TERMS OF SERVICE
0. OBJECT
Kimia Solutions, S. L. is a Spanish company located in C/ Fuencarral 5, 1 izquierda, 28004 Madrid, Spain with Spanish registry number CIF B-84790187. Telephone number: +34 912 919 939. Email address: contact.snaxxx@playnet.mobi
This entity is registered in the Mercantile Registry Office in Madrid, volume 23072, sheet 171, page M-413375 registration 1.
The service (hereinafter referred to as "PlayNet.Mobi"), will be available via different URL´s and/or under different brands. The present Terms and Conditions of use cover all services that are available at the following URL´s and/or can be identified under the following brands:
* MobiDick.TV
* M.ClubSeventeen.Com
* Temagay.com (mobile site)
* Aztepajas.com (mobile site)
* Sexomix.com (mobile site)
* ElPatriarcaXXX.com (mobile site)
* Macizorras.com (mobile site)
* VideosMoviles.TV (mobile site)
* Sextrellas.com (mobile site)
* LaschicasdeJorge.com (mobile site)
* Damevideos.es (mobile site)
* Sexfoner.com (mobile site)
* Videosamateur.es (mobile site)
* Videosgratis.tv (mobile site)
* Rubias19.com (mobile site)
* Holylol.com (mobile site)
* MadThumbs.com (mobile site)
* PeterPaulxxx.com (mobile site)
* Marqueze.net (mobile site)
* Babosas.com (mobile site)
* TuPorno.tv (mobile site)
* MuyZorras.com (mobile site)
The present document constitutes the agreement between yourself and Kimia Solutions, S. L. (Kimia Solutions) that contains the terms that regulate your use of the PlayNet.Mobi service. The present Agreement – together with all its updates, additional clauses and any of Kimia´s policies that are referred to – constitute the "Agreement" between you and Kimia Solutions. You agree to accept and to comply with the present conditions under these terms. Any change, addition or elimination will not be accepted, and Kimia Solutions can deny your access to the PlayNet.Mobi service in case of noncompliance of any of the terms of the present Agreement.
This entity is registered in the Mercantile Registry Office in Madrid, volume 23072, sheet 171, page M-413375 registration 1.
The service (hereinafter referred to as "PlayNet.Mobi"), will be available via different URL´s and/or under different brands. The present Terms and Conditions of use cover all services that are available at the following URL´s and/or can be identified under the following brands:
* MobiDick.TV
* M.ClubSeventeen.Com
* Temagay.com (mobile site)
* Aztepajas.com (mobile site)
* Sexomix.com (mobile site)
* ElPatriarcaXXX.com (mobile site)
* Macizorras.com (mobile site)
* VideosMoviles.TV (mobile site)
* Sextrellas.com (mobile site)
* LaschicasdeJorge.com (mobile site)
* Damevideos.es (mobile site)
* Sexfoner.com (mobile site)
* Videosamateur.es (mobile site)
* Videosgratis.tv (mobile site)
* Rubias19.com (mobile site)
* Holylol.com (mobile site)
* MadThumbs.com (mobile site)
* PeterPaulxxx.com (mobile site)
* Marqueze.net (mobile site)
* Babosas.com (mobile site)
* TuPorno.tv (mobile site)
* MuyZorras.com (mobile site)
The present document constitutes the agreement between yourself and Kimia Solutions, S. L. (Kimia Solutions) that contains the terms that regulate your use of the PlayNet.Mobi service. The present Agreement – together with all its updates, additional clauses and any of Kimia´s policies that are referred to – constitute the "Agreement" between you and Kimia Solutions. You agree to accept and to comply with the present conditions under these terms. Any change, addition or elimination will not be accepted, and Kimia Solutions can deny your access to the PlayNet.Mobi service in case of noncompliance of any of the terms of the present Agreement.
1. DEFINITION OF THE SERVICE
Kimia Solutions is the provider of PlayNet.Mobi (the "Service") that allows you to acquire via mobile phone licensed downloads of digital content, including sound recordings, texts, graphics, photographs and videos, of explicit sexual nature, under the terms and conditions that are established in the present Agreement.
