Terms & Conditions
The company reserves the right to modify these Terms and Conditions at any time, being any changes reflected in an updated version available on the Website. The use of the Services shall imply full acceptance of the Terms and Conditions hereof.
The company strongly advises the user to print or save a copy of these Terms and Conditions, even though they will be available at all times in the Website.
About the service
The Services offered through the Website enable the registered user to interact with other users, play games, download applications, ringtones, wallpapers, and much more.
- To access the service you must enter your mobile phone number and follow the directions established for this purpose
- To exit the service at any time, send an SMS following suitable indications or send an email to: email@example.com.
A password will be assigned to the user and an account designation upon completing the registration process. The user agrees to maintain the confidentiality of the password and account, and that it is fully responsible for all activities that occur under such a password or account. The user also agrees to immediately notify The Company of any unauthorized use of your password or account or any other breach of security and to exit from your account at the end of each session. The company shall not be liable for any loss or damage arising from the user's failure to comply with these conditions. Also, the Services may offer (subject to Services location availability) premium membership, which is typically charged on a subscription basis.
Products and services are subject to availability and may also be subject to other terms and conditions. There is no substitution for any Product or portion thereof, except due to unavailability, in which case a Product of equal or greater value will be awarded at the discretion of The company. Some products have limited availability, and in some cases, products you select are sent to you directly by the Sponsor, who is solely responsible for the quality and performance of the goods supplied. The use of the Services could involve the integration and/or use of services of an Internet connection, data and voice hired directly by the user to third parties (service providers), which have specific terms and conditions of use outside The company. By using the Services through service providers or telecommunication third parties, the user acknowledges and agrees to be aware of the conditions offered by these third parties.
The company shall not be held responsible in any case for requests or submissions to access the Service that are not accepted by the Website technology platform and for the delay that may occur in receiving the Service whenever it is due to any cause not attributable to The company (being these: connectivity failures or network outages, errors in the wording of the messages, excessive network traffic, the performance of the operators, the characteristics of various phones, computers and/or tools or any other not stated herein).
Requirements for Accessing the Service
The Services offered by The Company are targeted and can only be contracted by people of legal age 18 or, if applicable, emancipated minors with the full legal capacity to contract. Unemancipated minors only may contract The Company Services, with the previous written permission of their parents, guardians, or legal representatives, who will be responsible for the acts of those who are responsible It is important to note that these circumstances can not be verified by The Company being the responsibility of the parents or guardians of such unemancipated minors to watch over for the correct use of the people who are dependent on are making within the Services and in particular, watch over the mobile phone that is being used to contract the Services. Likewise, Services may only be contracted by the owner of the phone line that is associated with the Services.
By accepting the Terms and Conditions, the user expresses to be legitimized and/or authorized to contract the Services and ensures the accuracy of all of the information given to The Company. The user also expresses its commitment to making proper use of the Services and agrees to comply with the current legislation that may be applicable in each case, as well as these Terms and Conditions, morality, and/or public order. It is the user's responsibility to respect these standards and it is strictly forbidden to use the Services subject to these Terms and Conditions for illegal purposes, or in any manner that violates or infringes the rights and interests of The Company, its subsidiaries, or of any other third party related. The user shall be exclusively responsible for any loss or damage caused by inappropriate, or illegal use of the Services.
Our Services, Images, and Videos may not work on every Handset, Laptop, Desktop, or Electronic Device capable of displaying the content. You acknowledge that The Company is not liable to have every type of format available. It is the user's responsibility to ensure that the device they are using can reproduce the following files (Picture – JPG, GIF, PNG) (Movies – 3GP & MOV) or have the appropriate software installed in order to access all services.
Service Contracting Requirements
If during the execution of the Service, The Company suspects or proves the existence of some type of electronic or non-electronic manipulation in the system related to the Service, or if technical difficulties compromise the integrity of the Service, The Company reserves the right to shut down the contracted Services and delete the account of any user who has been able to manipulate the normal delivery of it, as well as any attempt to deliberately impede the normal functioning of the Service is illegal and The Company shall have the right to claim in such case any damages caused and the filing of any applicable legal actions.
