understand and agree that: a. The Service, the Content, and Sites are provided on an „as is“ and „as available“ basis without 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 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, and sites. The Provider parties do not warrant that the service, the content, and sites will meet your requirements or that the operation of the service, the content, 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, 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 and Sites; XIII. INTELLECTUAL PROPERTY RIGHTS You are aware and agree that the content used in connection with the Service, contain confidential information that is protected by valid and applicable intellectual property rights. Except as otherwise set forth herein, all rights, 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 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 Service 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 Service 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, sell, distribute, rent, rent out, lend, lease, borrow, loan, create or generate content or products partially or entirely derived from the Service or the Sites 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 download the content, to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and the Sites solely in accordance with these General Terms, as long as you do not copy, alter or amend 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 content except as expressly provided in these General Terms and provided you do not sell any rights related to the content 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 and Intellectual Property Rights in any way or use amended versions of the content 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 or mobile phone you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment and/or mobile phone for private purposes. XIV. GENERAL INFORMATION These General Terms supersedes all previous agreements between the Provider and you. 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 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 Terms in no way constitutes a waiver or renunciation of those rights or stipulations. In the event any provision of these General 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 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.