ZARYO - Terms and Conditions
Terms and Conditions
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T&C
GENERAL TERMS & CONDITIONS
This is a subscription service, it will cost £1.50 (to a maximum of 3 messages =£4,50 a week), until you send STOP to 78889. Zaryo is a service for you with a simple, convenient and cost-effective way that enables you to get and manage the vital industry information you'll need in building a career in TV, theatre, movies or modeling. Zaryo offers you information about auditions, castings and productions and allows you to manage your own profile with access to a billboard showing the newest published messages from the industry you want to work in. In addition you will get updates on your mobile with the hottest auditions and castings that fit your personal profile. In order to sign up for the service, you fill out the simple registration form and once it's completed, you'll receive access to your own private web-page where you can request the audition types in which you're most interested. Information provider: iContent Ltd.. Helpdesk: 020-32868020 or smssupport@zaryo.co.uk. Trademarks, service marks, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners.
PROVIDER
The Service is offered by iContent Ltd.,1 Skoufa St., Potamos Germasogeias, Limasol, Cyprus.
Helpdesk: 020-32868020
The General Terms and Conditions and the Specific conditions listed elsewhere on these sites (hereafter jointly referred to as the "General Terms and Conditions") constitute a legally binding agreement; not only do they apply to the content and Service provided via the Short Messaging Service (hereafter referred to as the "SMS service") but also to the Service provided via the Internet, this website or a WAP site ("the Sites") and/or via other ways in which the Provider or associated companies (hereafter referred to as "Provider", "we", us", "our") provides mobile content, unless agreed to the contrary in writing. PLEASE CONSULT THE SPECIFIC TERMS AND CONDITIONS APPLICABLE TO YOUR COUNTRY.
Both methods for using the SMS service and the Internet (including any use of the Sites) are jointly referred to as the "Service" or "Services". The Provider is entitled to amend these General Terms and Conditions at any time. You should therefore consult these pages on a regular basis. In the event specific content and Services are used, those may also be subject to general playing rules, dispute settlement procedures, guidelines or other provisions (hereafter referred to as "Supplementary Terms and Conditions") in addition to the General Terms and Conditions. The Supplementary Terms and Conditions are considered as inserted here and they form an integral part of these General Terms and Conditions. In the event of contradictions between these General Terms and Conditions and the Supplementary Terms and Conditions, the terms specified most recently will take prevalence. These General Terms and Conditions incorporate and include the Provider's Privacy and Data Protection policies. In the free welcoming message from the Provider, you will find the URL (Uniform Resource Locator) of the Sites featuring the General and Specific Terms and Conditions. You and/or the account holder agree that sufficient opportunities are offered to read and accept the General and Specific Terms and Conditions before using the Service. ACCEPTANCE OF THE SMS CONTENT AND SERVICES AND USE OF THE SITES IMPLIES ACCEPTANCE OF THESE GENERAL AND SPECIFIC TERMS AND CONDITIONS, DATA PROTECTION POLICY AND PRIVACY POLICY.
Do not use the content and Services if you disagree with those terms.
DESCRIPTION OF THE SERVICE PROVIDER
With the Services, the Provider grants its users access to a network of online and mobile telephone applications, including but not limited to news or information, email, chat services, games, amusement, horoscopes, ring tones, wallpapers, fun sounds, real tones and videos. Access to the content and Services of independent third parties may also form part of the Service. The General and Specific Terms and Conditions and the Supplementary Terms and Conditions also apply to any expansion to or improvement of our current Services. The Provider is entitled to change or terminate the Service (all or part of it) at any time on a temporary or permanent basis. You agree that the Provider is not liable towards any third party or towards you as user, in the event the Service is changed, terminated or interrupted.
ACCESS TO THE SERVICE, AVAILABILITY AND AGE RESTRICTIONS, YOUR RESPONSIBILITIES
In order to use the Service, you must (1) have reached the minimum age specified in the Specific Terms and Conditions and/or have permission of (one of your) parents and/or the account holder to log in under their name and use the Service and (2) accept on behalf of that parent or the account holder that these General and Specific Terms and conditions are binding. If you log in on the Service and/or use the Service, you acknowledge and confirm that you have read the General and Specific Terms and Conditions and that you comply with the aforementioned and Specific Terms and Conditions applicable to your circumstances. The Service is provided "as is" and "as it is available" at the time it is used. The Provider does not accept any liability if personal settings, information or messages are not saved (in time), are deleted or delivered incorrectly. In order to use the SMS service, you require the necessary resources for mobile communication. Certain mobile phone applications are only available on a select number of mobile telephones. This is a matter for mobile phone manufacturers and it is therefore not a liability of the Provider. In order to prevent disappointment, we invite you to check the suitability of your mobile telephone as set out in the Summary of suitable phones, available from the website, before applying for the Service.