2. USE OF THE SERVICE
a) Applicable Terms. The present Agreement applies to any use of the PlayNet.Mobi Service.
b) Minimal Required Age. This service is only available to persons who have reached the age of majority and who comply with the necessary requirements to have access to adult materials. You accept that by using the Service you may encounter contents that could be considered offensive, indecent, or censurable and that could contain explicit sexual language. You consent to using the Service, and agree that Kimia Solutions 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 Kimia Solutions does not guarantee its precision. You commit not to exhibit this material to minors or to any other person who does not comply with the stipulated terms.
c) System Requirements. The use of The Service requires:
.- A mobile device with the capacity to download and reproduce video.
.- A wireless data connection via a point of access (or APN) that allows the identification of the user. Any possible connection fees shall be the sole and exclusive responsibility of the service user, and are in no way included in the service´s access tariffs.
.- A wireless data connection with sufficient band width to download multimedia content at a reasonable speed.
Considering that the use of the Service requires the use of hardware, software and Internet access, your capacity to use the Service could be affected by the performance of these factors. You acknowledge and accept that it is your responsibility to obtain the aforementioned system requirements.
d) Definitive Nature of Purchase. All purchases realized through the PlayNet.Mobi Service have a definitive nature. You do not have the right to revoke any purchase realized through PlayNet.Mobi once the subscription process has been completed. PlayNet.Mobi Services are immediately activated when you finish the subscription process.
e) Privacy Policy. The Service is subject to the Privacy Policy of Kimia Solutions. If you have not yet read the Privacy Policy of Kimia Solutions, you must do it now.
f) User Account Security. As a registered Service user, you may establish an account (The "Account") upon registration to the Service. You are responsible for maintaining all data related to your account strictly confidential. You shall not reveal your Account information to any third person nor use any third party´s Account. You are entirely responsible for all your account activity and you are obliged to immediately notify Kimia Solutions of any unauthorized use of your Account or of any other security infringement that you have knowledge of. Kimia Solutions will not respond for any loss due to unauthorized use of your Account that is not caused by Kimia Solution´s negligence.
g) Requirements related to the Products. You accept that specific uses of the contents acquired through the Service may require the use of third party hardware and software products, and that these are your responsibility.
b) Minimal Required Age. This service is only available to persons who have reached the age of majority and who comply with the necessary requirements to have access to adult materials. You accept that by using the Service you may encounter contents that could be considered offensive, indecent, or censurable and that could contain explicit sexual language. You consent to using the Service, and agree that Kimia Solutions 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 Kimia Solutions does not guarantee its precision. You commit not to exhibit this material to minors or to any other person who does not comply with the stipulated terms.
c) System Requirements. The use of The Service requires:
.- A mobile device with the capacity to download and reproduce video.
.- A wireless data connection via a point of access (or APN) that allows the identification of the user. Any possible connection fees shall be the sole and exclusive responsibility of the service user, and are in no way included in the service´s access tariffs.
.- A wireless data connection with sufficient band width to download multimedia content at a reasonable speed.
Considering that the use of the Service requires the use of hardware, software and Internet access, your capacity to use the Service could be affected by the performance of these factors. You acknowledge and accept that it is your responsibility to obtain the aforementioned system requirements.
d) Definitive Nature of Purchase. All purchases realized through the PlayNet.Mobi Service have a definitive nature. You do not have the right to revoke any purchase realized through PlayNet.Mobi once the subscription process has been completed. PlayNet.Mobi Services are immediately activated when you finish the subscription process.
e) Privacy Policy. The Service is subject to the Privacy Policy of Kimia Solutions. If you have not yet read the Privacy Policy of Kimia Solutions, you must do it now.
f) User Account Security. As a registered Service user, you may establish an account (The "Account") upon registration to the Service. You are responsible for maintaining all data related to your account strictly confidential. You shall not reveal your Account information to any third person nor use any third party´s Account. You are entirely responsible for all your account activity and you are obliged to immediately notify Kimia Solutions of any unauthorized use of your Account or of any other security infringement that you have knowledge of. Kimia Solutions will not respond for any loss due to unauthorized use of your Account that is not caused by Kimia Solution´s negligence.
g) Requirements related to the Products. You accept that specific uses of the contents acquired through the Service may require the use of third party hardware and software products, and that these are your responsibility.
