Terms and Conditions and Privacy Policy
1.
ACCEPTANCE OF TERMS OF SERVICE
We
offer services optimized for mobile devices. These services are available as a
browser-based application as well as a native application for Ios and Android (“Services”). By visiting the website or
the corresponding WAP site (“sites”) and/or registering the Services, you
accept that you are entering into a binding contract with us governed by the
Terms of Service and Privacy Policy.
Please
take the time to read and understand the Terms of Service. If you do not agree
with the Terms of service as well as the Privacy Policy, please don’t use the
sites or any of the services.
2.
ACCESS AND AVAILABILITY
Full
access to the Service can be provided by a fee-based subscription which can be
purchased for different periods and will be automatically renewed if not
cancelled. We grant our subscribers full access to the content as long as they
have an active subscription.
The
fees shall become due upon purchase of the subscription irrespective of whether
or not you actually use the Service; the consideration for the fees shall
solely be the provision of the right to download, receive and/or access the
content.
In
order to make the most out of our Service you must have the necessary mobile
communication means with easy internet access. Some wireless applications are
only available for a select number of mobile devices. This is an issue with its
manufacturers, hence out of the control of Provider. To prevent any disappointment,
we ask you to check with the compatibility of your device before subscribing to
the Service.
Below
is the information about the auto-renewable nature of the subscription:
About Subscriptions
Here are details on our subscription* offer:
Subscription period is for 1 week and Renewal subscriptions will be every week .
The charge is $2,99 per week
•Title of publication or service:Auto-renewable subscription
• Payment will be charged to your iTunes account at confirmation of purchase.
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
• Account will be charged for renewal within 24hours of the end of the current period, and the cost of the renewal will be provided.
• Subscriptions may be managed by the user. Auto-renewal may be turned off by going to the user’s iTunes Account Settings after purchase.
• No cancellation of the current subscription is allowed during active subscription period.
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
• You can cancel your subscription by entering the following address:https://support.apple.com/en-us/HT202039
(for IOS users)
3.
FEES
For
getting full access to a service you will be charged the applicable fees.
Subscriptions
that have been purchased through the Site will be charged through the mobile
bill you receive from the mobile operator of your network or through any other
selected payment method.
All
fees including fees existing for 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, you may cancel your
subscription.
4.
SECURITY AND REGISTRATION OBLIGATION
In
order to guarantee safe use of the Service, as well as payment of the
applicable fees, you must be registered. You guarantee that your registered
personal information is provided to us complete and correct at all times.
You
are responsible for maintaining the secrecy of any password and/or account
issued to you by Provider, and you are fully liable for all actions carried out
involving the use of your password or account.
5.
CHANGES OF THE SERVICES
We reserve the right to upgrade, amend,
suspend or discontinue the Services without prior notification at any time. You
agree that we shall not be liable to you or to any third party for any amendment,
suspension, or discontinuance of the Services.
6.
CODE OF CONDUCT
You
agree to use the Service in accordance with the following Code of Conduct:
a.
You will not use the Services for
any illegal purposes
b.
You will not use the Service to
engage in any form of harassment, including but not limited to the posting of
communications, pictures, or recordings which contain abusive, racist,
pornographic, or offensive language or images
c.
You will not reproduce, copy, sell,
or resell the Service in whole or in part
7.
PRIVACY POLICY
Our
use of your personal information is governed by our Privacy Policy. Our Privacy
Policy forms an integral part of the Terms of Service, and by agreeing to the
Terms of Service, you also give consent to the way we may handle your personal
information.
8.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless Provider, its subsidiaries,
related parties, affiliates, and their representative 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 (i) the use of the service, the content, the downloads,
without limitation, (ii) violation of the Terms of Service or (iii) violation
of any law, regulation or third party rights.
9.
CANCELLATION AND TERMINATION
Subscriptions
that have been purchased through our Sites can be managed and canceled via
those Sites.
10.
ADVERTISING
As
far as your country of residence allows us, we may use advertisements and
promotions. As a condition to using the Services, you agree that we may display
advertisements and other promotions on our sites and deliver advertisements and
promotions on your mobile device or otherwise in connection with our Service.
You also agree that you will not attempt to block or otherwise interfere with
such advertisements or promotions.
