Effective date January 30th, 2012
These Terms constitute an agreement between you and the Company, as described below, defining your rights and responsibilities and Company´s rights and responsibilities with respect to the MobileTubes Service.
The Company is the provider of the MobileTubes Service that allows you to acquire via any means or device (Ipad, Ipod, e-Book, tablets, smartphones, etc.) licensed downloads of digital content, including without limitation adult texts, videos and images, under these Terms (collectively “Content”).
The MobileTubes Service is only available to people who have reached the age of majority and who comply with the necessary requirements to have access to adult materials. By using the Service you accept that you may encounter contents that could be considered offensive, indecent, or censurable and that could contain explicit sexual language.
Also, by using the Service, you agree that the Company is free of any responsibility to you for all contents that could be considered offensive, indecent or censurable. The different contents (including genres, subgenres, categories and subcategories) and its descriptions are expressed for your convenience, and you must assume that the Company does not guarantee its precision. You commit not to exhibit this material to minors or to any other person who does not comply with these Terms.
THREE.- REGISTRATION AND TERMINATION.
To use the Service you may need to register to it; and create an account (with an username, which shall correspond to your mobile phone number) and a password. You may need to provide us with certain personal and other information. The Company may verify your email address or your mobile phone number before the account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others. You are entirely responsible for all your account activity and you are obliged to immediately notify the Company about any misuse of your account or of any other security infringement that you have knowledge of the Service. The Company will not respond for any loss due to misuse of your account that is not caused by the Company negligence. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. The Company may terminate your registration or restrict your access to certain parts of the Service if the Company reasonably believes that you have breached these Terms.
The Company grants you a non-exclusive, non-transferable license, revocable at any time at Company sole discretion, to access and use the Service strictly in accordance with these Terms. The use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, the Company may provide you with content developed by the Company or its licensors. The Company grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
FIVE.- USING THE MOBILETUBES SERVICE.
5.1. You agree to:
5.2. The Company may but has no obligation to:
6.1. Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. The Company shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
6.2. You agree to:
6.3. The Company is not the producer (primary nor secondary) of any of the Content that appear in any of the websites of the MobileTubes Service. None of the aforementioned sites exhibits nor facilitates material that includes illegal contents (child pornography, eulogy of terrorism or any other illegal content) and all the models and actors that appear in the videos are of legal age.
6.4. The Content is owned and/or controlled by the Company and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, the Company may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms, and may enforce the provisions that directly concern the Content in which they have rights. The Company may be acting as an agent for third party Content provider in providing the Content to you. The Company is not a party to the transaction between you and the third party Content provider for such Content.
SEVEN.- AVAILABILITY AND TECHNICAL REQUIREMENTS.
7.1. Availability. The availability of the Content and the Service may vary and is subject to Company’s sole discretion. The Company expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by the Company or by another party.
7.2. Technical requirements. Your device should be able to play online videos with sound using an internet connection.
EIGHT.- PAYMENT TERMS.
8.1. Fees. Your use of the Service may be or may become subject to charges.
Any fees charged by the Company will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
The Company assumes no responsibility for the payment of any charges of your service providers.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. The Company assumes no responsibility for the payment of bank or any other third party service fees or charges.
8.2. Order of Content. "Order" shall mean the selection of payable Content and/or subscription to Content offered by the Company and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by the Company.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms, and in any additional terms that you may be presented in the order flow.
8.3. Content payments. Upon subscribing to the MobileTubes Service you engage to pay all the Content you purchase through the Service at the corresponding rates as shown on the websites. The amount and the renovation period will depend on the nature of the subscriber, or not, as well as on the subscription package and the chosen method of payment (credit card, WAP billing or SMS Premium). You accept that the Company, through the MobileTubes Service, can charge the designated credit card or the phone invoice via WAP billing or SMS Premium, for any of the purchased the Content as well as for any additional amounts (including, eventual corresponding taxes and delayed charges) that are due to your account. You have the responsibility to promptly pay all tariffs and to provide the Company with the necessary and valid means of payment to carry out all due payments.
In the case of subscription, the access to the Service will have the duration that corresponds to the subscription fees, as indicated on the web site. You accept that the payment of the subscription will take place at the moment of the subscription to a specific package. At the end of the subscription period, the subscription will be automatically renewed, for equivalent periods of time, unless you notify us of your intention not to renew the subscription prior to the termination of the commencement period or of any of the subsequent extensions.
