Generale Conditions
The Mobile Games
1. Definitions
The directives and conditions announced apply to all the users of the services offered by The Mobile Games. The user is assumed to agree with the General Conditions by using the service offered by The Mobile Games. The Mobile Games has the right to change these General Conditions by informing the user through e-mail one week before the changes come into effect. A change in laws and regulations will have immediate consequences for the General Conditions once these laws and regulations come into effect. The user will not be particularly informed on this matter.
2.
Description of the services
The Mobile Games provides its users with access to mobile services and other informative services on its website www.themobilegames.com. The General Conditions apply to all new facility’s expanding the current service, unless explicitly stated otherwise. While ordering mobile content we need to save your cellphonenumber in our database to be able to send you the wap push. It is possible that you receive a free of charge catalog through sms afterwards.
3.
Service ordering
The instructions for ordering the service can be found on the website www.themobilegames.com.
4.
Service availability
Due to technical reasons not all mobile phones support the download of logo's, ringtones, picture messages (mobile cartoons), screensavers, mobile games and other mobile applications. The user can consult the website http://www.themobilegames.com if he wants to find out if his mobile phone is suitable for the services of The Mobile Games.
5.
Delivery time
The sending of the services ordered by the user will take place immediately after the order and can not take longer than six hours. An exception is only made when the forwarding of the ordered services can not take place due to a technical disturbance.
Send an e-mail to The Mobile Games' customer service within a maximum of 8 hours after the order if the service ordered is not delivered within the period mentioned. The user should specify the following to the customer service:
·
Time order
·
Name ordered service
·
Code ordered item
·
Mobile phone number
Once The Mobile Games receives the complaint, it will send the ordered item as soon as possible. There will be no refund.
For complaints concerning The Mobile Games' mobile services, users can send an e-mail to: adc@themobilegames.com.
6.
User liability's
The Mobile Games' service is copyrighted. The user has the right to save the service to his mobile phone. Forwarding to other mobile phones is strictly forbidden as is the editing or copying of the service ordered by the user.
7.
Service prices
The prices mentioned on www.themobilegames.com are VAT included. Intervening price changes reserved.
8.
Payment for use of service
If ordered through fixed connection, the amount will be included in the telephone bill of this fixed appliance. If ordered through mobile phone, the amount will again be included in the bill of the owner of the SIM-card. If ordered trough mobile phone with pre-paid card, the amount will automatically be deducted of the pre-paid credit.
9.
Copyright
The Mobile Games all rights reserved. The Mobile Games, as a whole and parts like software, data, image and content, is protected by copyright. Even partial reproduction, publication and re-distribution or equal use of the service and/or data in the server and/or previous mentioned material is forbidden, regardless of the method it is used in.
Considering this agreement, The Mobile Games has, without any restriction, the right to use material made by the user with the images and ringtones 'editor' with the service without expenses worldwide. The Mobile Games will have to right to modify, publish and distribute copies of the material. All the material can be used for The Mobile Games' marketing purposes and other business purposes.
10.
Code of conduct
The user explicitly agrees he will not use the service:
a)
a) For uploading, putting at disposal, sending or passing on in any other way illegal, harmful, menacing, insulting, tormenting, deceptive, blasphemous, vulgar, indecent, humiliating or hateful information which invades on one's privacy, which is racial or which is ethnically or in any other way condemnable;
b) To harm minor's in any way;
c) To pose oneself as someone else or as an other instance, including yet not limited to a co-worker, forum leader, guide or host of The Mobile Games or to falsely declare or in any other way falsely claim to have relations with or to be associated with a person or instance;
d) For uploading, sending or in any other way passing on unasked or illegal advertising, promotional material, junk mail, spam, chain letter's, pyramid games, or any other possible form of recruitment, besides in the especially intended domains (like shopping rooms)
e) For uploading, e-mailing or passing on in any other way material that contains computer viruses or other computer codes, -files or -program's designed for disturbing, destroying or limiting the functionality of software, hardware or telecommunications material; or
f) To stalk or in any other way harass others.
11.
Indemnification
The user promises to safeguard The Mobile Games, representatives or other partners, and co-workers against legal claims of third parties, including reasonable costs for legal aid, that arise result from information offered or sent by the user through the service.
12.
Modified Service
The Mobile Games preserves the right to, temporary or permanently, change or end the Service (or any part of it). The User agrees to The Mobile Games not being responsible to him or third parties, if the Service is changed, suspended or ended.
13.
Applications and software made by third parties
The Mobile Games is not responsible for software, applications, services, links or other activities generated by third parties who are using the Service. The Mobile Games is not responsible for viruses, corrupt files or any other content within the Service of third parties that is harmful for the User's hard-or software. The Mobile Games is not responsible for links to websites of third parties within the Service. The Mobile Games is not responsible for the content or for the access to pages of third parties. The User clicks the link at his own risk.
14.
Termination
The User agrees that The Mobile Games can act on its own discretion to end the use of the Service by the User and information within the Service can delete and destroy, regardless of the reason, for example if this isn't used, if The Mobile Games thinks you have not lived by or you have violated the General Conditions, or for other reasons. The User agrees that the access to the Service can be terminated without prior notice following the determined in these General Conditions.
15.
Disclaimer
The Mobile Games does not guarantee that the use of the mobile service obtained results are correct or reliable, the quality of the mobile service purchased or acquired products by you, and/or other material meets your expectations, mistakes in the software will be repaired.
The Mobile Games does not guarantee it will operate permanently. The Mobile Games is not responsible for damage caused by the failure of the Service or change or destruction of material saved within the Service. The User agrees that the Service will be used at own risk. The Mobile Games is not responsible neither does it guarantee materials, services, information or products made by the Service. The User is responsible for the requested equipment, including a mobile phone for the establishment of the connection.
16.
Trademark
The User agrees not to publish or use the trademarks, brand names or logo's related to the mobile service, without the prior consent of The Mobile Games.
17.
Belgian justice
The Belgian law is applicable to every agreement made by The Mobile Games, in addition to which all disputes, as a result of or linked with obligations arising from agreements made by the parties, will be brought to court in Brussels. |