The user by using the Service: (1) Consents to be under the provisions set out by the present Terms and Conditions, (2) agrees to exonerate The Company and its employees, subsidiaries, affiliates, divisions, advertising agencies, and related entities in any way, for any loss, damage, costs, injury and/or death resulting from contracting the Services as well as for any misuse of the Services and for any claim based on publicity rights, defamation or invasion of privacy and (3) allows the use of their name, voice and images for advertising and promotional purposes in any media worldwide without additional compensation unless is prohibited by law.
Service Code of Conduct
Members will not provide any material (photos, text, or links to content) that:
- Contain nudities or explicit sexual/pornographic contents of any kind;
- Contain a visual presentation of explicit violent sexual conduct, bestiality, incest, rape, or extreme violence, which constitutes incitement to cause harm;
- Results in any unreasonable invasion of privacy;
- Induces an unacceptable sense of fear or anxiety;
- Encourages or incites any person to engage in dangerous practices or to use harmful substances;
- Induces or promotes racial disharmony;
- Causes grave or widespread offense, or,
- Debases degrade or demean. Any user, who violates any of these requirements, will have their access to share, upload images, text restricted, or access withdrawn depending on the breach of the Rules of Conduct. In case of repetitive behavior, The Company can discontinue your use of the service.
The Company informs the user that at all times have access to all images and content of all text that is shared on the Service. For this reason, and to defend our right to enforce the Rules of Conduct stated, we inform all users of the consequences of non-compliance.
Forms of Payment
The charges of the Services provided by The Company will be billed and charged by the mobile service provider to which the number is contracted. In the instance the user uses a mobile number with a pre-paid card, the charges for the products and services provided by The Company will be deducted from the account balance the user has on the pre-paid card.
Intellectual Property Rights
The Company is the sole owner or holds under the necessary licenses and/or authorizations for the rights of operating the Intellectual Property of the Services and any of its contents including, but not limited to: software, databases, images, photographs, drawings, graphics, games, text, audio, video, trademarks, logos, trade names or distinctive signs, computer programs or databases that are or have been part of it at some point. Under no circumstances shall access and use of the Services, imply renunciation, transmission, license, or transfer of all or part of such rights.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of The Company or, where appropriate, the rights holder.
Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.
If you are interested in establishing a link, you must first have express written permission from The Company. Notwithstanding the foregoing, it is expressly prohibited to establish any links and/or similar third-party devices that lead the user directly to content and/or services offered by The Company ("deep linking"). The Website contains copyright material, trade names and marks, and other proprietary information, therefore is protected by copyright laws, registered and unregistered trademarks, database rights, and other intellectual property rights under the English Intellectual Property Law.
Limitation of liability, indemnity, and release
The Company in no event shall be held liable for the user's utilization regarding the Services or the information stored and/or sent by mobile phone devices related to the Services, therefore The Company, in any case, may determine or control the identity of the user and of the information transmitted between users within the Website, failing to act in accordance with the applicable law and shut down the access to the Service in the following cases:
- Injunction or administrative authority request.
- The content uploaded by the user is considered offensive to the community, the public morality, or any other content contrary to applicable regulations.
- The content uploaded by the user incites terrorism, racism, or other conducts expressly prohibited by law.
- The content uploaded by the user contains defamatory material against the Website, The Company, or any of its subsidiaries, divisions affiliates, agents, representatives, and licensors, or contains any comments contrary to the image of The Company and/or the network operator
NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THE ACCESS OR USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES AND THE INFORMATION AVAILABLE ON THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES.
The Company would not respond for the consent of contracting the Services given by minors and/or legally unable who contracted the Services without complying with the obligation to provide The Company the written authorization of their parents, legal guardians or legal representatives stated according to the provision of clause 3. of these Terms and Conditions. The Company and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Services, or acceptance, delivery or failure to timely deliver, possession, or use of the Services as a result of participation in the service; or (vi) any printing or typographical errors in any materials associated with the Services. Further, in any such dispute, under no circumstances will the user be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than the user's actual out-of-pocket expenses (i.e. costs associated with participating in the Services), and the user further waives all rights to have damages multiplied or increased. Under no circumstances shall The Company be liable to the user or any third party for any indirect, incidental, consequential, special, or exemplary damages, even if advised of the possibility of such damages, arising from the use of or inability to use the service or any other provision of these terms and conditions.
