| VOOOYEUR TERMS
AND CONDITIONS PLEASE READ THESE TERMS
CAREFULLY. WE STRONGLY ADVISE YOU TO PRINT A COPY OF THESE
TERMS OR TO MAKE A COPY ON THE HARD DISK OF YOUR COMPUTER.
THE ENQUIRE S.L. AND/OR VOOOYEUR (collectively
“VOOOYEUR”) PRODUCTS AND SERVICES ARE OFFERED
TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION,
OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. YOUR
USE OF THE PRODUCTS AND SERVICES CONSTITUTES YOUR AGREEMENT
TO ALL SUCH TERMS, CONDITIONS, AND NOTICES. OUR OFFER AND
YOUR USE OF VOOOYEUR PRODUCTS AND SERVICES MUST COMPLY
WITH ALL APPLICABLE LAWS AND REGULATIONS CONCERNING AGE.
IF YOU ARE NOT OVER THE AGE OF 18, YOU ARE STRICTLY
PROHIBITED FROM ACCEPTING AND/OR USING VOOOYEUR PRODUCTS
AND SERVICES. FURTHER, WE MUST ASK THAT YOU IMMEDIATELY EXIT
THIS SITE.
PLEASE NOTE THAT SERVICES COVERED BY THIS AGREEMENT
MAY NOT BE CANCELLED BY YOU OTHER THAN AS DETAILED IN THESE
“TERMS OF SERVICE” (“TOS”) ONCE THE
SERVICES HAVE COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS,
YOU SHOULD NOT PROCEED ANY FURTHER ON THIS WEBSITE OR WITH
REGISTRATION. OTHERWISE YOU AGREE TO USE THE SERVICES ON THE
TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE
TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN
IN ACCORDANCE WITH CLAUSE 12.2 BELOW. PLEASE CHECK THIS SITE
REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH CHANGES.
1. Introduction
1.1. Service Description.
VOOOYEUR currently provides users with access to a variety
of products and services through its on-line (World Wide Web),
WAP (Wireless Application Protocol) and SMS (Short Message
Service) services (the "Service"). The Service may
also include access to products and services of independent
third parties either directly or via links to sites operated
by third parties. Where reasonably possible, VOOOYEUR shall
indicate the products and services provided by third parties
as such. Even though they may be co-branded with VOOOYEUR
and so include VOOOYEUR trademarks, the contracts for products
and services provided by third parties are concluded directly
between you and the third party. VOOOYEUR 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 SUCH PRODUCTS OR SERVICES.
1.2. Applicable terms and conditions.
The Service and any products and services,
which may be accessed through the Service are made available
to you subject to these Terms of Services ("TOS").
The TOS are in addition to any VOOOYEUR or third party
terms and conditions applicable to products and services,
which may be posted from time to time in connection with such
products and services ("Specific Terms"). In case
of any discrepancy between the TOS and such Specific Terms
the latter shall prevail.
2. Conclusion of contract
2.1. Invitations to order.
Unless otherwise expressly indicated, no
information presented in the Service or in connection with
any products and services shall be deemed as a binding offer
by VOOOYEUR, but an invitation for you to order.
2.2. Contract for the Service.
The contract for the Service between you
and VOOOYEUR shall be deemed concluded when VOOOYEUR,
upon your request (order), has provided you with access to
the Service (such access may be based on a personal username
and password generated for that purpose or on other data that
VOOOYEUR deems sufficient for your identification). You
are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your
account.
2.3. Contracts for products and
services purchased through the Service. In
respect of contracts for the products and services of VOOOYEUR
and independent third parties which are made available through
the Service, these shall be deemed concluded when VOOOYEUR
or the third party has accepted your order for the same or
has provided you with the product or service pursuant to your
order.
2.4. Assignment.
You may not assign or otherwise transfer the contract or assign,
transfer or sub-license any of your rights thereunder. VOOOYEUR
shall have the right to assign its rights and obligations
under this contract and any receivables based on this contract
to a third party of which notice in writing will be given
to you provided such assignment is made under terms no less
favorable to you than those in this TOS. After a notice concerning
the transfer of receivables, payments shall be valid only
when made to the new service provider.