8.4. Right to modify prices and Availability of Content. The prices and the availability of the Content can be modified anytime with regard solely to future purchases.
8.5. Payment methods. MobileTubes Service accepts payments via wap-billing or sms premium. In case of a payment via wap-billing, the operation will appear on your telephone bill. If you need any assistance related to billing or if you have any other question about the processing of orders, please send us an email to firstname.lastname@example.org. The replies to the emails will be sent as soon as possible.
NINE.- INTELLECTUAL PROPERTY.
9.1. Recognition of property. You accept that the Service, including but not limited to the Content, the videos, the graphics, the user interface, the audio clips, the editorial content and the software utilized to implement the Service, contains information and material of private character that are property of the Company, its licensees and/or licensors and are protected by intellectual property laws and by other legislation, including but not limited to copyright laws, and you commit to not using the aforementioned information or materials of private nature in any way, except in relation to your use of the service in accordance with the terms of the present Agreement. No part of the Service may be reproduced in any way, except as specifically permitted in these Terms. You engage not to modify, lease, rent, loan, sell, distribute or create derived works from the Service in any unauthorized manner.
9.2. Removal of Content or other materials. Notwithstanding any other provision of these Terms, the Company and its licensors reserve the right to modify the Service and therefore modify, suspend, remove or block access to any of the Content, content or materials offered by the Service at any time without prior notice. The Company will in no way be responsible for the elimination or deactivation of the access to any of the Content or materials covered by this Agreement. The Company may also impose limits on the use of certain features or parts of the Service or on the access to them, in any case and without having any obligation of notice or responsibility.
9.3. Copyright. All copyrights relating to video material displayed on the Service are the property of the Company and/or its licensors, who reserve all rights they may have in law or equity. The Company has the appropriate licenses on the video material displayed. The use of any part of the service otherwise than permitted by these Terms, is strictly prohibited, will constitute a violation of intellectual property rights of third parties and is punishable by civil and criminal penalties, including payment of compensation for damages resulting from copyright infringement. This statement refers only to the videos, and not to additional images offered for free, which have been located in the public domain through web search.
9.4. Trademarks. All trademarks and graphic content of the MobileTubes Service and other trademarks, service brands, graphics and logos used in connection with the Service are registered trademarks of the Company or its affiliates and suppliers. All other trademarks, service brands graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no rights or licenses with regards to any of the aforesaid trademarks and their use.
TEN.- CANCELLATIONS AND REFUNDS.
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform the Company within 48 hours that (a) the Content you have ordered is faulty; (b) the Content delivers to you do not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by the Company. Otherwise, no refunds are available. If you encounter any of the above issues, please send us an email to email@example.com.
ELEVEN.- LINKS TO THIRD PARTY SITES AND CONTENT.
The Company may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the Terms of these sites or services before using these sites or services.
The Company has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that the Company endorses the site or the products or services referenced in the site.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
THIRTEEN.- DATA PROTECTION.
FOURTEEN.- INDEMNIFICATION. LIMITATION OF LIABILITY.
14.1. Indemnification. You agree to defend, hold and indemnify the Company and its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) your breach of these Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
14.2. Limitation of liability. The Service is provided on “AS IS” and “AS AVAILABLE” basis. The Company does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, the Company is not liable for any direct damages caused by your use or inability to use the Service. In no case will the Company be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
FIFTEEN.- DISPUTE RESOLUTION.
These Terms shall be governed by and interpreted in accordance with the laws of Spain. For any matter related to the interpretation or execution of these Terms, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Barcelona Courts.
SIXTEEN.- GENERAL PROVISIONS.
16.1. Company. Online Media BV, Alexanderstraat 23, 2514 JM The Hague (Netherlands) with VAT number 822567908.B.01.. Email address: firstname.lastname@example.org.
The Company is registered in the Companies Registration Office in Barcelona, Volume 39063, Sheet 160, Page B 336818, Registration 1.
16.3. Modification. The Company reserves the right to update, revise, supplement and amend this Agreement at any time without prior notice, and establish standards, policies, or new or additional conditions regarding the use of the Service. You are responsible for regularly reviewing these Terms. Your continued use of the Service constitutes your consent to any changes and modification.
16.4. Assignment. The Company may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with the Company, without your previous consent. Additionally, the Company may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise, without your previous consent.