3. USE OF THE PRODUCTS. TERMS OF USE
a) The use that you make of the products is subject to the previous acceptance, on your part, of the present legal Agreement.
b) The license conceded to you in virtue of the present Agreement only permits you to use the products for personal, and not for commercial use. You are not allowed to redistribute, transmit, surrender or sublicense this license, to the extent permitted by law.
c) You have the right to export, record (if this applies) or copy Products exclusively for personal and not for commercial use. This right does not constitute any concession, renouncement or limitation of any rights of the copyright owners of any audio or video content, sound recording, underlying musical composition or artistic work represented in any of the Products.
d) You engage not to try for yourself, or assist or encourage others, to evade, avoid or modify any security technology or software that forms part of the Service or that is used to administer the Terms of Usage or interfere, eliminate or alter any right to operate information related to the Products. You also engage not to interfere with, eliminate or alter any rights of information management related to the Products.
e) The delivery of Products does not suppose a transmission, in your favour, of any rights for commercial or promotional usage of the Products.
f) You acknowledge that your purchase/acquisition of the Products constitutes your acceptance and engagement to use such Products exclusively in accordance with the Terms of Use, and that any other use of the Products constitutes an infringement of the author´s copyrights.
g) Kimia Solutions is not the producer (primary nor secondary) of any of the videos that appear in any of the websites of the PlayNet.Mobi 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.
b) The license conceded to you in virtue of the present Agreement only permits you to use the products for personal, and not for commercial use. You are not allowed to redistribute, transmit, surrender or sublicense this license, to the extent permitted by law.
c) You have the right to export, record (if this applies) or copy Products exclusively for personal and not for commercial use. This right does not constitute any concession, renouncement or limitation of any rights of the copyright owners of any audio or video content, sound recording, underlying musical composition or artistic work represented in any of the Products.
d) You engage not to try for yourself, or assist or encourage others, to evade, avoid or modify any security technology or software that forms part of the Service or that is used to administer the Terms of Usage or interfere, eliminate or alter any right to operate information related to the Products. You also engage not to interfere with, eliminate or alter any rights of information management related to the Products.
e) The delivery of Products does not suppose a transmission, in your favour, of any rights for commercial or promotional usage of the Products.
f) You acknowledge that your purchase/acquisition of the Products constitutes your acceptance and engagement to use such Products exclusively in accordance with the Terms of Use, and that any other use of the Products constitutes an infringement of the author´s copyrights.
g) Kimia Solutions is not the producer (primary nor secondary) of any of the videos that appear in any of the websites of the PlayNet.Mobi 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.
4. TERRITORY AND GENERAL COMPLIANCE OF THE LEGISLATION
The Service is controlled and exploited by Kimia Solutions from its offices in Madrid, Spain. You are obliged to comply with the laws, regulations, decrees, and local and national rules that are applied to the use that you make of the Service.
5. OBLIGATION TO PAY
a. Products Payments. Upon subscribing to the PlayNet.Mobi Service you engage to pay all the Products 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 or wap–billing). You accept that Kimia Solutions, through the PlayNet.Mobi service, can charge the designated credit card or the phone invoice via wap-billing, for any of the purchased Products 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 Kimia Solutions with the necessary and valid means of payment to carry out all due payments.
b. In the case of subscription, the access to the Service will have the duration that corresponds to the subscription tariff, 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.
c. Right to modify Prices and Availability of the Products. The prices and the availability of the products can be modified anytime with regards solely to future purchases.
