GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY
The following General Terms and Conditions are applicable to the products and services supplied via WAP,
SMS, GPRS and 3G by Sam Media Ltd., or enterprises affiliated to it, (hereinafter to be referred
to as “the Provider”). The Provider is permitted to amend these General Terms and Conditions from
time to time without notice. Apart from the General Terms and Conditions, any applicable and publicized
rules, promotional conditions, guidelines and provisions pertaining to the services also apply to
you and the Provider upon the use of the Services (as defined herein) of the Provider. All those
guidelines, rules, promotional conditions and provisions will be considered an inextricable part
of these General Terms and Conditions. By availing yourself to use the Services of the Provider,
you agree to be bound by these General Terms and Conditions and the guidelines, rules and promotional
conditions.
DESCRIPTION OF THE PROVIDER.
By means of WAP, SMS, GPRS and 3G services, the Provider supplies its user’s access to a network
of on-line sources, including on-line games, text messages, rich content and on-line information
material which may be downloaded onto mobile telephone or whatsoever devices (“Services”). The General
Terms and Conditions are at all times applicable to all new facilities including facilities which
the Provider may implement as part of the Provider’s expansion, extension or improvement of the present
Services, including any extension to new functions added by the Provider.
AVAILABILITY.
The Service is supplied as is (at the stage of development it happens to be in) and the Provider
accepts no liability nor does it issue any guarantees or warranty in the event that personal configurations,
information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly
delivered. In order to subscribe to the Service, you are required to have access to the Internet
and/or a mobile communications subscription and pay any service fees associated with such access.
You are required to pay all expenses incurred in creating such access. You are also responsible for
seeing to the connection of any necessary equipment, including any mobile telephone or personal computer
or whatever devices that may be necessary needed and are in working order and suitable for use in
connection with the Service.
3. PAYMENT.
You have access to our on-line services free of charge. With regards to the Services and the use
of it, you shall pay the amount corresponding to the applicable rates of the Provider in force at
that time and according to the rates charged by your mobile operator. The charges shall be invoiced
to you via your mobile operator through the mobile bill you receive from the mobile operator of your
network. You pay the Provider all national and local or other taxes, including but not restricted
to VAT, any taxes or levies imposed in lieu thereof, which taxes are based on the costs due to the
use of the Services, regardless of whether those taxes are levied either now or in the future by
European, national or local authorities or by any other body or bodies authorized to levy taxes.
The Provider reserves the right to change the rates for the Service by posting details of such changes
on its website.
REGISTRATION OBLIGATION.
In order to warrant safe and secure use of the Service, you guarantee the following, in addition
to paying the applicable charges: (a) your personal information (hereinafter to be referred to as
the “Registered Information”) provided on the registration form is correct, true, accurate and complete
and (b) you agree to ensure that the Registered Information is at all times correct, up to date,
true, accurate and complete. If the Provider has a reasonable suspicion that the Registered Information
does not reflect a true state of affairs, or is not accurate or complete, then the Provider is entitled
to suspend or terminate your account and to withhold both current and future use of the Service,
or any component of it. You yourself are responsible for maintaining the secrecy of any passwords
and/or accounts issued to you by the Provider, and you are fully liable for all actions carried out
involving the use of your password or account. You undertake at the end of each session to close
your account (by closing your browser) and to contact the Provider if you notice or suspect that
unauthorized use has been made of your password or account, or that security or protection is no
longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage
arising from your failure to observe the stipulations of this article.
OWNERSHIP RIGHTS OF THE PROVIDER.
You are aware and agree that the Service and software used in connection with the Service, (hereinafter
to be referred to as the “Software”), contain confidential information which belongs to the Provider
is protected by valid and applicable intellectual and industrial ownership rights legislation and
other legislation. You are also aware and agree that copyright, trademarks, service marks, patents
or other ownership rights and laws are applicable to Information published in sponsors' advertisements
or information offered to you via the Service. You undertake, either partially or wholly, not to
amend, rent, rent out, borrow, lend, sell, distribute or create products derived from the Service
or the Software except in the event that the Provider has given you explicit written permission to
do so. The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission
to use the working code of its Software, provided you do not copy or alter any source code whatever,
or create a product derived from it, or carry out any reverse engineering or reverse assembly on
it or in any other way attempt to find a source code (or permit third parties to do so) (except if
and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect),
and you agree not sell, encode, sublicense, encumber with security rights or transfer in any other
way any rights connected with the Software to any person or entity. You undertake not to alter the
Software in any way whatever or to use any altered versions of the Software for the purpose of gaining
unauthorized access to the Service or for any other reason. In gaining access to the Service, you
undertake only to make use of the interface supplied for that purpose by the Provider. The Provider
hereby grants you permission to make one copy only of the Information on the equipment you use for
gaining access to the Service, and to use and display the copy of the Information made on that equipment
for private purposes.