Directcallback TERMS OF SERVICE
Please read the directcallback.com
Terms of Service below carefully. directcallback recommends that you print
or download them to your computer.
Please note some jurisdictions
may have obligatory provisions in their consumer legislation which may
be relevant to the services provided under these terms.
of Terms of Service
to provide true and correct information about yourself in the directcallback.com
Terms of Service registration form.You agree not to use the Service for
illegal purposes or for the transmission of material that is unlawful,
harassing, libellous, invasive of another's privacy, abusive, threatening,
harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights of
other parties. User agrees not to interfere with or disrupt the Service
or servers or networks connected to the Service.You agree not to use the
service for the transmission of "junk mail", "spam", "chain letters",
or the unsolicited mass distribution of e-mail.You understand that directcallback
may provide extra services or attributes to the Service that are subject
to charge.You agree that directcallback and their designees may at their
sole discretion terminate your account if they believe you have in any
way violated the Terms of Service.Please report any violations of the
directcallback.com Terms of Service by others (e.g. if someone sends you
'junk mail', 'spam' or 'chain letters') to firstname.lastname@example.org.
ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE
directcallback.com service (the "Service"), owned by directcallback is
provided to you (the "User") under the terms and conditions of the directcallback.com
Terms of Service set forth below and any amendments thereto.
Terms of Service comprise the entire agreement between User and directcallback
and supersede any prior agreements pertaining to the subject matter contained
herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT"
BUTTON, YOU ARE AGREEING TO BE BOUND BY THE directcallback.com TERMS OF
titles and the Summary of Terms of Service in the directcallback.com Terms
of Service are for convenience only and have no legal or contractual effect.
directcallback is providing User with the capability to send and receive
electronic mail via the World Wide Web on the directcallback.com system
and to store electronic mail and electronic mail addresses.
subject to charge directcallback may from time to time provide extra services
or attributes to the Service against a charge ("Enhancements").
of payment lies with the sole discretion of directcallback. directcallback
may offer the User credits that User may purchase for the use of some
Enhancements. The amount of credits on User's account shall be registered
by directcallback. The credits will be deducted from the account as User
makes use of the Enhancements.
By the termination
of the agreement by either party directcallback shal refund the unused
credits on the User's account provided that the User provides directcallback
with the information needed for the refund and provided that the total
value of unused credits exceeds 5 (five) Euros. directcallback shall deduct
from the refund all expenses arising from the payment and all other payment
due and unpaid by the user. If the expenses associated with the exceed
the refund, directcallback is not obliged to refund the credits.
OF PERSONAL DATA
shall not disclose Registration Data or other personal data of a User
to any third parties except as authorised by User or User's representative
or as required by law or legal process, or as set forth in Paragraph IV
directcallback may disclose to third parties aggregate data on the use
of the Service, provided that a single individual is not identifiable
in such a data. directcallback adheres to the data protection legislation
of SPAIN and Directive 95/46/EC of the European Parliament and of the
Council when processing, storing and utilising personal data.
e-mail is provided under the laws SPAIN and under other legislations that
may apply in certain cases. directcallback considers e-mail transmitted
via the Service to be the private correspondence between the sender and
recipient. directcallback will not monitor, edit or disclose the contents
of a User's private communications, except: (a) as required by law; (b)
to comply with legal process; (c) if necessary to enforce the directcallback.com
Terms of Service; (d) to respond to claims that such contents violate
the rights of third-parties; (e) to protect the rights or property of
directcallback or others.
and agrees that technical processing of e-mail communications is or may
be required (a) to send and receive messages; (b) to conform to the technical
requirements of connecting networks; (c) to conform to the limitations
of the Service; or (d) to conform to other, similar technical requirements.
for use of the Service, User agrees to: (a) provide true, accurate, current
and complete information about User as prompted by the Registration Form,
and (b) to maintain and update this information to keep it true, accurate,
current and complete. This information about a User shall be referred
to as "Registration Data." If any information provided by User is untrue,
inaccurate, not current or incomplete, directcallback has the right to
terminate User's account and refuse any and all current or future use
of the Service.
RESALE OF THE SERVICE
not transfer or assign this agreement or its right to access or use the
Service without a prior written consent of directcallback. Without prejudice
to any to the remedies or recourses directcallback may have for the unauthorised
assignment, transfer or use, all revenues derived by the User from such
unauthorised assignment, transfer or use shall belong solely to directcallback.
ICONS, RINGTONES AND POSTCARDS
shall be valid for directcallback ringtones, icons and postcards (henceforth
referred to as 'download items' or 'items'): 1) Before the User orders
a download item he shall make sure that his mobile phone supports it (
i.e. the phone supports the Nokia Smart Messaging System). The User can
check the compatibility of the mobile phone on the directcallback site
where the supporting handset models are listed. 2) When directcallback
receives the User's order for a download item, directcallback will send
it within 1 - 20 minutes. In the event that directcallback for any reason
considers it necessary not to perform the download no credits will be
charged. 3) Directcallback will not be responsible for errors, mistakes
or delays that are caused for the following reasons: a) the User has given
an incorrect phone number or other incorrect information before downloading
an item b) the User's network operator does not support SMS-messaging
or the Smart Messaging System c) the User is out of his operator's network
coverage. directcallback shall not be responsible for damages caused to
a person or the mobile phone, which has received a download item. 4) In
the event that the User has downloaded an item even though his mobile
phone does not support it or one of the errors mentioned in section 3)
has occurred, directcallback has the right to deduct credits from the
User's credit account even though the mobile phone never received the
item. 5) Download items are protected by copyrights and trademarks. After
downloanding an item the User may save it on a mobile phone but it is
strictly prohibited to: a) save an item elsewhere b) edit or modify the
item c) copy, distribute or forward an item to third parties or to allow
third parties to access it (with the exception of picture messages to
Nokia 3210, Nokia 8210, Nokia 8850 phones).