3. Access to the Service
3.1. Equipment and Software.
In order to use the Service, you must have
a mobile communications subscription or otherwise have access
to the Service on the network in which VOOOYEUR makes the
Services available ("Subscription"), and pay any
service fees associated with such access. In addition, you
must provide all equipment and software necessary to make
such connection, including a mobile hand set or other access
device and ensure that they are in working order and suitable
for use in connection with the Service. You are responsible
for ensuring that that equipment and software do not disturb
or interfere with VOOOYEUR operations. Any equipment or
software causing interference shall be immediately disconnected
from the Service.
3.2. Registration and Registration
Data. Upon your request, VOOOYEUR
may register you as a user and provide you with access to
the Service by allocating you a personal username and password
of your choice or other means of entry to the service. VOOOYEUR
may need to change usernames allocated to certain of its Services
and reserves the right to do so (you will be informed if this
is necessary). The same procedure may apply to products and
services made available through the Service. You alone are
responsible for maintaining the confidentiality of any possible
password and account. In exchange for your use of the Service
(in addition to the payment of applicable fees) you agree
to:
(a) provide
true, current, accurate and complete information about yourself
as prompted by the registration form (such information being
the "Registration Data") and
(b) maintain
and promptly update the Registration Data to keep it true,
accurate, current and complete. If VOOOYEUR has reasonable
grounds to suspect that the Registration Data is untrue, inaccurate
or incomplete, VOOOYEUR has the right to suspend or terminate
your account and refuse any and all current or future use
of the Service (or any portion of them). Prior to any such
withdrawal VOOOYEUR shall temporarily withdraw the Service
and notify you of the grounds on which the Service has been
withdrawn. If the position has not been rectified within 14
working days of the notice such withdrawal will be made permanent.
Please note your obligations under clause 8.3 (Responsibility
for Using the Service).
3.3. Access without registration.
VOOOYEUR may provide you with access
to some Services without you registering as a user. In that
case your identification is based on other means of identification
that VOOOYEUR deems appropriate. Identification is typically
based on data identifying your Subscription, such as your
Subscription number, mobile phone number or MS ISDN number
provided by your network operator. You agree that such information
may be collected and disclosed to VOOOYEUR and used in
accordance with section.
4. Processing of your information.
4.1. Privacy. VOOOYEUR
is committed to the privacy of its customers. You acknowledge
that VOOOYEUR collects and processes Registration Data
and information on your use of the Service including the personally
identifiable information contained therein for the purposes
detailed in its Privacy Policy. As global companies, VOOOYEUR
and its affiliated companies increasingly go beyond the borders
of one country.
5. Service Obligation
5.1. Reasonable efforts to maintain
the Service. VOOOYEUR shall use
reasonable efforts to keep the Service (or individual services
supplied by VOOOYEUR or third parties) available in accordance
with the information that you have received about it at the
date of this Agreement. VOOOYEUR may suspend the Service
for repair, maintenance, and/or upgrade work. In such a case,
VOOOYEUR shall aim at keeping the said interruption short
and at causing as little inconvenience to you as reasonably
possible.
5.2. Right to modify services.
VOOOYEUR shall have the right to provide
the Service as it deems best but will try to ensure that the
Service is of no lesser standard than as at the date these
TOS were entered into. Subject to your right to be reimbursed
fees under clause 10.2 of these TOS, VOOOYEUR reserves
the right to modify or discontinue, temporarily or permanently,
individual services provided by it or third parties via the
Services, or the Services themselves. If a service is or the
Services are to be permanently discontinued by VOOOYEUR
it will notify you of this fact.
5.3. Service Upgrades. If
any upgrade in a service requires changes in your equipment
or software, you must effect these changes at your own expense.
VOOOYEUR shall inform you of any such alterations in the
Service in advance. Unless explicitly stated otherwise, any
new or additional features that augment or enhance the current
Services, including the release of new services, shall be
subject to the TOS.
5.4. General practices.
You acknowledge that VOOOYEUR may establish
general practices and limits concerning use of the Service
(such as maximum number of days that uploaded content will
be retained by the Services and the maximum disk space that
will be allotted on VOOOYEUR servers on your behalf). You
acknowledge that VOOOYEUR reserves the right to log off
accounts that are inactive for an extended period of time.
