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Ensure your phone is WAP, GPRS and MMS enabled and that your GSM network operator supports inter-operator WAP connectivity before using the service.*
WELCOME TO NOCUBAN.CO.UK! These terms of use are for the SMS, MMS, Internet and WAP based mPUSH Service (Service). This Agreement explains our commitment and obligations to you the user and your obligations to us as a user of the service; the Service enabling people to retrieve Content to their mobile phone. Content includes any data, text, video, audio, software, or other Content. The following terms of use are an agreement between 'Us' / 'We' (the operators of the SMS, MMS, Internet and WAP based mPUSH Service) and You (the user of the Service). To become, and to continue to be an authorised user of the Service You must abide by this agreement and all amendments made up to date. top BY USING THE SERVICE YOU ARE DEEMED TO HAVE A FULL ACCEPTANCE AND COMPREHENSION OF THESE TERMS OF USE AND YOU AGREE THAT THESE TERMS OF USE ARE LEGALLY BINDING IN THE SAME WAY AS IF YOU HAD SIGNED A PRINTED VERSION. top Limitations, conditions and restrictions can be imposed at any time in our sole discretion; it is your responsibility to keep yourself informed of changes by checking these terms of use every time you use the Service. top You must be at least 13 years of age and have parental permission to join the service and You agree that you are to indemnify Us or anyone associated with Us, from any loss, damages or consequences without limitation, including reasonable legal fees, which You may suffer, from your activities on, or from use of the Service, including without limitation any breach by You of this agreement or any charges or complaints made by other parties against You. You shall co-operate as fully as reasonably required in defense of any claim and shall remain liable for any such claim. top You accept that We have no liability, including but not limited to liabilities of contract, tort, or liability for negligence or otherwise, for any information's inaccuracies, unsuitability, quality or comprehensiveness. Any action You take, trusting the information sent through the Service is at your own risk and You accept that We will not be liable. top By sending a message (sms/mms/wap/internet/email) to the Service You are agreeing to all of these terms of use. In the event of a suspected or actual breach of security or abuse of the Service We may conduct operations different to as advertised, and access to the Service may cease. If operations are conducted differently to as published You remain responsible for all your and your network provider charges. top The Service is available as individual downloads or as a renewable subscription service basis depending on the plan you choose in accordance with the Termination and Cancellation of Services provision. The Subscription Service shall begin upon your request that has provided you with access to the Service. Access to the Service can be provided by delivering to you downloadable mobile entertainment content (e.g., by delivering a ringtone or an application portal by SMS) or by enabling you to download the product (e.g., by delivering a WAP-Push link). The subscription period is 1 week, 2 weeks or 1 month depending on the type of the subscription plan. You are always notified by SMS if you are joining a subscription plan. The Subscription plan and subscription period will be renewed each week or month as applicable and a new subscription fee shall become due for the concerned subscription period. The subscription plan shall remain in effect until terminated and/or cancelled by you or Us according to the Termination and Cancellation of Services. In the UK to cancel your subscription plan, send a text message with just the word "STOP" to 60999, or such other number as may be designated on our Website or SMS or send an e-mail to Ringtone Britains service providers support@txtnation.com, or phone +44(0)8701-994741. The termination shall become effective at the end of the billing period in which you gave your notice of termination. top Your subscription can at Our sole discretion, be terminated at any time and your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service. The Service Provider may cancel all or any of the Services (or individual services provided via the Services) or if We believe that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, the Service Provider 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 the Service Provider shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement. top You will be charged for this Service on a per message basis. We make no guarantee that the Service will function with your model of phone. The compatibility guide is based on third party information; We make no guarantee that the Service will function with your phone model. 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. top If We believe that there has been a breach of these terms of use we reserve the right to immediately and without notice withdraw or bar the Services and require you to delete any Content obtained from the Service. top We reserve the right to change these terms of use at any time. We reserve the right at any time to cancel, modify, suspend, terminate or supersede the Service if, in our sole discretion, at no cost to Us and/or with no breach to this agreement. top The Service is currently available and costs as advertised. The purchase of receiving messages is non-refundable. You agree to pay all fees and charges incurred in connection with your use of the Service. Message costs cannot be transferred between people using the Service. We may change prices by indicating so on the website from time to time. 