IN ADDITION, YOU MUST HAVE A SUBSCRIPTION FOR MOBILE PHONE COMMUNICATION WITH A PARTICIPATING MOBILE NETWORK PROVIDER, OR HAVE ACCESS TO A MOBILE COMMUNICATION NETWORK BY SOME OTHER MEANS, THROUGH WHICH THE PROVIDER CAN MAKE THE SERVICE AVAILABLE, AND YOU MUST ALSO HAVE ACCESS TO THE SERVICES AND HAVE ENTERED THE CORRECT SETTINGS FOR YOUR MOBILE PHONE PROVIDER, REQUIRED TO DOWNLOAD THE CONTENT. YOU MAY HAVE TO PAY AN ADDITIONAL FEE FOR ACCESSING THESE SERVICES AND SETTINGS. IN ADDITION, AN ACTIVE INTERNET CONNECTION MUST BE AVAILABLE ON YOUR MOBILE TELEPHONE (WAP, GPRS, 3G, UMTS). YOU WILL FIND INSTRUCTIONS ON THE WEBSITE OF YOUR MOBILE NETWORK PROVIDER.
You are responsible for checking that you have the equipment required to establish the connection, including a mobile phone, PC or other resources that may be required. You are responsible for verifying that your equipment and/or software does not disturb or interfere with the Provider's Service. Any Equipment or Software causing interference will immediately be disconnected from the Service and the Provider will be entitled to terminate the Service or to suspend it with immediate effect. In the event your equipment or software needs to be changed due to an upgrade or for the sake of the Service, you must carry out that change at your own expense. Access to the Service can be granted by supplying you with the content to be downloaded, in the category which you registered for (e.g. by supplying wallpaper) or by enabling you to download the content (e.g. by delivering a WAP-push link or a PIN for downloading the content from the designated Sites, or by giving access to the content (e.g. by enabling MSISDN [mobile station integrated services digital network number] for the content). Payment will be due regardless of whether you actually download content; after all, the payment only relates to the right to download, receive and/or the access to mobile applications.
PAYMENT FOR THE SERVICE
You have free access to our Sites. For the SMS service, you must be registered as the account holder and for using the SMS service, you will be charged the prevailing rate of your Provider either through the invoice of your mobile network provider if you have a subscription, or the payment will be deducted from your call credit. Separate charges are applicable for text messages from your mobile network provider. The free welcoming message of the Provider contains information about the charges payable to the Provider and about the frequency of the Service. All rates, including payments for existing subscriptions can be changed after a notice from the Provider. The Provider will notify you in time of any such changes. In the event you do not accept the new rates (which would never apply with retrospective effect), you can terminate your subscription and/or your relationship with the Provider with immediate effect. Any invoicing by a third party is governed by the terms of payment of the third party concerned. You will pay or indemnify the Provider for any national and local or other taxes (with the exception of tax based on the Provider's net profit) including, but not limited to sales tax, user-related property tax and betting tax or any other alternative taxes, based on the costs due for using the Service, regardless of whether the tax concerned is imposed now or in the future by international, European, national or local authorities or by another instance or instances with the authority to impose tax.
CODE OF CONDUCT FOR USING THE SERVICE
You agree to use the Service in accordance with the following code of conduct:
You will endeavour to keep the information sent to you through the Service confidential and you will not forward this information without the consent of the Provider or the person who sent you the information;
You will not use the Service to engage in harassment or obnoxious behaviour, including but not limited to issuing announcements, pictures or recordings of a libellous, coarse or degrading nature or racist, pornographic, obscene or offensive language or images;
You will not use the Service to violate the privacy rights, property rights or other rights held by the Provider or by others;
You will not post messages, pictures or recordings or use the Service in a manner that breaches, plagiarises or contravenes the rights of the Provider or of a third party, including but not limited to copyright, privacy law or other personal rights, or ownership rights, or in a manner which is fraudulent or contrary to common decency;
You will not use the Service for the promotion of charities, publicity or to acquire goods or services;
You will not in any way publish or forward contact information through your publicly published information, including but not limited to telephone numbers, mail addresses, email addresses, websites or complete names;
You will not reproduce, copy, sell, resell or use the Service, whether in part of in its entirety;
You will not use the Service for commercial purposes;
You will not use the Service for sending unsolicited email, including but not limited to mass advertising or informative messages (spam). Furthermore, you will not use the Service (a) to send emails that are excessive and/or intended to annoy or harass others, (b) to continue sending emails to the Provider or a recipient who indicated that he/she did not wish to receive them, (c) to send emails with a deceptive or misleading subject line, (d) to send malicious emails including but not limited to "mail bombing", or (e) to send or receive emails in a manner that contravenes the user policy of an Internet service provider;
The Provider reserves the right to terminate or suspend your use of the Service if it is thought that you may have breaches these prohibitions in the Provider's opinion.