d. PlayNet.Mobi accepts payments via credit card or wap-billing. If a credit card is used for the purchase, the operation will be indicated in your bank statement as CASHOO.EU. In case of a payment via wap-billing, the operation will appear on your telephone bill. Kimia Solutions can obtain previous approval of the company that issues the credit card for the total amount of the purchase. Kimia Solutions accepts payments from the following cards: Visa and MasterCard. Credit cards have daily expense limits that can impede the processing of your order. 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 contact.snaxxx@playnet.mobi. The replies to the emails will be sent as soon as possible.
b. In the case of subscription, the access to the Service will have the duration that corresponds to the subscription tariff, 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.
c. Right to modify Prices and Availability of the Products. The prices and the availability of the products can be modified anytime with regards solely to future purchases.
d. PlayNet.Mobi accepts payments via credit card or wap-billing. If a credit card is used for the purchase, the operation will be indicated in your bank statement as CASHOO.EU. In case of a payment via wap-billing, the operation will appear on your telephone bill. Kimia Solutions can obtain previous approval of the company that issues the credit card for the total amount of the purchase. Kimia Solutions accepts payments from the following cards: Visa and MasterCard. Credit cards have daily expense limits that can impede the processing of your order. 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 contact.snaxxx@playnet.mobi. The replies to the emails will be sent as soon as possible.
6. INTELLECTUAL PROPERTY
a. Recognition of Property. You accept that the Service, including but limited to the Products, 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 Kimia Solutions, 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 the present document. You engage not to modify, lease, rent, loan, sell, distribute or create derived works from the Service in any unauthorized manner.
b. Removal of Contents or other Materials. Notwithstanding any other provision of the present Agreement, Kimia Solutions and its licensors reserve the right to modify the Service and therefore modify, suspend, remove or block access to any of the Products, content or materials offered by the Service at any time without prior notice. Kimia Solutions will in no way be responsible for the elimination or deactivation of the access to any of the Products, contents, or materials covered by this Agreement. Kimia Solutions 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.
c. Copyright. All copyrights relating to video material displayed on the Service are the property of Kimia Solutions and/or its licensors, who reserve all rights they may have in law or equity. Kimia Solutions has the appropriate licenses on the video material displayed. The use of any part of the service otherwise than permitted by these terms and conditions, 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.
d. All trademarks and graphic content of the PlayNet.Mobi service and other trademarks, service brands, graphics and logos used in connection with the Service are trademarks or registered trademarks of Kimia Solutions or its affiliates. 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.
b. Removal of Contents or other Materials. Notwithstanding any other provision of the present Agreement, Kimia Solutions and its licensors reserve the right to modify the Service and therefore modify, suspend, remove or block access to any of the Products, content or materials offered by the Service at any time without prior notice. Kimia Solutions will in no way be responsible for the elimination or deactivation of the access to any of the Products, contents, or materials covered by this Agreement. Kimia Solutions 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.
c. Copyright. All copyrights relating to video material displayed on the Service are the property of Kimia Solutions and/or its licensors, who reserve all rights they may have in law or equity. Kimia Solutions has the appropriate licenses on the video material displayed. The use of any part of the service otherwise than permitted by these terms and conditions, 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.
d. All trademarks and graphic content of the PlayNet.Mobi service and other trademarks, service brands, graphics and logos used in connection with the Service are trademarks or registered trademarks of Kimia Solutions or its affiliates. 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.
7. RESOLUTION
a. Resolution for Infringement. If you fail to comply with or if Kimia Solutions has reasonable grounds to believe that you have breached any of the provisions of this Agreement, including but not limited to, impayment of due fees, provisioning to Kimia Solutions of invalid credit card details or incorrect or incomplete Registration Data, failure to protect your Account information, violation of the Terms of Use or any license related to the software or infringement of the rights of third parties, Kimia Solutions may, at its sole discretion: (i) terminate this Agreement and/or cancel your Account, in which case you will remain responsible for paying all amounts due until the date of termination, including, and/or (ii) prevent access to the Service (or any part thereof).
b. Amendment or Termination of the Agreement. Kimia Solutions reserves the right to modify, suspend or discontinue the Service (or any part or content thereof) at any time and without any liability. The cancellation of the Service will not affect already acquired Products.
b. Amendment or Termination of the Agreement. Kimia Solutions reserves the right to modify, suspend or discontinue the Service (or any part or content thereof) at any time and without any liability. The cancellation of the Service will not affect already acquired Products.
