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Mobile News Channel SA (hereafter MNC) offers you its service mobilefriends.ch on the following Service terms and conditions. By using the Service in any way you are agreeing to comply with these Service terms and conditions, which we may update without notice and encourage you to check out here regularly. Service usage terms are available here: http://www.mobilefriends.ch/conditions.en.html.

On top of that using some services provided by MNC will be subject to specific rules that can be found in another document that can be found on the site www.mobilefriends.ch. These rules are an integral part of the Service terms and conditions.

Service terms and conditions:
You (the "CUSTOMER"), by using, accessing, or attempting to interact with the services proposed via the mobilefriends.ch site including on the one hand the services proposed via SMS (formerly known as smsGroup service), MMS or WAP and on the other side the web management tool and the individual user service logins (collectively "Services"), agree to abide by the terms and conditions of this Agreement and to be bound with MNC.



Content:

1. Usage

The present terms and conditions set the rules under which the CUSTOMER (owner of an individual mobilefriends service) is allowed to send information to mobile subscribers via its personal mobilefriends services using its personal mobilefriends service login.

The mobilefriends service includes all pages under the url http://www.mobilefriends.ch, as well as the url http://admin.mobilefriends.ch.

2. Content type

The Owner of a mobilefriends (hereafter the CUSTOMER) login warrants that he will not send or allow sending via his mobilefriends service content for illicit purposes such as running virtual lotteries or other inappropriate or illegal activities such as sending: Specifically the CUSTOMER warrants that he will not send content that is falling under the following articles of the Swiss criminal code: Art 135, 197, 259, 261.

3. Content right

The CUSTOMER is solely responsible for the content broadcasted via its mobilefriends Service. The CUSTOMER confirms that it is either the owner of all Intellectual Property Rights or that he is duly authorised to broadcast the content via its mobilefriends service. The customer warrants that:
The CUSTOMER shall indemnify and hold MNC harmless of all claims arising out of the content. In any of the events under chapter 2 and 3, MNC has the right to disconnect the services of the CUSTOMER immediately and permanently without serving any prior notice. In no event will MNC be held liable to the CUSTOMER for any direct or indirect damage arising from the disconnection of the mobilefriends. MNC reserves the right to take legal actions against the CUSTOMER in case of faulty behavior as defined here in chapter 2 and 3.

4. Access codes

Following registration, the CUSTOMER has received access codes to the service. In this Agreement Access Codes are understood as the Login based on the mobile phone number +4179xxxxxxx and a password(s) that the CUSTOMER uses to log into the web management system and the password used to manually post content into the Service via SMS). The CUSTOMER is solely responsible for its Access Codes. MNC takes no responsibility in case a non-authorized third party uses them to abuse the present service terms.

5. Service quality

MNC is not responsible for the service quality of the CUSTOMERS' Service produced via mobilefriends. MNC only provides a technical tool to the users allowing them to produce their own services using the existing mobilefriends service infrastructure. No recommendation or information provided by CUSTOMERS to MNC will create any liability outside of the scope of the present service terms and conditions.

6. Production of services

CUSTOMER warrants that all information, data, text, audio or video clips or any material (hereafter defined as CONTENT) broadcasted in the CUSTOMER's Service are under the sole responsibility of the CUSTOMER. The CUSTOMER and not MNC will be held liable in case illegal, non-authorized or incomplete content is broadcasted in the CUSTOMER's mobilefriends service.

CUSTOMER commits to: CUSTOMER will not:
CUSTOMER recognizes that MNC is allowed to check the content prior and after broadcasting (without MNC being obliged to do so). MNC reserves the right to block, delete any content broadcasted in the service as well as to close any service or access code in case of an abuse of the present service terms and conditions.

MNC reserves the right to communicate to 3rd parties informations about the service or about the CUSTOMER (such as his mobile phone number) in case of an abuse of the present terms and conditions or in case of a legal action or a complaint concerning a mobilefriends Service.

7. Disclaimer of Warranty from MNC SA

MNC provides no specific warranty. MNC provides the mobilefriends.ch service on an "as is" basis. MNC reserves the right to modify at his sole discretion the mobilefriends service.

MNC does not guarantee that:
MNC shall not be held liable for the validity of content broadcasted via the mobilefriends service. MNC shall not be held liable for any damage suffered by the CUSTOMER, including the loss of profit, attributable in whole or in part to any defect in the design or the performance of the mobilefriends service, or special incidental or consequential damages arising out of the use or inability to use the mobilefriends service, including but not limited to loss of data or data being rendered inaccurate, even if MNC has been advised of the possibility of such damage. Furthermore MNC shall not be held liable for any damage suffered by the CUSTOMER in relation with the provision of MNC's service, the repair or the correction of any content, product or application linked to it by the CUSTOMER. MNC shall not be held liable for its auxiliary.

MNC reserves the right to change any time and without restrictions the content of this web site.

The CUSTOMER recognizes that he has read and understood the present service terms and conditions.



Mai 2006 / Version 1.0