REQUIREMENT TO REGISTER FOR THE SERVICE
In order to guarantee safe use of the Service and payment of the applicable charges, you undertake that (a) the personal information provided on the registration form (hereafter referred to as the "Registered Information") is accurate and complete. If the Provider is of the opinion, as it sees fit, that the Registered Information is incorrect or incomplete, the Provider is entitled to suspend or terminate your subscription and/or to terminate its relationship with you and/or to deny you the use of the Service or part of it, now on in the future. You are responsible for keeping passwords and/or other information the Provider gives you confidential and you are fully responsible for all actions carried out by using your password or the other information provided. You undertake to log off at the end of each session on the Sites (by closing your browser window) and that you will contact the Provider if you notice or suspect that your password or relationship with the Provider has been used without authorisation or if the safety or protection of the Registered Information can no longer be guaranteed for some reason. The Provider may grant you access to certain Services without you having to register as a user, for example for registering your mobile phone for the SMS service. In that event, your identification will be based on the method we deem appropriate, such as your mobile telephone number. You will in any case receive a welcoming message from the Provider. We ask you to check the message and to save it to the memory of your mobile phone.
PRIVACY POLICY AND DATA PROCESSING
The privacy of the users is extremely important to the Provider. For that reason, we have established a separate privacy policy, which is an integral part of the General and Specific Terms and Conditions and the Provider's Supplementary Conditions. You acknowledge that the Provider is entitled to gather and process "personal information", "financial information" or "demographic and user information" ("the information") in relation to the Service. We may forward the Information to your mobile network provider and/or gateway services provider for the purpose of collecting the amounts you owe and this information gathered by the Provider may be stored and processed in the country in which the Provider or its representatives have certain provisions. By using the Service, you agree for such Information to be transferred to outside your country. By using the Provider's Service, you agree with this privacy policy, the data protection policy and the General and Specific Terms and Conditions. Please do not use our Service if you do not agree to those terms. We reserve the right to amend, expand or cut down this privacy policy, data protection policy and the General and Specific Terms and Conditions at any time. Unless explicitly provided to the contrary, the General and Specific Terms and Conditions, the data protection policy and the privacy policy apply to all existing and new applications through which the current Service is expanded or improved. It is therefore advisable to consult those pages regularly.
SAFEGUARDING AND INDEMNIFICATION
You agree to indemnify the Provider and its holding companies, members, subsidiaries, associated companies, service providers, contractors, agents, representatives, licensors, managers, directors, shareholders and employees in relation to any claim, court case, reminder, claim or other procedure, submitted by a third party and caused by, as a result of or in relation to your (i) use of the Service, the content, the Software and the Sites, including but not limited to the downloads from the Sites (ii) any breach of these General and Specific terms and Conditions (iii) a contravention of the law, a regulation or the rights of a third party. (iii) You pay the costs and damages, including but not limited by any reasonable solicitors' fees and the costs imposed on or otherwise incurred by the Provider in relation to or arising from such a claim, court case, reminder, claim or other procedure.
USE, STORAGE, MONITORING AND REMOVAL OF INFORMATION
We reserve the right to check any advertising messages, text messages, public announcements and messages in order to ensure that they comply with the prevailing guidelines. Although we are unable to check all the messages sent by users of the Service and are not responsible for the content of these messages, we nevertheless reserve the right, without assuming the responsibility, to remove or move over profiles, public announcements and text messages which we judge to be at odds with our General and Specific Terms and Conditions or other applicable guidelines, or if we judge it in any way unacceptable. You yourself have full responsibility for the content of the profiles, public announcements and (text) messages stored on the Service or sent to users of the Service. If you are of the opinion that an advertising message, text message or public announcement on the Sites constitutes and infringement of the data protection act, you can read in our data protection policy what you can do about it. All text messages are screened and content with explicit pornographic content is removed. Users who behave inappropriately will be removed from the Sites. The Provider is entitled to terminate or cancel subscriptions or relationships that have not been active for a long time. You agree that the Provider is not responsible or liable if information provided through the Service are not stored or are removed by accident.
