Terms and Conditions Global Moderating Associates Ltd.

General Terms & Conditions

 

The following General Terms and Conditions are applicable to the content and services supplied via Short Messaging Services ("SMS") by Global Moderating Associates Ltd. and its affiliates ("GMA," "Provider" "Company", "Our" or "Us"), as well as the use of the web site at www.chatting4you.com (the "Site")./span>

 

PLEASE READ THESE TERMS CAREFULLY, AS ACCEPTANCE OF THE SMS CONTENT AND SERVICES AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.  Provider may modify this Agreement from time to time in its sole discretion and such modification shall be effective upon posting by Provider on the Site. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement incorporates and includes ProviderŐs Privacy Policy.

 

1. DESCRIPTION OF THE PROVIDER.

By means of SMS services (SMS = Short Message Service), hereinafter to be referred to as the Service, the Provider supplies its users access to a network of on-line sources, including on-line games, on-line chat services and on-line information material. The General Terms and Conditions are at all times applicable to all new facilities that constitute any expansion, extension or improvement of the present Services, including any extension to new functions added by the Provider.

 

2. 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 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 make use of the Service, you are required to have access to the Internet and/or a means of mobile communication. 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. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

 

3. PAYMENT.

Charges of the daily mobile content services, i.e. SMS Service, will be billed on wireless phone bill or deducted from balance. Separate wireless provider text message fees apply. You have access to our on-line services free of charge. Regarding the SMS Service and the use of it, you pay amounts corresponding to the applicable rates of the Provider, which amounts are listed on the telephone bill you receive from the operator of your telephone network. The payment conditions of any third party are applicable to invoices issued by that third party. You pay the Provider all national and local or other taxes (excluding taxes based on the Provider's net profit), including but not restricted to sales transaction taxes, occupancy-related property tax and tax on games of chance or any levies imposed in lieu thereof, which taxes are based on the costs due for the use of the Service, 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.

 

4. ELIGILBILITY.

Users must be legal residents of majority age in State of residence and authorized account holder. This is an adult service. By selecting any of the options you acknowledge and confirm that you are a legal resident of majority age in State of residence.

 

5. 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 and complete and (b) you see to it that this registered information is at all times correct, up to date and complete. If the Provider has a reasonable suspicion that the 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.

 

6. PROCESSING OF INFORMATION.

The Provider attaches great importance to the privacy of its users.

 

7. INDEMNIFICATION.

You undertake to indemnify the Provider and its subsidiaries, affiliated enterprises, functionaries, representatives or other partners, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Service as a result of your connection with the Service, your use of the Service, or any violation committed by you of the General Terms and Conditions or rights of others.

 

8. PROHIBITION ON RESALE OF THE SERVICE.

You undertake not to reproduce, copy, sell, resell or use the Service, or any part of it, or access to the Service for commercial purposes.

 

9. GENERAL RULES REGARDING USE AND SAVING OF INFORMATION.

Regarding the use of the Service you agree to the general rules, rules of play, promotional conditions and restrictions established by the Provider. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend these general rules, rules of play, promotional conditions and restrictions. The Provider is entitled to annul accounts that have remained inactive for considerable periods of time. You concur with the arrangement whereby the Provider bears no responsibility or liability in the event that information sent or provided by means of the Service is not saved or is deleted in error.

 

10. ALTERATIONS TO THE SERVICE.

The Provider may at any time alter or terminate the Service, or any part of it, either temporarily or permanently. You concur that the Provider is not liable in respect either of any third party or you as a user in the event that the Service is altered, terminated or suspended.

 

11. TERMINATION.

At its own discretion and regardless of the reasons for doing so, the Provider may terminate use of the Service by you and destroy and remove Information within the Service if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained by it without delay, and/or deny you all further access to the Service. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Service without issuing prior notice.

 

12. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.

Any dealings performed between you and sponsors and/or advertisers, or any participation in promotions by sponsors and/or advertisers that have been located on the Service, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and the sponsor and/or advertiser. You agree that the Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Service.

 

13. 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 that 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 provided you do not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software. 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 just 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.

14. TRADEMARK.

You agree that without prior permission from the Provider, you will not use or display in any manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or logos used in connection with the Service.

 

15. GENERAL INFORMATION.

These General Terms and Conditions take the place of all previous agreements between you and the Provider. If you use any additional service, material or software from third parties, additional General Terms and Conditions may be applicable to you. European law is applicable to the relationship between you and the Provider, regardless of any provisions of applicable international law. Disputes will be submitted to a National competent court. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the court must attempt to satisfy the wishes of the parties reflected by that stipulation, while the other stipulations of the General Terms and Conditions remain unimpaired.

 

16. CODE OF CONDUCT.

You agree to use the Service in accordance with the following Code of Conduct:

1. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; and
2. you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, language or images; and
3. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; and
4. you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and
5. you will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and
6. you will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.

 

17. MONITORING OF INFORMATION.

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

 

18. REMOVAL OF INFORMATION.

While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the users of the Service.

 

19. TERMINATION OF ACCESS TO SERVICE.

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

 

20. CANCELLATION.

The Provider allows the user the possibility to interrupt the flow of information received via SMS (Short Message Service). We offer you this facility on the Internet pages that belong to the Service. Generally, information received via SMS can be interrupted by sending an SMS message with the word STOP. You can send this message to the abbreviated number you used for entry. So to stop send STOP to the 6 digits shortcode.

 

21. SECURITY AND PROTECTION.

The infrastructure and programmes are constructed and protected in such a way that it can be reasonably assumed that unauthorized persons cannot gain access to any information about users. Please refer to our General Terms and Conditions regarding liability of the Provider.