Terms & Conditions for usage
of the service
Member Organisation (“MO”) means XMITIO Ltd. The member
organisation is responsible for publishing and distribution of information,
ads, marketing materials and offerings (”the Content”). The MO is also named ”Supplier” in these Terms and conditions for usage of
the service (“ToS”).
“You” means you as a
private person who has registered with the MO. You have accepted the terms and
conditions of MO for usage of their products and/or services. In these TOS, You
are, hence also considered as a Member of the Member Organisation.
MI means mobileInnovation AS; mobileinnovation; ”we” or ”us”. MI’s role is to convey correct content to
the correct Member at the correct time.
You must accept these ToS to be able to use the Service.
The Java-client together
with the rest of the technical infrastructure delivered by MI enable targeted,
personalized, publication of Content to You via a mobile application (the ”Java-client”) based on your preferences.
Download of the
Java-client to your mobile phone (“Handset”) will be based on an industry
standard Over-the-Air (OTA) protocoll for download
and installation of application. The OTA service is standard functionality
provided by your mobile network operator.
The Content will be
synchronised to your Handset based on the data connection available to you,
e.g. GPRS, EDGE or HSDPA, between your Handset and MIs
Content servers.
Content and categories
are published by the MO using the technical infrastructure provided by MI.
You will not be invoiced
for use of the Service.
However, you will be
charged by your Mobile Operator for the transport of the bits over the mobile
network at the data-prices in your contract with them. Comparable prices are
the costs of using the mobile internet (WAP).
You accept that neither
MI nor the MO is responsible for the costs that will be charged for the
download of Content and the Java-client.
You accept that
·
Content is
downloaded to your Handset based purely on your own preferences done in the
Java-client.
·
You have
been given all controls necessary to limit this traffic and it is based 100% on
your positive consent and opt-in
·
Content
will be delivered to the Java-application that is published by the MO
·
Content
can be delivered to the Java-application that is published by MI or other
organisations
·
The
Java-client application belongs to MI and you have been given the right to use
it in order to be able to capitalise on the Services provided by the
Java-client.
You acknowledge and
agree that MI and/or its licensors own all legal right, title and interest in
and to the Service, and any software provided to you as a part of and/or in
connection with the Service (the “Software”), including any and all
intellectual property rights that exist therein, whether registered or not, and
wherever in the world they may exist.
Such Software will be
subject to the terms of the license agreement that accompany the Software. You
further agree that the Service (including the Software,
or any other part thereof) contains proprietary and confidential information
that is protected by applicable intellectual property and other laws.
The software is
developed by MI and we have ensured that the application does not contain any
harmful 3rd party code nor has it been infected. The application
hence does not represent any danger to Your Handset.
The Java-client is
running in an isolated environment in a Java Virtual Machine (JVM). Hence, the
application cannot “destroy” or “ruin” the Handset. The application can also
not start any communication not approved by You
The MO is responsible
for
·
Using the
Service to regularly publish relevant content to You
·
Categorisation
of Content to ensure a perceived optimal quality of service by You
·
Ensuring
the Content being published is not threatening or repulsive or in breach of
national/international laws and jurisdiction
You understand and
accept that
·
By using
the Service, you consent and agree to the collection and use of certain
information about you and your use of the Service in accordance with MI’s
Privacy Policy. These data will be used to improve the Service and the Content
to serve You better.
·
You
further understand and agree that this information may be transferred to Norway
and/or other countries for storage, processing and use by MI.
·
MI is
approved under the Norwegian Data Security Act and has a licence to store and
manage behavioural and personal data on our premises in Norway.
·
MI does
not sell customer data to third parties.
Termination of your
membership with the MO is outside the scope of the Service. However, you can
cancel your membership following the corresponding rules by contacting the MO.
In time a cancelled
membership might be reflected back in the use of the Service.
You can terminate the
service in three ways
·
Deselect
all preferences will ensure no new Content will be synchronised
·
Delete the
Java-client application from your phone
·
Go to the
MOs web-site to terminate the use of the service
MI reserves the right to
modify or stop the Service (or any part thereof), either temporarily or
permanently, at any time or from time to time, with or without prior notice to
you. You agree that MI shall not be liable to you or any third party for any
modification or cessation of the Service.
MI may also impose
certain operating guidelines or limitations upon use of the Service and
reserves the right to institute or modify such limitations upon use at any
time.
You understand and
accept that MI will not- and cannot be held accountable for
·
Technical
errors or malfunctioning of your Handsets or the connection between the Handset
and the mobile network
·
Problems
caused by Your mobile subscription or Your mobile operator or other provider of
the mobile services that Your are using
·
The
specific content distributed to You by the Membership Organisation
·
The proper
functioning of the Java-client on Your Handset. The application is tested and
verified to operate well on a large number of handsets. However, all handsets
contain different applications and have different HW and SW configurations and
represent a big unknown. The application will not destroy anything on Your handset but it might not run correctly.
mobileinnovation, the mobileinnovation logo, and other mobileinnovation trademarks, service
marks, graphics, and logos used in connection with the Service are trademarks
or registered trademarks of mobileinnovation AS in Norway.
XMITIO Ltd, the XMITIO
Ltd logo, and other XMITIO Ltd trademarks, service marks, graphics, and logos
used in connection with the Service are trademarks or registered trademarks of XMITIO
Ltd in the UK.
Copy-right of content
published belongs to XMITIO Ltd and Mobile Innovation AS if nothing else is
noted.
You expressly
understand and agree that MI and its affiliates, subsidiaries, officers,
directors, employees, agents, partners and licensors shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary
damages, including, but not limited to, damages for loss of profits, goodwill,
use, data, cost of procurement of substitute goods or services, or other
intangible losses (even if MI has been advised of the possibility of such
damages), resulting from: (i) the use or inability to
use the service; (ii) the unauthorized access to or alteration of your
transmissions or data; (iii) the deletion of, corruption of, or failure to
store and/or send or receive your transmissions or data on or through the
service; (iv) statements or conduct of any third party on the service; and (iv)
any other matter relating to the service.
You agree to defend, indemnify
and hold MI, its affiliates, subsidiaries, directors, officers, employees,
agents, partners and licensors harmless from any claim or demand, including
reasonable attorneys’ fees, made by a third party, relating to or arising from:
(a) any Content you submit, post, transmit, or otherwise make available through
the Service; (b) your use of the Service; (c) any violation by you of these
TOS; or (d) your violation of any rights of another. This obligation shall
survive the termination or expiration of these TOS and/or your use of the
Service.
Last
updated: 31. January 2009
©
Copyright 2009 MobileInnovation AS. All rights reserved.