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. top You agree not to use the Services for any inappropriate, morally wrong, fraudulent or unlawful purposes or to receive, download, handle or reuse any offensive, abusive, indecent, defamatory, or menacing; to harass, stalk, inconvenience or cause needless annoyance or anxiety to any person; for commercial purposes or to send unsolicited promotional material or spam; or in breach of any third party's intellectual property rights. top We also reserve the right to terminate your access to the Service for conduct that infringes other users' use and enjoyment of the Service. top As a result of using the Service You accept that, You may be charged by your network operator for connection charges or other charges. top We do not claim ownership of the material available on the Service. We are not responsible for Content and we make no guarantee that the Content you request is the Content that will be delivered. You agree to indemnify Us against any Content that you may receive via the Service. top We claim no copyright ownership of Content. Content is the property of the copyright owner. No Content may be reproduced that you obtain through the Service. You need the written consent of the copyright owner before you can reproduce, modify, transfer, distribute re-publish, post, or transmit the Content, including any adaptation of the Content. In breach of copyright or other intellectual property rights the Content owner(s) may make legal proceedings against You. In this event and any legal proceeding event, or other liability that may arise against You, You will be required to indemnify Us. top You agree to indemnify Us against any claims or legal happenings that are brought or threatened against Us by third parties resulting from your use or use from your mobile phone, or telecommunication device of the Service in breach of these terms. Any claim made against Us shall be limited to the amount You paid for the use of the Service during the preceding 12 months. top We reserve the right to disclose information about You to applicable regulatory or government bodies where any of your actions have breached these terms of use or where required by law to disclose this information. Although We make every effort, We cannot ensure, and will not be liable for the security and privacy of the information that You provide through using the Service. top You remain solely responsible for the Content received from the Service including, but not limited to, pictures, text, public postings, messages, video, sound and other materials that You may receive from the Service or send to others from the Service. You are responsible for your use of the Service through your mobile phone and any persons authorised or unauthorised by You or for whom You are responsible (e.g. as parent or guardian of a child). You agree to indemnify Us against loss or damage to any person, including where required any legal, technical or administrative charges that may arise from such use. We shall not be liable for any use of the Service that occurs as a result of loss, theft, or imitation of your SIM card. If you suspect or are aware of such abuse through your mobile number, please contact us through the advised channels and we will stop all activity through your mobile number. top You remain solely responsible for the Content received from the Service including, but not limited to, pictures, text, public postings, messages, video, sound and other materials that You may receive from the Service or send to others from the Service. You are responsible for your use of the Service through your mobile phone and any persons authorised or unauthorised by You or for whom You are responsible (e.g. as parent or guardian of a child). You agree to indemnify Us against loss or damage to any person, including where required any legal, technical or administrative charges that may arise from such use. We shall not be liable for any use of the Service that occurs as a result of loss, theft, or imitation of your SIM card. If you suspect or are aware of such abuse through your mobile number, please contact us through the advised channels and we will stop all activity through your mobile number. top You recognise that We may, from time to time, be adversely affected by events outside our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and will take all reasonable steps at our expense to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the Service. We will not be liable for any partial or complete failure in the transmission communications. We are not responsible for messages delayed by the speed of network provider delivery. We do not and cannot warrant that this Service shall be uninterrupted or error free. top We do not monitor or control the Content that providers distribute via the Service. You acknowledge that Content may be of an adult nature and accept that anything may be sent to you without holding Us responsible or liable. If you are perturbed in any way by Content please contact Us through the advised channels. top We do not take responsibility or endorse the opinions expressed by users. Therefore We cannot guarantee the quality, accuracy or merit of the Content in any text message. You are solely liable for all your activities while using the Service and are solely responsible for the consequences of those activities. We will not be liable for any of the Content of the Service or for any loss or damage incurred by your use of it. Any trust You place on information that is sent by other users is at your own risk. top You agree to keep any information you gain through the Service confidential unless the provider of the information gives their consent. You will not use the Service to infringe on the rights of any person. top SMS competition - terms and conditions: Terms and Conditions: 1) Entry is only open to residents of the United Kingdom aged 16 years or over and the entrant must have permission from the bill payer. Employees and their immediate families of txtNation or nocuban and any of their subsidiaries, and their agencies associated with this promotion are ineligible to enter. Any such entries will be invalid. 2) Winners will be contacted through the entrants mobile. 3) Entrants may enter as many times as they like. No responsibility can be accepted for lost, delayed, incomplete, or for electronic entries or winning notifications that are not received or delivered. Any such entries will be deemed void. 4) Prizes are non-transferable or exchangeable and no cash alternative will be offered. 5) txtNation or nocuban can take no responsibility for lost, delayed or incomplete entries or winning notifications that are not received or delivered. Any such entries will be deemed void. 6) The winners may be required to participate in future publicity with no fee being paid. 7) The Promoter reserves the right to withdraw or amend the promotion as necessary due to circumstances outside its reasonable control. 8) By entering this competition you are opting in and agreeing that you may be contact by carefully selected third parties with relevant offers and promotions. 9) Entrants are advised to print and keep safe these Terms and Conditions. 10) This competition shall be governed by and constructed in accordance with the laws of England and Wales. 11) For text related enquiries contact help@txtnation.com or call txtNation on +44(0)8701 994741 (calls charged at national rate). Contact 'Nocuban.co.uk' mobile service providers for support - support@txtnation.com |