TERMS AND CONDITIONS


1. Access

1.1. By accessing and/or using the Application you confirm that you are at least eighteen years old. If you are not the person responsible for paying the mobile phone or internet bill or you are under eighteen years of age, please obtain the permission of the bill payer, parents, guardian and/or employers before registering and/ or participating in the Services.

1.2. By registering and/or using the Application, you (1) acknowledge and confirm that, where required, you have obtained the necessary permission, consent or approval from the bill payer, parents, guardian or employer and (2) accept that you have been offered the opportunity to read and accept the T&C (including the terms from your mobile phone operator that apply) before registering for the Application . If you do not agree; do not register or use the Application .

1.3. When you register for and/or use the Application you acknowledge and confirm that you have accepted these Terms and that you comply with the terms that apply in your situation, as specified above. You agree that each person who requests such Applications is your agent with full authority to act on your behalf with respect to such Applications . Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Applications, including the release of new Applications, shall be subject to the T&C.

1.4. By accessing and/or using this site, you have read and understand these conditions, and accept that you are legally bound by these T&C. These T&C will apply to all Applications provided by Content Provider unless stated otherwise.

2. Terms of Use

2.1. The content provider provides the Subscriber on the subscription to the Application in the manner prescribed by these Rules.

2.2. By accepting these rules, you confirm your legal capacity to carry out an Order in accordance with the requirements of the current legislation of Spain.

2.3. A subscriber who wants to receive a Subscription to the Application must have the equipment necessary for placing an Order, receiving the Application and Subscribing to the Application .

2.4. The Subscriber confirms he has read these T&C, and confirms the fact of fulfillment of all the requirements set forth by the T&C for the Subscriber.

2.5. The content provider is fully responsible for the compliance of the Application with the current regulations set by Mobile Network Operator.

3. Unsubscription order

3.1. The Subscriber can unsubscribe from the Subscription to the Application in case he is not willing to use it anymore.

3.2. The Subscriber should conduct Unsubscription from the Application on his own by sending Key Word via Short Code.

4. Limitation of Content Provider Liability

4.1. Content Provider shall not be liable for:

  • a. transmission failure;
  • b. break the connection;
  • c. deleting message content or Subscriber data;
  • d. inaccessibility to the online platform;
  • e. delays in data transmission;
  • f. interruptions or other interruptions in the communication line;
  • g. theft of notes;
  • h. destruction of any data by a third party;
  • i. unauthorized access to data;
  • j. data manipulation;
  • k. misuse of data.

4.2. In addition, Content Provider is not responsible for the content of messages, since these messages cannot be checked in terms of content. The content of the message is the responsibility of the author. Liability exclusion or limitation of liability excludes losses consisting in damage to health or life-threatening, or which may be inferred from a substantial breach of obligations by Content Provider or its legal representative or agent. The Content Provider liability is limited depending on the alleged damage. Any Content Provider liability in accordance with the legislation on the manufacturer’s liability for damage caused by a defect in the product remains unchanged.

5. Limitations

5.1. In case the Subscribers Equipment does not support the format required to download , launch or use the Application, the Subscription to the Application cannot be guaranteed.

5.2. The Subscriber is entitled to use the Application only for personal purposes and not allowed to distribute it by selling or otherwise alienating the Application to third parties.

5.3. By accepting these Terms, the Subscriber agrees with the above limitations when providing a Subscription to the Application .

5.4. In case the Subscriber does not want to use the Subscription to the Application with the limitations specified in these T&C, the Subscriber has the right to disconnect the Subscription to the Application in the order specified in section 4 of these T&C.

6. Subscriber`s Responsibilities

6.1. The Content Provider is required to store access data and mobile phones in a safe place and not transfer them to third parties.

6.2. In case of loss of access data and/or mobile phone, the Subscriber is obliged to immediately inform Content Provider about this loss and immediately block the mobile phone from the relevant mobile operator. Until the loss is reported to the Content Provider the Subscriber is responsible for the costs associated with the use of SMS chat.

6.3. The Subscriber undertakes to exclude Content Provider from claims, claims and liability to third parties, which are alleged to be a violation of the rights of third parties by the participant or other content of the message that is contrary to the law or contract. This also applies to law enforcement expenses (legal expenses).

7. Intellectual Property Rights

7.1. 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 Applications (‘Content Providers Intellectual Property Rights’) are owned by Content Provider or its licensors and you agree to make no claim of interest in or ownership of any such Content Providers Intellectual Property Rights.

7.2. Content Provider hereby grants, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to download and use the Application on a designated compatible mobile device solely for your own personal, non-commercial use.

7.3. You further acknowledge and agree that you may not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate the Application and/or the Content Provider Intellectual Property rights except in the event that Content Provider has given you explicit written permission to do so.

7.4. You acknowledge that no title to the Content Provider Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Application, other than the rights expressly granted in these T&C.

7.5. You acknowledge that all marks that appear throughout the Application belong to Content Provider, or the respective owners of such marks, and are protected by domestic and international trademark and copyright laws.

7.6. Any use of any of the marks appearing throughout the Applications without the express written consent of Content Provider or the owner of the mark, as appropriate, is strictly prohibited.

7.7. The Applications may be downloaded only once and may not be transferred, sold, distributed, displayed, performed, copied, modified or used in any way, in whole or in part, other than as contemplated by these T&C.

7.8. You guarantee that you will only use the interface provided by Content Provider in order to access the Application .

7.9. You agree that the right holders, which license their musical and other content items to Content Provider for use in the Application, are comprehended in this sense by the scope of protection of this agreement, and that they are themselves authorized to enforce the provisions of this agreement, which relate directly to their content.

7.10. You know that the use of musical pieces is subject to the terms of use as set out below. You may not allow a third party to copy, modify, reproduce, transfer, distribute or use in any other manner pieces of music, which you use or receive, outside the limits narrowly allowed by copyright. You oblige yourself to immediately inform Company of any such non-authorized use. All rights, which are not expressly granted to you by this T&C, are reserved by Content Provider and/or its licensors.

8. Other Conditions

8.1. Unsubscription from the Applications entails termination of the Subscription to the Application .

8.2. In case the Subscriber disconnects from the Application, the Subscription to the Application can be provided only after the Subscriber will subscribe again.

8.3. The content provider has received all necessary permissions to use the content.


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