8. ENFORCEMENT OF TERMS
Kimia Solutions reserves the right to take any steps it deems reasonably necessary or appropriate to enforce and/or verify compliance with this Agreement (including but not limited to the right of Kimia Solutions to cooperate with any legal process relating to your use of the Service and/or Products, and/or any claim made by a third party relating to your use of the Service and/or Products being unlawful and/or infringing the rights of that party). You acknowledge that Kimia Solutions has the right to disclose any Registration Data and/or any information about your Account, in accordance with data protection regulations, to state security instances, public officials and/or any third party, in case it is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to, the right of Kimia Solutions to cooperate with any legal process relating to your use the Service and/or Products, and/or any claim made by a third party relating to your use of the Service and/or Products being unlawful and/or infringes the rights of that party).
9. NO WARRANTIES
Limitation of Liability. Kimia Solutions will provide the service with a reasonable degree of professionalism and diligence. Kimia Solutions makes no other warranties about the service and in particular does not warrant that:
(i) your use of the service will be uninterrupted or error free. You agree that Kimia Solutions may occasionally interrupt the service for indefinite periods of time or cancel the service at any time for technical or operational reasons, in which case it shall communicate that fact to the extent possible;
(ii) the service will be free from loss, corruption, attacks, viruses, interference, acts of hacking or other interference in security, which constitute force majeure, and Kimia Solutions disclaims any liability with regard to them.
(i) your use of the service will be uninterrupted or error free. You agree that Kimia Solutions may occasionally interrupt the service for indefinite periods of time or cancel the service at any time for technical or operational reasons, in which case it shall communicate that fact to the extent possible;
(ii) the service will be free from loss, corruption, attacks, viruses, interference, acts of hacking or other interference in security, which constitute force majeure, and Kimia Solutions disclaims any liability with regard to them.
10. CHANGES
Kimia Solutions reserves the right to update, revise, supplement and amend this Agreement at any time, and establish standards, policies, or new or additional conditions regarding the use of the Service.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Kimia Solutions and governs your use of the Service, superseding any prior agreements between you and Kimia Solutions regarding the PlayNet.Mobi Service. If any provision of this Agreement is held invalid by a competent court, other provisions shall remain in force in all its aspects. Kimia Solutions is not responsible for any failure to comply with any of its obligations due to causes beyond its control.
12. ASSIGNMENT
Kimia Solutions reserves the right to assign or transfer to others its rights and obligations under this Agreement in part or in total, without needing your previous consent.
13. APPLICABLE LAW
This Agreement and the use of the Service are governed by the laws of Spain. This agreement shall be interpreted and enforced under Spanish law. Both parties, renouncing any other jurisdiction that may apply, submit to the Courts and Tribunals of Madrid for resolution of any questions which may arise from the agreements in this contract and its interpretation.
14. PRIVACY POLICY
Kimia Solutions, S.L., a Spanish Company located in C/ Fuencarral 5, 1 izquierda, 28004 Madri , Spain is the sole owner of the "PlayNet.Mobi" service.
In accordance with the prevailing legislation in Spain for data protection as well as for services related to the information society and electronic commerce, the user accepts that all personal data provided during the registration, or any other provided for the access to any of the PlayNet.Mobi services will be incorporated into the holders file of this company, with the purpose of providing the service and related tasks for billing and administration. The user agrees that Kimia Solutions, S.L. may store and use the registration data provided by the user, including credit card details, to provide the service and to apply tariff charges to his or her credit card.
Kimia Solutions, S.L., complies with the 11 July law (34/2002) for services related to the information society and electronic commerce. By accepting this privacy policy you give your explicit consent to be sent advertisements and commercial communications via e-mail, mobile phone or any equivalent means.
