TizMe Terms of Service
Last Updated: 14 June 2007.
The TizMe service ("TizMe" or "the Service") is operated by Mobedia Solutions Limited (whose
principal place of business is Rumjungle, Heath Ride, Wokingham, Berkshire, RG40 3QJ, United
Kingdom) and its
corporate affiliates (collectively, "us", "we" or "the Company"). This Terms of Service agreement
(the "Agreement" or "Terms") describes the terms in which you (an individual person who will be
referred to in this agreement as "You") will be able to use the Service.
Acceptance of Terms
In order to use the Service, you must first agree to the Terms. You may not use the Service if
you do not agree to the Terms. You can accept the Terms by clicking to accept or agree to the Terms
where the option is made available to by the TizMe user interface. Typically this would be on the
registration page for a new account, or in the case of an amendment to the existing agreement,
directly after signing-in with an existing account.
You may not accept the Terms and may not use the Service if You are (a) not of legal age to form
a binding contract with the Company, or (b) barred from using the Service under laws of the United Kingdom
or other countries including the country in which you are a resident, and the country you are accessing
the Service from.
If you are under age of 13, you may not accept the Terms.
If you are between the ages of 13 and 18, your parent or guardian must consent to the Terms on
your behalf. Make sure your parent or guardian is aware you are using the Service.
Corporations and other entities are not eligible to accept the Terms.
Agreement Amendments
We may amend this Agreement from time to time. Amendments shall be communicated to you the first time
you access your TizMe account after the changes take place. You will have the option to continue
using the Service under the new contract, or cancel and stop using the Service.
Use of the Service
Upon acceptance of the Terms, and completed registration, you will be given a TizMe account (the "account")
to access the Service with. You are responsible for all activity that takes place on the Service with
your account. You may not authorize any third party to access and/or use the service on your behalf. You
agree that you will only register one account.
You understand that except for advertising programs offered by us during use of the Service,
the Service is only available for your personal, non-commercial use only. You agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you will
not attempt, successful or otherwise, to reverse engineer the Service.
You agree that no materials of any kind submitted via the Service, or otherwise transmitted, posted
or shared by you on the Service will violate or infringe the rights of any third party. This includes,
but is not limited to, copyright, trademark, privacy, publicity or other personal or proprietary rights.
You warrant that such submissions will not contain libelous, defamatory or otherwise unlawful material.
In addition, You agree that you will not:
- use the Service in any way that harms us, our affiliates, partners, distributors, vendors, or
any of our customers.
- use the Service as destination from unsolicited or unauthorized advertising,
solicitations, or promotional materials ("spam").
- use any of part of the Service to post, share, or transmit or otherwise make available to us or
a third party any unsolicited or unauthorized advertising, solicitations, or promotional materials ("spam").
- "flood", overburden, damage, disable or impair the Service, or interfere with anyone else's use
of the Service.
- submit, upload, transmit, post, store or otherwise make available content that:
- would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create
liability or be deemed unlawful.
- contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or related equipment.
- based on the judgment of the Company, is objectionable or inhibits any other person from using or enjoying
the Service.
- impersonate any person or entity, or otherwise misrepresent yourself, your age or your
relationship or affiliation with any person or entity.
Password and Account Security
During registration You will be asked to chose a password. You may not disclose Your password to any
third party. We never ask You for Your password by telephone or email, and You should not disclose it
this way if someone asks You to do so. Although we may offer a feature that allows You to "save"
Your password on Your accessing "device" (such as a home computer), be warned that third parties may be
able to access Your device and thus access the Service with your account.
Termination
We may terminate this Agreement (including your access to the Service) immediately and without notice if
You breach this Agreement or infringe any third party intellectual property rights, or if we are unable
to verify or authenticate any information You provide to us, or use of the service, chat or any activity
whatsoever which is, in our sole discretion. If we terminate this Agreement under these circumstances,
You will lose access to the Service including prepaid period or services without refund.
Proprietary Rights
You agree that we (own all legal right, title and interest in and to the Service, including any
intellectual property rights which subsist in the Service (whether those rights happen to be registered
or not, and wherever in the world those rights may exist).
Your Content
You may be able to submit materials, including but not limited to photographs, for use in connection
with the Service (known as a "submission"). Except for content that we license to you, we do not
claim ownership of the materials you submit. You retain copyright and any other rights you already hold
for the submission. However by providing your submission you grant us a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to use, copy, distribute, display, publish and modify your submission,
each in connection with the service. You agree that this license includes a right for us to make the submission
available to other companies, organisations and individuals with whom we have relationships with for
the provision of the Service.
You confirm that you have all the rights, power and authority required to grant the above licence
for each submission you make.
You agree that your submissions are legally permissible content, and that publishing and use of your
submission does not breach the law. We may refuse to publish and remove submissions from the Service
at any time.
You agree that any questions, comments, suggestions, ideas, feedback or other information (collectively
known as "feedback") about the Service provided by You is a special case of a submission, and any rights you
have over this feedback shall be waived. You agree that any feedback delivered to us is non-confidential
and shall become the sole property of the Company. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of this feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to you.