NOTICE AND TERMINATION
The Provider provides the user with the option of interrupting the information flow received via the SMS service. Information is available on the Internet pages associated with the Service and/or via the SMS service. The free welcoming message of the Provider also contains information on how to serve notice on the Service. In general, the information that is received via the SMS service can be interrupted by sending an SMS starting with the keyword STOP, or other information as contained in the Sites. You can send this message to the abbreviated number (the short code). For further details, see the Specific Terms and Conditions, the "landing page" of the Sites and/or click on your country's flag. In addition, you can send an email to the address given on the Sites and/or via the Service, or you can call the number, given in the Specific Terms and Conditions. In that case, the termination will take effect within 48 hours from receipt of the cancellation notice. However, the costs may still feature on your mobile phone bill for the following month, because mobile network providers invoice in arrears. The Provider can interrupt or terminate your use of the Service at any time as it sees fit and without any prior warning, removing and deleting the Registered Information within the Service. You agree that the Provider is entitled to sever its relationship with you with immediate effect and that any information in relation to this relationship, including any lists or files can be deleted or deactivated and/or that you may be refused any further access to the Service.
TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS
We may use advertisers and sponsors to reduce the charges you pay for using our Services. As a condition for using these services, you agree that we may feature advertisements and other promotions on our Sites, and that we can send you advertising and promotions through the SMS service or by other means in connection with our Services. You also agree not to try and block the advertising and promotions or not to prevent them in other ways. SOME COUNTRIES DO NOT ALLOW US TO SEND YOU PUBLICITY MESSAGES WITHOUT YOUR EXPLICIT PRIOR CONSENT. THE ABOVE MAY THEREFORE NOT APPLY TO YOU. The inclusion of advertising or promotions on our Sites or in our Services does not imply that the Provider condones the content and/or service concerned and/or the product, service or company concerned. We aim to ensure that the advertising and promotions are of interest to our users. You have the right to ask us at any time not to approach you (any longer) with direct marketing. The Provider does not participate in and is not in any way responsible for any transactions in relation to products or services that are made available by said third parties, or for the content or information provided in relation to products or services of third parties. You agree that the Provider is not liable for any damages of any nature whatsoever resulting from those transactions.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You realize and agree that the content and Software used in connection with the Service, hereafter referred to as the Software, contains confidential information which is protected by officially registered and applicable intellectual property rights and by prevailing legislation on intellectual and industrial property rights and other legislation. Unless provided to the contrary elsewhere in these General and Specific Terms and Conditions, the rights, title and stake in the intellectual property rights or other rights in relation to the immaterial things that are used, developed, incorporated, embodied or exercised in relation to the Service ("intellectual property rights") are owned by the Provider or his licensors and you agree that you have no interest in or that you will lay no claim to the intellectual property rights. You acknowledge that no rights in connection with the intellectual property have been transferred to you and that you did not acquire any implicit or explicit rights in relation to the Service, other than the rights explicitly granted in these General and Specific Terms and Conditions. With "intellectual property rights", we refer to the rights assigned by legislation in relation to patents, data protection, trade secrets, brand names and any other property rights, as well as the application, innovation, extension and restoration of it, which is currently valid or which will take effect in the future on a global scale. You acknowledge that all brands featured in the Software and on the Sites are the property of the Provider, or of the respective owners of those brands and that they are protected by national and international legislation on trade names or business names and copyright laws. Any use of the brands featured in the Software and on the Sites without the explicit written permission of the Provider or the brand owner is explicitly forbidden. ‘Game On' is a trade name of the Provider
Furthermore, you realise and you agree that the information in publicity messages from advertisers and/or sponsors or the information you are provided via the Service is governed by copyright laws, patents or other property rights and legislation. You undertake not to change, hire, let out, make available, lease, borrow, loan, sell, distribute, create or generate the content or the products and/or services obtained in part or as a whole from the Service or the Software, except with the explicit written agreement of the Provider and insofar it has been given. The Provider hereby grants you - and you hereby accept - a personal, limited, non-transferable, non-exclusive, revocable and inalienable licence and agreement to install the Software and to download the content, the user's code of the Software, to use the Service by means of an appropriate mobile piece of equipment designated for the purpose, solely for your own personal, non-commercial use and to use the Software and Sites solely in conformity with these General and Specific Terms and Conditions, provided that you do not copy the Software, source codes or content, nor change or alter them or produce a derived product, service or content nor reproduce, amend, export, transfer, distribute, sell, retail, create, or reduce them to the source code (reverse engineering) or disassemble them (reverse assembly) or try in another way to retrieve the source code (or allow third parties to do so), or to use the Software and content or to make it available unless this is explicitly permitted in these General and Specific Terms and Conditions and on the conditions that you do not sell the rights in relation with the content, the Software and the intellectual property rights, or code them, grant sublicenses, encumber them with security rights or transfer them in any other way. You guarantee that you will not amend the content, the Software and the intellectual property rights in any way or not use amended versions of the Software or use intellectual property rights, including (but not limited to) gaining unauthorised access to the Service. You guarantee that you will only use the interface provided by the Provider to gain access to the Service. The Provider hereby grants permission to make one copy only of the information on the equipment you use to gain access to the Service and to use and reflect the copy of the registered information made in relation to that equipment for personal purposes.