Likewise, you bestow your consent for Kimia Solutions S.L. to concede and transmit your data to third party companies for the purposes of service provisioning and payment processing. In this aspect, payments of subscriptions by credit card are regulated under the terms and conditions of use and are protected by the policy of privacy, of WalPay Limited, the company responsible for this service.
Kimia Solutions, S.L. engages to comply with its obligation of secrecy of personal data and its duty to treat them confidentially, and assumes all technical, organizational and security measures to avoid its alteration, loss, treatment or non authorized access, in accordance with the established Organic Law 15/1999 on 13th December for data of a personal data, together with any other relevant legislation.
The user will in any case be responsible for the veracity of the facilitated data, and Kimia Solutions reserves the right to exclude from the service any user that has provided false data, without prejudice to any Lawful action.
Any registered user can anytime exercise the right to access, rectify and cancel his data of personal nature by sending a written request to the owner of the file: Kimia Solutions, S. L. ("PlayNet.Mobi"), Fuencarral 5, 1 izquierda, 28004 Madrid, Spain.
In accordance with the prevailing legislation in Spain for data protection as well as for services related to the information society and electronic commerce, the user accepts that all personal data provided during the registration, or any other provided for the access to any of the PlayNet.Mobi services will be incorporated into the holders file of this company, with the purpose of providing the service and related tasks for billing and administration. The user agrees that Kimia Solutions, S.L. may store and use the registration data provided by the user, including credit card details, to provide the service and to apply tariff charges to his or her credit card.
Kimia Solutions, S.L., complies with the 11 July law (34/2002) for services related to the information society and electronic commerce. By accepting this privacy policy you give your explicit consent to be sent advertisements and commercial communications via e-mail, mobile phone or any equivalent means.
Likewise, you bestow your consent for Kimia Solutions S.L. to concede and transmit your data to third party companies for the purposes of service provisioning and payment processing. In this aspect, payments of subscriptions by credit card are regulated under the terms and conditions of use and are protected by the policy of privacy, of WalPay Limited, the company responsible for this service.
Kimia Solutions, S.L. engages to comply with its obligation of secrecy of personal data and its duty to treat them confidentially, and assumes all technical, organizational and security measures to avoid its alteration, loss, treatment or non authorized access, in accordance with the established Organic Law 15/1999 on 13th December for data of a personal data, together with any other relevant legislation.
The user will in any case be responsible for the veracity of the facilitated data, and Kimia Solutions reserves the right to exclude from the service any user that has provided false data, without prejudice to any Lawful action.
Any registered user can anytime exercise the right to access, rectify and cancel his data of personal nature by sending a written request to the owner of the file: Kimia Solutions, S. L. ("PlayNet.Mobi"), Fuencarral 5, 1 izquierda, 28004 Madrid, Spain.
15. TERMS AND CONDITIONS OF WALPAY LIMITED
Walpay Ltd
Terms of Use Agreement
Welcome to the Walpay Web site. Walpay maintains this Web site as a service to its customers. By using our Web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain products or services from this Web site.
15.1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Web site (the "Site"). This Agreement constitutes the entire and only agreement between Walpay and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
15.2. Copyright. All materials published on our Site, including, but not limited to, photographs, graphics, design, images, illustrations, marks, logos, sound or video clips and flash animation, compilation, magnetic translation, digital conversion, documents, information and other matters (collectively, "Content") related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way use or exploit any of the Content of the Site in whole or in part, except as permitted by Section 4. You do not acquire ownership rights to any Content viewed through the Site. The posting by Walpay of any Content on the Site does not constitute a waiver of any right in such Content.