You further acknowledge that VOOOYEUR reserves the right
to change these general practices and limits at any time,
at its sole discretion, without notice.
6. VOOOYEUR WARRANTIES
6.1. NO WARRANTIES OTHER THAN TOS
THE SERVICE (AND ANY SERVICES AVAILABLE THROUGH VOOOYEUR
SERVICES) ARE OFFERED TO YOU ON AN "AS IS", "WITH
ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE VOOOYEUR
AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TERMS OF SERVICE.
YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT,
SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES
OR OTHER MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING
THE SERVICE ("CONTENT") IS AT YOUR OWN RISK AND
THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS
GIVEN BY VOOOYEUR FROM TIME TO TIME.
6.2. CONTENT YOU UNDERSTAND THAT THE CONTENT IS THE SOLE RESPONSIBILITY
OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. UNLESS EXPLICITLY
STATED TO THE CONTRARY, VOOOYEUR DOES NOT CONTROL THE CONTENT
POSTED VIA OR MADE AVAILABLE USING THE SERVICE AND DOES NOT
WARRANT THE ACCURACY, AVAILABILITY, INTEGRITY, OR QUALITY
OF SUCH CONTENT. VOOOYEUR WILL NOT BE LIABLE IN ANY WAY
FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS
OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
OTHERWISE TRANSMITTED VIA OR MADE AVAILABLE USING THE SERVICE
6.3. SERVICES VOOOYEUR MAKES
NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE (OR ANY SERVICES AVAILABLE THROUGH
VOOOYEUR SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU
IN CONNECTION WITH THE SERVICE AT THE DATE OF ACCEPTING THESE
TOS, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
6.4. DOWNLOADING OF CONTENT ANY
CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA
THAT RESULTS OF THE DOWNLOAD OR USE OF SUCH MATERIAL ;
6.5. SECURITY MEASURES VOOOYEUR
SHALL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT
YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT
UNAUTHORISED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER,
THAT VOOOYEUR IS UNABLE TO EXERCISE FULL CONTROL OVER THE
SECURITY OF INFORMATION PASSING OVER THE NETWORK UTILISED
BY THE SERVICES OR VIA THE SERVICE, AND VOOOYEUR HEREBY
EXCLUDES ALL LIABILITY OF ANY KIND FOR UNAUTHORISED ACCESS
TO INFORMATION PASSING OVER THE NETWORK OR VIA THE SERVICE.
6.6. GENERAL WARRANTIES
(A) THE SERVICES ARE INTERNET, WAP, JAVA AND SMS DRIVEN AND
VOOOYEUR IS NOT ABLE TO CONTROL EFFICIENCY OF ALL NETWORKS
IN THEIR ENTIRITY OVER WHICH THE SERVICES (AND INDIVIDUAL
VOOOYEUR OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE
VOOOYEUR ASSUMES NO RESPONISIBILITY FOR ANY DISRUPTION
TO THE SERVICES/INDIVIDUAL VOOOYEUR SERVICES PROVIDED THAT
IT WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION
AS SOON AS REASONABLY PRACTICABLE.FURTHER VOOOYEUR MAKES
NO REPRESENTATION OR WARRANTY AND ASSUMES NO RESPONSIBILITY
FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL VOOOYEUR
SERVICES, DISTORTION, MISDELIVERY OR FAILURE TO STORE ANY
CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS OR THE EQUIPMENT
USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL VOOOYEUR
SERVICES;
(B) WHEN USING THE INTERNET SERVICES YOU MAY FIND FROM TIME
TO TIME SITES AND ADDRESSES WHICH YOU WISH TO VISIT HAVE BEEN
DISCONNECTED OR CANNOT BE FOUND. VOOOYEUR ARE NOT RESPONSIBLE
FOR MAINTAINING ANY SITE OR ADDRESS OTHER THAN OUR OWN AND
CANNOT GUARANTEE THE CONTINUNED AVAILABILITY OF ANY OTHER
PERSON'S SITE OR ADDRESS. VOOOYEUR SHALL NOT BE LIABLE
TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION
OR DISCONTINUANCE OF THE SERVICE OR ANY PART THEREOF NOT WITHIN
OUR REASONABLE CONTROL;
(C) NO NON-FRAUDULENT ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM VOOOYEUR OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED
IN THESE TOS.