PROPRIETARY RIGHTS IN CONTENT
(a) Zaryo Content
You represent and warrant that: the posting of your Content on does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on.
Zaryo Content is protected by copyright, trademark, patent, trade secret and other laws, and Zaryo owns and retains all rights in the Zaryo Content and the Zaryo Services. Zaryo hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Zaryo Content (excluding any software code) solely for your personal use in connection with viewing the Zaryo Website and using the Zaryo Services.
Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Zaryo Services.
(b) Content Posted
Zaryo may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Zaryo violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Zaryo assumes no responsibility for monitoring the Zaryo Services for inappropriate Content or conduct. If at any time Zaryo chooses, in its sole discretion, to monitor the Zaryo Services, Zaryo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Zaryo Services, and any material or information that you transmit to other Members and for your interactions with other Users.
(c) Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Zaryo Services. Zaryo reserves the right to investigate and take appropriate legal action against anyone who, in Zaryo 's sole discretion, violates this provision, including without limitation, removing the offending Content from the Zaryo Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Zaryo:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
FEES
Current service costs cost £1,50 per message (a maximum of 3 messages per week), until you send STOP to 78889. Standard message charges apply. Zaryo keep the rights to change the rates any time. Users will be notified of any change in the cost of using the service at the time of the change coming into effect. We are not responsible for paying any amounts billed to your credit card or mobile phone bill by a third party which were not authorized by you, or through your non-understanding of these conditions.
Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill. The ability to receive text messages to Your mobile phone is dependent on individual mobile operator agreements and subscriptions, your SIM card settings and your phone settings.
We are not responsible for paying any amounts billed to your credit card or mobile phone bill by a third party which were not authorized by you, or through your non-understanding of these conditions.
All fees are due immediately and are non-refundable, except as otherwise expressly noted.
LIABILITY WAIVER
THE PROVIDER, ITS DIRECTORS, MANAGERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS ("PROVIDING PARTIES") DO NOT ACCEPT ANY LIABILITY FOR DAMAGE CAUSED BY ANY USE YOU MAKE OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES. YOU UNDERSTAND AND EXPLICITLY AGREE THAT:
THE SERVICE, CONTENT, SOFTWARE AND SITES ARE PROVIDED ON AN "AS IS" BASIS AND AN "AS AVAILABLE" BASIS, WITHOUT ANY GUARANTEE WHATSOEVER. INSOFAR AND TO THE EXTENT IT IS LEGALLY PERMITTED, THE PROVIDING PARTIES EXPLICITLY WAIVE ANY LIABILITY, BE IT EXPLICIT, IMPLICIT, STATUTORY OR OTHERWISE, IN RELATION TO THE SERVICE, CONTENT, SOFTWARE AND THE SITES, INCLUDING BUT NOT LIMITED TO THE IMPLICIT GUARANTEE OF THE PROPERTY RIGHT, THE SALEABILITY, THE SUITABILITY FOR A PARTICULAR PURPOSE AND THE NON-VIOLATION OF PROPERTY RIGHTS;
THE PROVIDING PARTIES DO NOT ACCEPT ANY LIABILITY IN RELATION TO THE SAFETY, RELIABILITY, TIMELINESS AND COMPLIANCE WITH THE SERVICE, CONTENT, SOFTWARE AND THE SITES. THE PROVIDING PARTIES DO NOT GUARANTEE THAT THE SERVICE, CONTENT, SOFTWARE AND SITES WILL MEET YOUR EXPECTATIONS OR THAT THE SERVICE, THE CONTENT PROVIDED, THE SOFTWARE AND SITES WILL NOT BE INTERRUPTED OR BE FREE OF ERRORS;
RECOMMENDATIONS OR INFORMATION WHICH YOU MAY RECEIVE VERBALLY, IN WRITING OR THROUGH OUR SERVICES, DO NOT CREATE ANY GUARANTEE THAT IS NOT EXPLICITLY RECORDED IN THE CURRENT GENERAL AND SPECIFIC TERMS AND CONDITIONS. YOU SHOULD NOT RELY ON THAT INFORMATION OR ON THOSE RECOMMENDATIONS;
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE DOWNLOADING AND/OR USING THE SERVICE, THE CONTENT, SOFTWARE AND SITES AT YOUR OWN WILL AND AT YOUR OWN RISK AND THAT YOU ARE THE ONLY LIABLE PARTY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR FOR THE LOSS OF DATA AS A RESULT OF DOWNLOADING OR USING THE CONTENT, THIS SOFTWARE AND SITES;