15.3. Trademarks and Copyrights. Walpay respects the intellectual property of others, and we ask you to do the same as regards Walpay´s trade marks whether registered or unregistered and other product and company names mentioned on the Site. If you believe that your work has been copied in a way on our Site and constitutes copyright infringement, please contact us at info@walpayltd.com
15.4. Limited Right to Use. The viewing, printing or downloading of any Content from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
* Restrict, suspend or terminate your access to all or any part of the Site;
* Change, suspend or discontinue all or any part of the Site;
* Refuse, move, or remove any Content that is available on the Site;
You agree that Walpay will not be liable to you or any third party for taking any of these actions.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
* Restrict, suspend or terminate your access to all or any part of the Site;
* Change, suspend or discontinue all or any part of the Site;
* Refuse, move, or remove any Content that is available on the Site;
You agree that Walpay will not be liable to you or any third party for taking any of these actions.
15.5. Editing, Deleting and Modification. We reserve the right in our sole and absolute discretion to edit, delete or modify any Content appearing on the Site.
15.6. Indemnification. You agree to indemnify, defend and hold Walpay and its officers, directors, owners, employees, agents, consultants and advisers, partners and affiliates and licensors (collectively, "Affiliated Parties") harmless from and against any and all liability, loss, claim, cost and expense, including reasonable legal fees, incurred by Walpay and/or any Affiliated Party in connection with or related to your violation of this Agreement or use of the Site. Walpay reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Walpay and/or any Affiliated Party and you agree to cooperate with such defence.
15.7. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WALPAY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR PRODUCT OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WALPAY AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALPAY AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WALPAY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE CONTENT IS DISCLAIMED. WALPAY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY PRODUCTS OR SERVICES OR INFORMATION.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE CONTENT IS DISCLAIMED. WALPAY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY PRODUCTS OR SERVICES OR INFORMATION.
15.8. Use of Information. Walpay reserves the right, and you authorise Walpay, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15.9. Third-Party Services. Walpay will allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain products or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, invoicing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND FROM WALPAY, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS WALPAY LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO WALPAY SITE.
15.10. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants or Merchants to you. Walpay and the Merchants are independent entities and neither party has authority to make any representations or commitments on behalf of the other.
15.11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
15.12. Walpay´s Cashoo Wallet. The full Terms and Conditions of Walpay´s Cashoo Wallet namely, the Merchant Agreement can be found by visiting www.cashoo.eu or our Info Centre.
15.13. Links to other Web sites. The Site contains links to other Web sites. Walpay is not responsible for the content; accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by Walpay. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
15.14. Information and Press Releases. The Site contains information and press releases about Walpay. While this information was believed to be accurate as of the date prepared, Walpay disclaims any duty or obligation to update this information or any press releases. Information about companies other than Walpay contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
15.15. Dispute Resolution. Walpay may elect to resolve any dispute arising out of or relating to this Agreement or the Site by negotiation but if the dispute is not settled within twenty (20) days of the date of notice of the same then Walpay may submit the dispute to the competent courts for exclusive determination in accordance with Section 16 below.
15.16. Miscellaneous:
This Agreement shall be treated as though it were executed and performed in the Isle of Man and shall be governed by and construed in accordance with the laws of the Isle of Man. Any cause of action by you with respect to the Site (and/or any Content, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. This Agreement shall be interpreted as to its fair meaning and not strictly for or against Walpay or you. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Isle of Man. You expressly submit to the exclusive jurisdiction of the Isle of Man courts and consent to extra-territorial service of process where appropriate.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Walpay´s omission or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement shall be treated as though it were executed and performed in the Isle of Man and shall be governed by and construed in accordance with the laws of the Isle of Man. Any cause of action by you with respect to the Site (and/or any Content, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. This Agreement shall be interpreted as to its fair meaning and not strictly for or against Walpay or you. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Isle of Man. You expressly submit to the exclusive jurisdiction of the Isle of Man courts and consent to extra-territorial service of process where appropriate.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Walpay´s omission or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
16. POLICY OF PRIVACY OF WALPAY LIMITED
Privacy Policy
Our Commitment to Privacy
Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our customers and partners. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using the Walpay Ltd Web site (the "Site") and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.
Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our customers and partners. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using the Walpay Ltd Web site (the "Site") and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.
Information We Collect
When you visit the Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse the Site.
When you visit the Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse the Site.
16.1. Personal Information You Choose to Provide
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by post and telephone.