7. Limitation of Liability
7.1. NOTHING IN THIS AGREEMENT
LIMITS OR EXCLUDES EITHER VOOOYEUR OR YOUR LIABILITY FOR
PERSONAL INJURY OR DEATH CAUSED BY OUR OR OUR EMPLOYEE'S OR
YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED
OR EXCLUDED BY APPLICABLE LAW.
7.2. VOOOYEUR SHALL NOT IN ANY
CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR
LOSSES INCLUDING (WITHOUT LIMIT) FOR LOSS OF BUSINESS CONTRACTS,
SAVINGS, ANTICIPATED SAVINGS, PROFITS OR GOODWILL, LOSS OF
DATA HOWEVER THESE MAY ARISE OR FOR ANY OTHER UNUSUAL LOSSES.
7.3. SUBJECT TO CLAUSE 7.2, VOOOYEUR'S
MAXIMUM LIABILITY UNDER THESE TOS FOR LOSSESS DIRECTLY RESULTING
FROM A BREACH OF THESE TOS OR ITS NEGLIGENCE SHALL BE LIMITED
IN RESPECT OF ANY ONE EVENT OR A SERIES OF TWO OR MORE CONNECTED
EVENTS TO NO MORE THAN THE MONETARY AMOUNT PREVIOUSLY PAID
FOR SERVICES RENDERED TO THE USER BY VOOOYEUR. YOU SHALL
NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO
PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS.
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
7.4. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO
THE SERVICES AND TO THE INFORMATION THEREIN. VOOOYEUR AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SERVICES AT ANY TIME.
7.5. VOOOYEUR AND/OR ITS RESPECTIVE SUPPLIERS AND AFFILIATES
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. VOOOYEUR AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
7.6. YOU SPECIFICALLY AGREE THAT VOOOYEUR SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT VOOOYEUR
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER
PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT VOOOYEUR IS
NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN A SERVICE BY ANY THIRD PARTY.
7.7. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly, some
of the above limitations and disclaimers may not apply to
you. To the extent that VOOOYEUR may not, as a matter of
applicable law, disclaim any liability or implied warranty,
the scope and duration of such warranty shall be the minimum
permitted under such applicable law.
8. Use of the Service and Content
8.1. You represent and warrant
that:
(a) You
are of the age required or allowed under applicable law for
making a legal and binding contract;
(b) You
are at least 18 years of age
(c) All
information that you submit is true and accurate (including
without limitation information relating to your Age and Payment
Method); and you are an individual (or in the case of an entity,
an agent of the entity) authorized to use the designated Payment
Method. You agree to pay for all charges (including charges
by other persons) and to comply with your responsibilities
and obligations as stated in this Agreement. If you are an
agent of an entity user, you represent and warrant that you
are duly authorized to legally bind the entity to all terms
and conditions of this Agreement and that you have made the
entity aware of them. You agree not to assign, transfer or
sublicense any rights in your Billing Account. VOOOYEUR
may:
(d) Generate
print copies of its electronic records and introduce them
in evidence as original documents; and
(e) Prove
your agreement or consent in any manner, including without
limitation, by showing that a procedure existed by which you
must have provided consent or engaged in conduct to obtain
the applicable Products.
8.2. Personal And Non-Commercial
Use Limitation. Unless otherwise
specified, the VOOOYEUR Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from the Service.
8.3. Responsibility for Content
provided by you. You shall be responsible
for any Content delivered through your account. In particular,
you are responsible for that any Content sent by you or through
your account does not cause interference to the network, infringe
copyrights or other rights, or violate good practice (including
so-called SPAM mass deliveries), legislative provisions or
regulations issued by the authorities.
8.4. Responsibility for the use
of the Service. You are fully responsible
for all activities that occur under your password or account
or through your Subscription. That responsibility includes,
but is not limited to, the responsibility for any fees for
the use of the Service or any products and services made available
through the Service. You agree to:
(a) Immediately
notify VOOOYEUR in case you become aware of or suspect
unauthorized use of your password or account or Subscription
or any other breach of security, and
(b) ensure
that you exit from your account at the end of each session.
VOOOYEUR cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
8.3.