We
will not share your personal details with third parties without your consent.
You have the right to ask us at any time not to contact you by way of direct
marketing.
The
inclusion of any advertising or promotion on our sites or in our Service does
not constitute any endorsement by Provider of such content, product, service,
or company. 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 may be the result of such transactions.
11.
INTELLECTUAL PROPERTY RIGHTS
You
are aware and agree that the software used in connection with the Service, the
Sites as well as the Services contains information and marks that are protected
by valid and applicable copyright law, trade secret law, trademark law and any
other intellectual property rights and laws. Except as otherwise set forth
herein, all now known and hereafter rights of every nature worldwide pertaining
to the Sites, Services and Software in or as part of any version, belong to us
at all times (“Intellectual Property Right”).
You
agree to make no claim of interest in or ownership of any Intellectual Property
Rights and 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,
other than the rights expressly granted in the Terms of Service.
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 Service
on a designated compatible mobile device solely for your own personal
non-commercial use and to use the Software and transfer the Sites solely in accordance
with the Terms of Service, as long as you do not copy, alter or amend any
Software, source coders or content, or reproduce, modify, perform, transfer,
distribute, sell, resell, create a derived product or content from it, or carry
out reverse engineer or reverse assembly those or otherwise attempt to find a
source code, and you agree not to sell any rights related to the content, the
software and the 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
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 the Terms of Service, as long as you do not copy, alter or amend any
Software, source codes or content, or reproduce, modify, perform, transfer,
distribute, sell, resell, create a derived product or content from it, or carry
out reverse engineer or reverse assembly those, or otherwise attempt to find a
source code, and you agree not to sell any rights related to the content, the
Software and the Intellectual Property Rights, code those, issue sub-licenses
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
unauthorized 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.
We aim to respect the intellectual property rights of others. If you are a
copyright owner or authorized to act on behalf of one, or authorized to act
under any exclusive right under copyright, and you believe that any content on
the Sites or Services infringes your copyright, you may submit Provider’s
designated copyright agent a copyright infringement notification by providing
the following information:
a) Identify the
copyrighted work that you claim has been infringed, or if multiple copyrighted
works are covered on a single Site and/or Service, you may provide a list of
the copyrighted works that you claim have been infringed;
b) Identify the
material that you claim is infringing or will be the subject of infringing
activity and that has to be removed, and provide access and information
reasonably sufficient to permit Provider to locate the material and disable it;
c) Provide your
contact information so that we can contact you such as your address, telephone
number and email address;
d) The
statement that you have identified material on the Sites and/or Services which
infringes your copyright;
e) The statement
that you have a good faith belief that the disputed use of the copyrighted
material or reference or link to such material is not authorized by the
copyright owner, its agent, or the law;
f) The
statement that the information in the notification is accurate and, under
penalty of perjury, that you are the owner, or authorized to act on behalf of
the owner, of the copyright or of an exclusive right under the copyright that
is allegedly infringed; and
g) Provide your
full legal name and your electronic or physical signature.
Deliver the
completed notification to us by e-mail. Upon receipt of the notification,
Provider will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged material from the Site and/or
Services.
If you are
unsure about your rights in respect of the material, or whether there has been
a copyright infringement, we suggest you take legal advice before sending a
notification to Provider.
12. NO WARRANTY
WE, OUR
DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS
AND LICENSORS (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, DEVICE OR
LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE
AND SITES; AND
e. WE ARE NOT
RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR
FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY
AGREE THAT UNDER NO CIRCUMSTANCES 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.
14. GENERAL INFORMATION
These Terms of
Service form the entire legal agreement and understanding between you and
Provider and supersede all previous agreements, understandings and
representations between you and Provider relating to the Sites or the Services.
You agree that no joint venture, partnership, employment or agency relationship
exists between you and us as a result of the Terms of Service or the use of the
Sites or the Services.
You may not
transfer any of your rights or delegate any of your obligations under this
agreement without our prior written consent. Nothing in this agreement affects
your statutory right as a consumer.
15. GOVERNING LAW, JURISDICTION AND
SEVERABILITY
National laws
from your country 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 the Terms of Service. 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 Terms of Service in no
way constitutes a waiver or renunciation of those rights or stipulations.
In case any
provision of the Terms of Service 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.