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by post and telephone.
16.2. Web Site Use Information
Similar to other commercial Web sites, our Site utilises a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how the Site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at the Site, and the Web sites visited just before and just after visiting the Site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
Similar to other commercial Web sites, our Site utilises a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how the Site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at the Site, and the Web sites visited just before and just after visiting the Site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
How We Use the Information You Provide to Us
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our customers´ personal information. As a customer, you will be given the opportunity, at least once annually, to notify us of your desire not to receive these offers.
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our customers´ personal information. As a customer, you will be given the opportunity, at least once annually, to notify us of your desire not to receive these offers.
What Are Cookies?
Cookies are a feature of Web browser software that allows Web servers to recognise the computer used to access a Web site. Cookies are small pieces of data that are stored by a user´s Web browser on the user´s hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user´s transactions on related Web pages. This makes it easier for a user to move from Web page to Web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalised.
Cookies are a feature of Web browser software that allows Web servers to recognise the computer used to access a Web site. Cookies are small pieces of data that are stored by a user´s Web browser on the user´s hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user´s transactions on related Web pages. This makes it easier for a user to move from Web page to Web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalised.
How We Use Information
We Collect from Cookies We use Web site browser software tools such as cookies and Web server logs to gather information about the Site users´ browsing activities, in order to constantly improve the Site and better serve our customers. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users of the Site as they move from one page to another. Web server logs allow us to count how many people visit the Site and evaluate the Site´s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you.
We Collect from Cookies We use Web site browser software tools such as cookies and Web server logs to gather information about the Site users´ browsing activities, in order to constantly improve the Site and better serve our customers. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users of the Site as they move from one page to another. Web server logs allow us to count how many people visit the Site and evaluate the Site´s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you.
Sharing Information with Affiliates
From time to time you may notice offers from outside companies advertised on the Site. We take measures to select product or service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies.
From time to time you may notice offers from outside companies advertised on the Site. We take measures to select product or service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies.
Sharing Information with Strategic Partners
We may enter into strategic marketing alliances or partnerships with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with strategic marketing alliances or partnerships, we will retain all ownership rights to the information, and we will not share information regarding your personal financial data.
We may enter into strategic marketing alliances or partnerships with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with strategic marketing alliances or partnerships, we will retain all ownership rights to the information, and we will not share information regarding your personal financial data.
Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request to info@walpayltd.com
Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request to info@walpayltd.com
How We Secure Information Transmissions
When you send confidential personal information to us on the Site, a secure server software encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches the Site.
Other emails that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information or account numbers to us through an unsecured email.
When you send confidential personal information to us on the Site, a secure server software encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches the Site.
Other emails that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information or account numbers to us through an unsecured email.
How We Protect Your Information
Information Security. We utilise encryption/security software to safeguard the confidentiality of personal information we collect from unauthorised access or disclosure and accidental loss, alteration or destruction.
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorised persons, processes and transactions.
Information Security. We utilise encryption/security software to safeguard the confidentiality of personal information we collect from unauthorised access or disclosure and accidental loss, alteration or destruction.
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorised persons, processes and transactions.
How You Access and Correct Your Information
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing info@walpayltd.com
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing info@walpayltd.com
Do We Disclose Information to Outside Parties?
We may provide aggregate information about our customers, sales, Site traffic patterns and related Site information to our affiliates or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this Privacy Policy.
We may provide aggregate information about our customers, sales, Site traffic patterns and related Site information to our affiliates or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this Privacy Policy.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
About Other Web Sites Linked to the Site
We are not responsible for the practices employed by Web sites linked to or from our Site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Site.
Please remember that when you use a link to go from the Site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on the Site, is subject to that Web site´s own rules and policies. Please read those rules and policies before proceeding.
We are not responsible for the practices employed by Web sites linked to or from our Site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Site.
Please remember that when you use a link to go from the Site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on the Site, is subject to that Web site´s own rules and policies. Please read those rules and policies before proceeding.
Your Consent
By using the Site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on the Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
By using the Site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on the Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.