IN RELATION TO THE CHAT SERVICES: THE MOBILE CONTENT SERVICES, INCLUDING THE SMS SERVICE, ARE ONLY INTENDED FOR ENTERTAINMENT PURPOSES; PHOTOGRAPHS OF PEOPLE SHOWN ON TELEVISION, ON THE INTERNET AND/OR ON MOBILE PHONES ARE ONLY INTENDED FOR THE PURPOSE OF ILLUSTRATION. THEY ARE NOT THE PEOPLE WHO ARE ACTUALLY PROVIDING THE SERVICES TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE WHATSOEVER, INCLUDING NEGLIGENCE, WILL THE PROVIDING PARTIES BE LIABLE TO YOU OR TO A THIRD PARTY FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, ADDITIONAL, EXTRAORDINARY, MORAL, SUPPLEMENTARY, LEGAL LIABILITY OR CONSEQUENTIAL LOSSES (INCLUDING DAMAGE DUE TO LOSS OF COMMERCIAL INCOME, STOPPAGE OF OPERATIONS, LOSS OF COMPANY INFORMATION ETC.) AS A RESULT OF ANY USE, ABUSE OR INABILITY TO USE THE SERVICE, ITS CONTENT, SOFTWARE AND SITES, ALSO IN THE EVENT THE AUTHORISED REPRESENTATIVE OF THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY THAT THE DAMAGES MIGHT OCCUR (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). IN SOME COUNTRIES, LIMITING OR EXCLUDING LIABILITY FOR SUPPLEMENTARY OR CONSEQUENTIAL DAMAGES IS PROHIBITED, SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF THE PROVIDING PARTIES TO YOU FOR DAMAGES, LOSSES AND LEGAL CLAIMS (ARISING FROM A CONTRACT OR FROM AN ILLEGAL ACT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT THAT YOU PAID TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND THE SITES.
GENERAL INFORMATION
These General and Specific Terms and Conditions replace all previous agreements between you and the Provider. If you use supplementary services, materials or software from third parties, supplementary general terms and conditions may apply. The national legislation of the country or the state where you are living applies to the relationship between you and the Provider, regardless of the conditions and provisions of the prevailing international law. The application of the United Nations Convention of Contracts for the International Sale of Goods ("the Vienna Sales Convention") is explicitly excluded. Disputes will be settled by means of arbitration in accordance with the rules compiled by the arbitration institute based in the country you reside in. In the event the Provider does not exercise or enforce certain rights or conditions set out in these General and Specific Terms and Conditions, it does not mean that he therefore waives or rejects those rights or conditions. If a provision in these General and Specific Terms and Conditions is declared to be invalid or non-enforceable, by a judge with the necessary competence to do so or by a designated mediator, that observation has no effect on the validity or enforceability of the other provisions of these General and Specific Terms and Conditions. If we do not pursue our rights arising from these General and Specific Terms and Conditions in the event of violations described in this Agreement, it does not imply that we waive those rights, in the event the violation reoccurs. The headings of the articles used in these General and Specific Terms and Conditions have only been inserted to facilitate reading them and they cannot in any way whatsoever affect the way in which the scope or extent of the article concerned is defined, limited, interpreted or described.
Privacy Policy
PRIVACY POLICY
The Provider attaches a great deal to the privacy of its users. Therefore, we have drawn-up a separate privacy policy, which is an integral part of the Provider's General and Specific Terms & Conditions and Supplementary Conditions. You will acknowledge that the Provider will be entitled to collect and process "personal information", "financial information" or "demographic and user information" ("the Information") in relation to the Service. By using the Provider's Service you are agreeing to this privacy policy, the copyright policy and the General and Specific Terms & Conditions. If you are unable to agree to these terms, then you will be unable to use our Service. Unless otherwise explicitly stated the General and Specific Terms & Conditions, the copyright and privacy policy are applicable on all new applications, which extend or improve the current Service. We would therefore recommend you consult these pages regularly. This website and WAP site ("the Sites") are the property of and are managed by the Provider ("we" or "us").
MODIFICATIONS TO THE PRIVACY POLICY
We reserve the right to modify, extend or limit this copyright policy, the privacy policy, as well as the General and Specific Terms and Conditions at any time. Given that all modifications will be included in these pages we would advise you to regularly consult these pages. Your continued use of the Service and use of any potential extensions and improvements to the Service will be taken to assume that you agree to the modified Service.