THE USER BY ACCEPTING THESE TERMS & CONDITIONS WAIVES ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, REPRESENTATIVES, AGENTS, AND LICENSORS ARISING FROM THE USE OF THE SERVICE AND THE INFORMATION AVAILABLE ON THE WEBSITE.
The user accepts all responsibility for, and hereby indemnifies and holds The Company harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to disclosure of Log-in details to third parties. By using the service, the user also releases The Company, its subsidiaries, divisions, affiliates, agents, and representatives from any and all liability regarding the use of Products, applications, or other participation in the Services.
Privacy and Use of Information
In accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679 and related complementary legislation, The Company informs the user that the information resulting from contracting the Product and Services and related personal data will be included in a file owned by The Company for its automated processing, providing the user consent to such treatment by accepting these Terms and Conditions. The aforementioned file is duly registered in the General Register of the Data Protection Agency.
For content that is covered by intellectual property rights, like photos and videos (IP content), the user specifically gives The Company the following permission: the user grants The Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the user post on or in connection with The Company. This IP License ends when the user deletes his IP content or his account unless his content has been shared with others, and they have not deleted it.
When the user deletes IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the user understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the public setting, it means that the user is allowing everyone, including people off of The Company, to access and use that information, and to associate it with you (i.e., your name and profile picture).
The Company informs the user that the processing of information and personal data will be related to the personal data provided as a result of contracting the Product and Services as well as the information that may be provided for granting access to any other services of the company or any of its subsidiaries, divisions, affiliates, representatives, agents, and licensors.
The Company declares fulfillment with the personal data secret obligation as well as the confidential treatment of such information and takes over the responsibility to ensure the technical, organizational, and security measures to prevent alteration, loss, and unauthorized access. However, The Company shall not fully guarantee the absolute invulnerability of its security systems, since there are no currently sufficient and unbreakable security measures available to prevent computer-related attacks, case in which shall not The Company be held responsible for any incidents that may occur to the Personal Data File caused by such attacks or unauthorized accesses.
The user acknowledges that the personal data collected and its treatment shall be used only in the following cases:
- Proper Services requested by the user performance.
- Management, administration, extension, and improvement of contractual or business relationship established between the user and Services provided
- Address complaints or claims for the Services.
- Checking and verifying the quality of the Services offered to the user.
- Sending an overview of the development and operation of the Services contracted by the user.
- Development of market research and statistics, marketing, and preferences about the Services.
- Also, unless otherwise indicated, the user agrees to accept marketing messages through but not limited to email and/or SMS text messages or telemarketing in accordance with the applicable provisions, relating to the Services such as but not limited to: identical and similar to those initially recruited, music, videos, pictures, games, applications, sweepstakes, promotions, contests, participation in television programs, voting and skill games (this will continue even after the termination of the contract) until canceled.
- Fulfilment of Tax obligations.
Users at any time may access provided personal data and exercise the rights established by law (access, rectification, and cancellation), as well as revoke their consent or oppose the transfer of their personal data. These actions may be exercised in writing or by email at:
- Nexus Enterprises LTD (12/F, Henley Building, 5 Queen's Road Central, Central, Hong Kong)
- 086 110 6472
The Company also informs the users that by the adherence to the Terms and Conditions they consent to
provide every necessary and essential communication of personal data required to manage contracted Services
On the other side, the user is fully responsible for providing The Company with contact information that is accurate and truthful and compromises as well to keep The Company up to date with any appropriate changes related to it.
The Company is entitled to transfer the information contained in the present Terms and Conditions and the rights arising thereof to any other of its companies, subsidiaries, or divisions. Transfer of information will be developed prior to the user consent and only to achieve the correct performance of contracted Services.
Fraud or abuse relating to the use of personal login details may result in the termination of your account. The user is solely responsible for any fraudulent use of their personal log in details that could occur due to the theft of or sharing of the same. The Services are provided to individual users who are natural persons for their own personal use.
IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY USER TO SHARE PERSONAL LOGIN DETAILS. ANY USER SHARING SUCH INFORMATION IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED.
Unenforceability and Indemnity
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms & Conditions be construed as a continuing waiver of other breaches of the same or other provisions of these Terms & conditions. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
The user agrees to indemnify and hold The Company, its subsidiaries, affiliates, officers, agents, representatives, sponsors, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the use of the Website, including, without limitation, any information or content or keywords you post to the site or any interference with the operation of the site.