8.5. Prohibited activities.
You agree not to use the Service or services
available via the Services to:
(a) Upload,
make available, send or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm
minors in any way;
(c) Impersonate
any person or entity, including, but not limited to, a VOOOYEUR
official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d) Upload,
make available, send or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party
or any Content that you do not have a right to transmit under
applicable law or under contractual or fiduciary relationship
(such as information disclosed as part of employment relationships
or under nondisclosure agreements);
(e) Upload,
send or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail",
"Spam", chain letters, pyramid schemes, or any other
form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
(f) Upload,
post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; or
(g) "stalk"
or otherwise harass another.
You agree not to:
(a) Manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service;
(b) Intentionally
or unintentionally violate any applicable local, state, national
or international law;
(c) Reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service,
or access to the Service.
(d) Create
a false identity for the purpose of misleading VOOOYEUR
or other third parties associated with VOOOYEUR.
8.6. VOOOYEUR 's right to refuse
Content. You acknowledge that VOOOYEUR
does not monitor Content, but that VOOOYEUR may (without
any obligation to do so), at its sole discretion, refuse or
remove any Content that you or any third party make available
via the Service. Without limiting the effect of this clause,
VOOOYEUR shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree
to evaluate, and bear all risks associated with the use of
any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
8.7. VOOOYEUR 's right to disclose
information. You acknowledge and
agree that VOOOYEUR may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary
to:
(a) Comply
with legal process;
(b) Enforce
the TOS;
(c) Respond
to claims that any Content violates the rights of third-parties;
or
(d) Protect
the rights, property, or personal safety of VOOOYEUR, its
users and the public.
8.8. Use of content of third parties.
You understand that the technical processing
and transmission of the Service, including your Content, may
involve
(a) Transmissions
over various networks; and
(b) Changes
to conform and adapt to technical requirements of connecting
networks or devices. You understand that the Content you post
into public areas of the Service, including but not limited
to chat groups, message boards and other areas accessible
to large or unlimited number of users of the Service or other
persons, is or may be accessible to other users of the Service
or other persons. Accordingly you grant other users of the
Service, VOOOYEUR or other persons having access to such
Content a royalty-free, irrevocable and worldwide license
to use and reproduce, modify, and translate such Content in
association with the Service.
8.9. Intellectual Property in the
Services. You acknowledge and agree
that the Service, any software used in connection with the
Service ("Software"), and usernames allocated to
you contain proprietary and confidential information that
is protected by applicable intellectual and industrial property
and other laws and which belongs to VOOOYEUR or third parties.
You will not acquire ownership of any worldwide intellectual
property rights in Software or usernames by virtue of your
use of the Services. You further acknowledge and agree that
Content contained in sponsor advertisements or information
presented to you through the Service is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by VOOOYEUR, you
agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software,
in whole or in part. You agree not to access the Service by
any means other than through the interface that is provided
by VOOOYEUR for use in accessing the Service. VOOOYEUR
hereby grants you a license to make a single copy of the Content
on the equipment you use to access the Service and to use
and display such copy of the content on such equipment for
VOOOYEUR non-commercial purposes.
8.10. Without VOOOYEUR 's prior
permission, you agree not to display or use in any manner,
the trademarks, trade names or logos used in connection with
the Service.
9. Payments
9.1. Tariffs. Unless
otherwise indicated, the charges for the services or products
purchased by you shall be invoiced on your mobile operator's
bill (i.e. on the bill related to the use of the mobile subscription
with which you have accessed the Service). VOOOYEUR may
also invoice you for the charges of third parties whose products
or services are available through the Service if this has
been agreed upon with the said third party. Such charges shall
be invoiced in accordance with the tariffs of such third parties.
9.2. Price changes. VOOOYEUR
reserves the right to change the tariffs for the Service by
posting details of such changes on its web site or in other
publicity materials.
9.3. Overdue payments. Any
overdue unpaid amount shall bear an interest rate of eighteen
percent (18%) per annum or the highest interest allowed by
applicable law, which ever is higher.
10. Termination
10.1. Termination of the Service.
(a) You
agree that VOOOYEUR, at its sole discretion, may terminate
your use of the Service or individual services provided via
the Services, and remove and discard any Content within such
services, if you remain in breach of this agreement for more
than 7 days from notice of such fact.