Mobile Content
You may be eligible to receive Short Messaging Service ("SMS"), Multimedia Messaging Service ("MMS") and
WAP Push messages. We make no assurances that such messages will be delivered in a timely fashion, or that
they will be delivered at all. Although we will attempt to punctually and reliably deliver such messages,
message deliverance is beyond our reasonable control and any reliability with respect to such messages is
herein explicitly disclaimed.
Content may be delivered using WAP Push messages. Receiving the content associated with such messages
may incur a data charge from your mobile phone operator. You agree that you are responsible for paying
any and all such charges.
By using the mobile content available on the Service (such as, but not limited to, mobile phone wallpaper
downloads), you agree that we may communicate with you regarding the Service and other entities by SMS, MMS,
or other electronic means to your mobile device and that certain information about your usage of the
mobile content may be communicated to us.
Privacy
We cannot ensure that your private communications and other personally identifiable information will
not be disclosed to third parties. For example, we may be forced to disclose information to the
government or third parties under certain circumstances, or third parties may unlawfully intercept
or access transmissions or private communications. Additionally, we can (and You authorize us to)
disclose any information about You to private entities, law enforcement or other government officials
as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible
problems or inquiries.
In order to provide the Service to You, we may collect certain information about service performance.
Information regarding service performance, your machine, and your service use may be automatically
collected during your use. We will not collect personally identifiable data, and will keep the data
no longer than is deemed necessary.
Prices
All charges are non-refundable unless stated otherwise, and the cost of any returns will be
at your expense. You will be responsible for any applicable sales or usage tax, duties or fees
payable in connection with any purchase you make. If you do not pay such taxes, duties or fees
on a transaction, you will still be responsible for such taxes, duties or fees in the event that
they are later determined to be payable on sale, and you grant us the right to collect these
taxes, duties or fees at any time. You may have additional consumer rights under your local laws
that this contract cannot change.
We reserve the right to change the prices we charge without notice. All orders are subject to
availability, and we reserve the right to refuse to supply You for whatever reason.
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
Advertisements
We use a third party advertising partner ("AP") to serve adverts when using the Service. You accept
that the AP may use information about your use of the Service in order to target adverts that may be of interest
to you. You agree the AP may also store, read, and use a unique 'cookie' on the browser you are using.
Inclusion of any advertiser or sponsor materials within the Service does not constitute any guarantee
or endorsement of the quality of value of any of the advertised products. We are not responsible for the
content any third party sites (advertiser, sponsor or otherwise). Any dealings you may have with advertisers
or sponsors promoted by the Service are solely between You and the respective third party. We will not be
liable for any loss or damages of any kind brought as a result of any such correspondence or dealings,
or as a result of the prescience of advertisements or sponsorship notices displayed whilst using the
Service.
Exclusion of Warranties
We provide the service "as-is," "with all faults" and "as available". We do not guarantee the accuracy
or timeliness of information available from the Service. We and our suppliers expressly disclaim all
warranties, guarantees or conditions of any kind, expressed, implied or statutory, including but without
limitation to the implied warranties of non-infringement, merchantability and fitness for a
particular purpose.
You may have additional consumer rights under your local laws that this contract cannot change.
Liability Limitation
Under the maximum extent permissible by law the Company, its officers, agents, employees, subsidiaries,
affiliates and licensors shall not be liable to You for any direct, indirect, consequential, special or
exemplary damages, including
but not limited to loss of profits, goodwill, use, data or other intangible losses resulting from (a) the
use of, or inability to use the Service, (b) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or messages received or
transactions entered through or from the Service (c) unauthorised access to or alteration of your
transmission of data (d) statements or conduct of any third party on the Service (e) your failure to
provide the Service with accurate account information (f) your failure to keep your password or account
details secure and confidential (g) any other matter relating to the service.
These limitations shall apply whether or not the Company has been advised or should have been aware
of the possibility of any such losses arising.
Some countries do not allow the exclusion or limitation of incidental or consequential damages,
so the foregoing limitations or exclusions may not apply to You. They also may not apply to You because
your province or country may not allow the exclusion or limitation of incidental, consequential or
other damages.
Claims Must Be Filed Within One Year
Any claim related to this contract or the service may not be brought by You unless brought within one year.
The one-year period begins on the date when the claim first could be filed. If it is not filed, then
that claim is permanently barred. This applies to You and your successors.
Governing Law
This Agreement is governed in all respects by the laws of the United Kingdom of Great Britain (the "UK").
Both parties submit to personal jurisdiction within the UK and further agree that any cause of action relating to
this Agreement shall be brought in a court in the UK. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by You or others does not waive our right to act with respect to
subsequent or similar breaches. You may not assign or transfer this Agreement or Your rights here under,
and any attempt to the contrary is void. This Agreement sets forth the entire understanding and
agreement between us and You with respect to the subject matter hereof.