THE INFORMATION WE COLLECT
We collect and process "personal details" (details which may be used to contact you, such as your full name, (postal) address, telephone number, email address and MSISDN ("('mobile station integrated services digital network number'") and/or details relating to SMS messages received from or sent by Provider, "financial details" (such as credit card numbers, information about your bank account numbers or passwords) or "demographic and user's details" (information provided by you or which we collect, that is neither personal nor of a financial nature, but which is required for our Service to work properly and is necessary for payment of our Service, such as the nature of the Service, the make and type of your mobile telephone, start dates, the end and duration of your use of the Service, the type of browser you use, web browsing patterns and your IP address), associated with the Service. We reserve the right to pass on your personal details, your financial details and/or demographic and user details ("the Details") to your mobile network provider and/or your gateway service provider in order to guarantee payment of the amounts owed. Information of this kind collected by the Provider may be stored and processed in the country where the Provider or companies associated with the Provider in a group have facilities. By using the Service you are agreeing to the cross-border exchange of your Details.
HOW WE USE YOUR DETAILS
The Provider will provide you with an extensive offer of online and mobile entertainment and information content via the Service. We will use personal details in order to provide our Service, as well as for our Customer Service. Your personal details will be used by us to answer your queries, process your transactions and for sending offers, improvements and for promoting our Service via SMS messages and via the Sites. We will be entitled to use your personal details, unless you expressly inform us not to, in order to contact you about our services, products, aspects of the Service we believe you may be interested in or for other purposes which may arise from time to time. We may also use your personal details in order to contact you about the use of our Sites or alterations to our privacy policy, Copyright policy, the General and Specific Terms & Conditions or other conditions concerning the relationship between you and use of our Sites. In addition, we may use the Details to improve our content and navigation on our Sites or for other internal purposes. Finally, we reserve the right to share your personal details with other business partners who wish to contact you concerning their products and services and who will potentially want to offer you the opportunity to acquire these products and services. Some countries will not allow us to send you advertising message without your prior explicit approval. It may therefore be possible that the above information does not apply to you.
If you should select to "opt-out" of us sharing your personal details with business partners for commercial purposes, we would ask you to inform us of this at the point you provide us with your personal details. If you change your mind at a later stage you can send an email to the address referred to on the Sites or via the Service you have been informed about. You are also able to call us on our Customer Service number, which can be found in the Specific Terms & Conditions. After this point we will no longer share your personal details with third parties. We would like to point out that the removal of your personal details or changes requested by you will not take effect immediately. We use anonymous personal details for internal purposes and in order to help us in offering the Service and for interactions with visitors to our Sites. We also reserve the right to individualize anonymous data and to adapt the Service to you and to send you targeted advertisements based on "keyword searches". We may also combine the Details we collect with third parties or generally available details with your Details.
When you register for the Service or for the use of other aspects of the Service, we will collect your mobile telephone number and the identity of your mobile network provider. By using the Service you are agreeing for us to provide your mobile telephone number to our partners and third partners where this is necessary for processing your transactions. These third parties may consist of mobile network providers and/or gateway service providers which are used by the Provider in order to process the transactions. We may utilize third parties hired by us to help us operationalize the Service for you, such as authorization of your transactions and we may share these details with these parties for limited purposes. If our company is sold or merged with another business or the company is declared bankrupt, some or all of your collated details will be passed on to a third party. Finally, we may provide your details to certain parties if required by law or where this safeguards the security of the Provider or users of the Service.
COOKIES
We may make use of "cookies" on the Sites in order to improve your experience on the Sites. Cookies are objects which we transfer to the hard drive of your computer via our Web browser in order to allow our systems to recognize your browser and in order to provide your computer with certain features. Cookies by themselves are unable to tell us anything about your email address or other personal details, unless you choose to provide us with these details, for instance, by registering on the Sites. However, once you become one of our clients and provide our Sites with personal details, these details will be linked to the data stored in the cookie. Therefore, we use cookies to support your use of the Sites and to improve the content and Services on our Sites. For instance, we may use cookies to personalize your visit to our Sites (for instance, in order to recognize you when you return to our Sites). You may change your browser settings which may lead our or other website providers' cookies being refused. You should consult the "Help" section of your browser for more information. However, we would like to point out that some pages on our Sites are only accessible with the aid of cookies or similar objects and you should be aware that blocking cookies or similar objects may prevent you from accessing some contents or Services.