CHANGES IN THE SERVICE AND NOTICES BETWEEN directcallback AND THE USER
may change the directcallback.com Terms of Service from time to time.
User will be notified of any such changes by a start-up screen on the
directcallback website describing the changes. By clicking on the "I Accept"
button that follows the posted changes User agrees to be bound by the
modifications to the directcallback.com Terms of Service. If User does
not click the "I Accept" button, User's account will be terminated.
reserves the right to modify or discontinue, temporarily or permanently,
the Service with or without notice to User. User agrees that directcallback
shall not be liable to User or any third-party for any modification or
discontinuance of the Service.
have a right to terminate the agreement effective immediately by serving
a termination notice to the other party. By the termination of the agreement
directcallback has a right to delete all information on User's account.
to User or to the Service shall be made via either e-mail to the User's
directcallback e-mail account or by notifying User by a start-up screen.
to abide by all applicable laws and regulations when using the Service.
User agrees to be solely responsible for the contents of transmissions
through the Service under User's password or account.
receive a password and account designation upon completing the registration
process. User is responsible for maintaining the confidentiality of the
password and account, and is fully responsible for all activities which
occur under User's password or account. User agrees to immediately notify
the Service of any unauthorised use of User's password or account or any
other breach of security.
not to transmit through the Service any unlawful, harassing, libellous,
privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind, or any material that violates the
rights of a third party, including but not limited to the intellectual
property rights of that party. User agrees not to transmit through the
Service any computer viruses, Trojan horses, worms or other software routine
designed to permit unauthorised access to a computer system or to disable,
erase or otherwise damage software, hardware or data or cause computer
system to become inoperative.
not to transmit "junk mail", "spam", "chain letters", or unsolicited mass
distribution of e-mail.
to indemnify and hold directcallback and its parents, subsidiaries, affiliates,
officers, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of User's use of the Service, User's connection to the Service, User's
violation of the directcallback.com Terms of Service, or User's violation
of any rights of another.
will use the common standard of the business to store and protect User's
e-mail messages and other data stored under User's account. However, directcallback
assumes no responsibility for the deletion or failure to store e-mail
messages. directcallback may establish an upper limit on the size of message
storage it will maintain for User.
and agrees that a termination of Service or the agreement may be effected
without prior notice, and acknowledges and agrees that directcallback
may immediately delete e-mail files in User's account and bar any further
access to such files or the Service.
that directcallback may terminate User's password, account or use of the
Service if directcallback believes (a) that User has violated or acted
inconsistently with the letter or spirit of the directcallback.com Terms
of Service, or (b) that User has violated the rights of directcallback,
or other Users or parties.
agrees that directcallback may terminate User's password, account or use
of the Service if User fails to use the Service for a reasonable period
of time. This period of time will be determined by directcallback from
time to time but shall not be less than three months.
PROMOTIONS IN THE SERVICE
with or participation in promotions of advertisers found on the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between User and such advertiser.
may provide, or Users may include in e-mail, links to other Web sites
or resources. User acknowledges and agrees that directcallback is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites
PROPRIETARY RIGHTS OF directcallback
acknowledges and agrees that content, including but not limited to text,
software, music, sound, photographs, graphics, video, etc. presented to
User through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. User acknowledges
and agrees that User is permitted to use this material and information in
any way only as expressly authorised by directcallback or advertisers.
AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAKES NO WARRANTY THAT THE SERVICE WILL MEET User's REQUIREMENTS, THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES directcallback MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE.
AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT User's OWN DISCRETION
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM directcallback
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
THAT directcallback IS NOT RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS
BETWEEN directcallback AND THE USER, INCLUDING BUT NOT LIMITED TO THE
TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. directcallback
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR
IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN directcallback
AND THE USER.
THAT directcallback SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION
OF User's TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF directcallback
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION
OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT.
THAT directcallback SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM UNAUTHORISED ACCESS BY
THIRD PARTIES TO THE INFORMATION TRANSMITTED BETWEEN directcallback AND
THE USER DURING THE TRANSMISSION, INCLUDING, BUT NOT LIMITED TO UNAUTHORISED
ACCESS BY THIRD PARTIES TO THE PAYMENT INFORMATION SUCH AS CREDIT CARD
NUMBER OF THE USER.
Terms of Service and the relationship between User and directcallback
shall be governed by the laws of SPAIN. All disputes, controversies and
claims arising out of or relating to the Service or to these Terms of
Service shall be resolved by the court of Marbella, SPAIN
of directcallback to exercise or enforce any right or provision of the
directcallback.com Terms of Service shall not constitute a waiver of such
right or provision. If any provision of the directcallback.com Terms of
Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the directcallback.com Terms of Service remain in full force
or cause of action arising out of or related to use of the Service or
the directcallback.com Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.