5. RELEASE OF PRIZES.
In order to receive a prize you have won you must be registered with the Provider, in accordance with article 4 of these General Terms and Conditions. The information supplied must be valid in order to qualify for the prize. Prizes are released to users 16 years of age and older who are resident and in possession of a postal address in Malaysia. In the event of doubt regarding the user's age, the Provider is at all times entitled to request a copy of a valid identity document before releasing any prize. All entitlement to prizes is forfeited if we have not received a copy of an identity document within 21 days of requesting it from you. Monetary prizes are only paid into your bank accounts with a legally recognised bank in Malaysia upon providing the Provider with the correct banking information. Prizes paid out by the Provider are inclusive of tax. Upon acceptance of any prize, the user authorizes this Provider to make use of his or her name for promotional activities. The Provider cannot guarantee that the prizes supplied correspond to the photographs displayed on the Provider's website. If the Prizes shown on the Provider’s website are no longer available, the Provider shall be entitled to replace the prize at any time which the Provider deems fit. Prizes are released 90 days after the Provider has announced the winner. Any expenses, such as (but not restricted to) bank and postal charges, are borne by the winning party. Enterprises and/or legal entities and/or sponsors, employees and business partners are barred from participating. No correspondence of any kind will be entertained by the Provider regarding the results.
6. PROCESSING OF INFORMATION.
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 agree with the arrangement whereby the Provider bears no responsibility or liability to you 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 agree that the Provider is not liable to any third party or you as a user in the event that the Service is altered, terminated or suspended.
You agree that the Provider shall at its own discretion and regardless of the reasons for doing so, the Provider may terminate use of the Service, destroy and remove the content and 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 in 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 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.
YOU EXPRESSLY AGREE THAT:
a) THE PROVIDER DOES NOT IMPLICIT OR EXPLICIT PROVIDE ANY GUARANTEES OR WARRANTY OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT WARRANT THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THE MATERIAL;
d) NO GUARANTEE, WARRANTY, REPRESENTATION THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICE
14. LIMITATION OF LIABILITY.
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES INCLUDING FOR LOSS OF BUSINESS CONTRACTS, PROFITS, GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR ARISING FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICE. 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.
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.
16. 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 your 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.
The Provider will start the subscription service once the user has given permission to do so. You gives the Provider permission if you text in the keyword of the service to the short number of the Provider, for example by texting the word ON LOVE to number 36399. You will then receive a confirmation message confirming your subscription status and the service starts. In the case of a ringtone service you may be asked to text the type of phone you are using, before the service starts. If you fails to do so, you will be placed in the Nokia user group. Contact information will be provided you, so that you may stop the service at any time.
The Provider gives you the possibility of interrupting the flow of information received via SMS. We offer you this facility on the webpage where the Service is. Generally, information received via SMS can be interrupted by sending an SMS message starting with the keyword, i.e. your entry code, followed by a space and then the word STOP. You can send this message to the abbreviated number you used for entry. For example, to stop the LOVE service, send a message with the text LOVE STOP to number 36399.
20. 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.
Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement between you and Provider, and to allow you the best possible use of the Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional services offered by the Provider;
- may process the information in connection with the formation or maintenance of a direct relationship between the Provider and/or enterprises selected by it and you for the purpose of recruitment for commercial or charity. The Provider may anonymize that information and use it or offer it to third parties in anonymous form.
Your acceptance of this policy