16 + OR OLDER
Neither the Service nor the Sites are intended to be used by children. There may be instances that we inadvertently collect personal details from users who have not reached the age specified in the Specific Terms & Conditions. These details will be removed.
LINKS
The Sites may contain links to other websites. The Provider has no control over these websites and is not responsible or liable for the availability or content, advertisements, products or other material stored on these websites. The Provider cannot be held responsible or liable, either directly or indirectly, for any damage or loss resulting from or caused by another user relating to the above. Your access to and use of the linked websites, including the contents therein, is entirely at your own risk.
SECURITY
The safeguarding of your details is of great concern to us. We employ the best industrial technology to safeguard the security of your information. Unfortunately, there is no 100% guarantee that the data transfer via the internet and via the mobile communication network is safe. The consequence of this is that, although we will do everything we can to protect your details, we are unable to guarantee that the information you send through us is totally secure.
ACCESS TO YOUR INFORMATION
The Provider will offer you the opportunity to revise or remove the personal information you have provided us or to change your preferences by sending an email to the address included in the Specific Terms & Conditions, describing whether your would like to change your details or remove them from our database, or whether you wish to opt-out of receiving messages from us or from third parties. You can also contact us on the Customer Service number found in the Specific Terms & Conditions. The removal of details or opting out of receiving messages from the Provider or third parties will only ensure that the data is removed from our database with the aim of stopping future communications from us and third parties. This removal will have no effect on the information that has already been collated and which has potentially already been shared with third parties, as described in this privacy policy. We would advise you to contact these third parties directly to remove the personal details, which they may potentially use to contact you
COPYRIGHT POLICY
The Provider ("we", "us") will respect the intellectual and industrial property rights ("the IP rights"), including, but not restricted to, copyright belonging to third parties and we expect that the users of our Service, as described in further detail in the General and Specific Terms and Conditions, will do the same. In any given circumstance, we will be entitled to exclude users of the Service, where they - in our opinion - have infringed IP rights, as described in further details in the General Terms and Conditions.
We reserve the right to modify, extend or limit this copyright policy, the privacy policy, as well as the General and Specific Terms and Conditions at any time. Given that all modifications will be included in these pages we would advise you to regularly consult these pages. Your continued use of the Service and use of any potential extensions and improvements to the Service will be taken to assume that you agree to the modified Service.
If you believe that your posts have been distributed and/or otherwise made public through the Service, on this website or through the Wap site ("the Sites") without your prior approval in such a way that this is infringing or has infringed your IP rights or that these rights have been infringed in any other way, we would ask you to inform our Customer Service team, whose details are included in the Specific Terms & Conditions, of the (alleged) infringement. The following information will need to be reported:
a specific description and location(s) of the posts;
your name, address, mobile telephone number and email address;
a statement detailing that neither you and/or any individual authorised by you have given permission for the posts to be distributed and/or made public, and that these posts are not restricted by any statutory stipulations;
a statement declaring that the information provided to us is indisputably complete and truthful and that you are the legal owner of the IP rights associated with these posts.
The customer service team may be contacted by email. The address is available on the Sites and through the Service. You may also contact the team by telephone on the number provided in the Specific Terms & Conditions.
We reserve the right to block or remove the posts from the Sites as soon as your complaint reaches us. If in our opinion there is evidence of posts which could infringe your IP rights, we will block or remove these posts and we will do our best to determine the identity of the infringing party. In addition, we will inform this party of the infringements incurred and the fact that the infringing posts have been removed from the Sites.
The party whose infringing posts have been blocked or removed based on this copyright policy will be entitled to appeal. The party will be required to provide our customer service team with the following information:
a specific and complete description of the posts that have been blocked or removed, including the location of these posts prior to being blocked or removed, including the URL;
a statement providing indisputable evidence that the posts have been blocked or removed as a result of demonstrable errors or faults or a statement demonstrating that the blocked or removed posts have been incorrectly identified as such;
the party's name, address, mobile telephone number and email address and a statement that the party agrees to the dispute potentially being adjudicated by a competent court as described in the General Terms & Conditions.
We will post the appeal to you as soon as it is received and we will find for the party who in our opinion has proven their case. Where we find for you, we will do our best to ensure that the infringing posts are kept from the Service and Sites. Where we have found for the other party, we will not attempt to keep the posts erroneously characterised as infringing your rights from the Service and Sites and/or place these back on the Service and Sites within five working days, unless you notify us within this period of time that you have submitted the dispute to a competent court as described in the General Terms & Conditions. You should send evidence of your court submission to us.
Any questions? Just send us an email us at smssupport@zaryo.co.uk or call us on our customer services telephone number,020-32868020