(b) Both
VOOOYEUR and you may terminate this contract by submitting
a notice in accordance with clause 11.1. The termination shall
be effective at the end of the calendar month following the
month when you gave your notice of termination.
10.2. Credit for pre-paid charges
on termination or discontinuance of services or Services
Credit for pre-paid charges on
termination or discontinuance of services or Services. You
shall be entitled to claim to be credited for pre-payments
made for to the extent that such payments were for Services
(or individual services provided via the Services) not supplied
by VOOOYEUR following it terminating the Services (or individual
services) for reasons other than for your breach of them.
This right is conditional upon claims for such credits, and
all reasonably requested details required by VOOOYEUR to
process such claims are provided by you to VOOOYEUR within
one month of the effective date of termination of these TOS.
VOOOYEUR shall have no duty to credit such sums if the
Service (or individual services provided via the Services)
is replaced by a materially similar service.
10.3. Suspension of the Services.
VOOOYEUR may suspend all or
any of the Services (or individual services provided via the
Services), for lack of use, or if VOOOYEUR believes that
you have violated or acted inconsistently with TOS.
10.4. Deletion of account information
on termination.
You agree that on any termination
of your access to the Service under any provision of this
TOS VOOOYEUR may immediately deactivate or delete your
account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that VOOOYEUR shall not be liable to
you or any third party for any termination of your access
to the Service.
11. Competition services.
11.1. From time to time, VOOOYEUR
will hold competitions for specific prizes. These
competitions are available to certain wireless network users
over the age of 18 years only.
11.2. Competition entrants will
be expected to send SMS to a special number and will receive
a reply message indicating we have received your entry.
All costs associated with the competition
shall be notified to the entrants via advertisements or the
Services.
11.3. There will be one winner
per prize who will be selected at random on the Closing Date.
“Closing Date” means the last
possible date and time to enter into a competition and still
have the ability to win a prize. Entrants will be notified
via advertisements or the Services of the Closing Date for
a particular competition.
11.4. No cash alternative offered.
Prizes relate to several themed promotions.
12. Other terms and conditions
12.1. Notices. You
shall send any notices related to this contract to the following
addresses:
info@voooyeur.com
VOOOYEUR shall serve notices related to this contract by
posting them on the VOOOYEUR Web site or by sending them
to the address or e-mail address you have given to VOOOYEUR
pursuant to section 3.2, or as a text message to your mobile
Subscription number. Notices sent by mail shall be deemed
received seven days after they were sent. Notices posted on
VOOOYEUR Web site or sent by e-mail or as a text message
shall be deemed received on the weekday following the day
when they were posted or sent.
12.2. Changes to TOS.VOOOYEUR
reserves the right to change these terms and conditions from
time to time. Changes shall be notified to you by posting
on the VOOOYEUR Web site or by sending you a notice pursuant
to section 12.1 thereof. Changes in this manner shall be deemed
to have been accepted if you continue to use the Service after
a period of two weeks from the date of posting on the VOOOYEUR
website or from the notice.
12.3. Reasonable Control.
VOOOYEUR will not responsible for non-compliance
with the terms of these TOS where such non-compliance results
from matters beyond VOOOYEUR 's reasonable control.
13. General information
The TOS and the relationship between
you and VOOOYEUR shall be governed by the laws of England
without regard to its conflict of law provisions. The failure
of VOOOYEUR to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision to the fullest
extent permitted by law, and the other provisions of the TOS
remain in full force and effect.
14. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and VOOOYEUR as a result of
this agreement or use of the Services. You agree to indemnify
and hold VOOOYEUR, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by
any third party due to or arising out of your use of or conduct
on the Services. VOOOYEUR reserves the right to disclose any
personal information about you or your use of the Services,
including its contents, without your prior permission if VOOOYEUR
has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of VOOOYEUR
or its affiliated companies; (3) enforce the terms or use;
or (4) act to protect the interests of its members or others.
VOOOYEUR 's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of VOOOYEUR 's right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Services or information provided to or
gathered by VOOOYEUR with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and VOOOYEUR with respect
to the Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and VOOOYEUR with respect to the
Services. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions
as other business documents and records originally generated
and maintained in printed form.
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