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You should read these terms and conditions carefully before using this web site (the “Site”). By accessing or using this Site, you agree to be bound by these terms and conditions and the 8 Mobile limited (“8 Mobile”) Privacy Policy (click here to view the Privacy Policy). No proposed variation, amendment or changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.
Please note that the sale of products and services on the Site are governed by separate [8 Mobile] Terms and Conditions.
1. Availability and Condition of Use
The Site is made available to you by 8 Mobile. Whilst 8 Mobile makes every effort to ensure that the Site is available, 8 Mobile does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Further 8 Mobile reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful under applicable law, prohibited by these terms and conditions or to defame, disparage any body or in a manner which is obscene, derogatory or offensive. You are responsible for ensuring that your use of the Site is consistent with all applicable laws and regulation. 8 Mobile reserves the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms and Conditions or any applicable law.
2. Ownership, Use and Intellectual Property Rights
This Site and all content within the Site is owned and operated by 8 Mobile and/ or its licensors. 8 Mobile and its licensors reserves all its rights.
The Site is for your personal and non-commercial use. You must not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by 8 Mobile.
Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site belongs to 8 Mobile and/ or its licensors. All rights are reserved for the benefit of 8 Mobile and/ or its licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
© 2010 8 Mobile Limited. 8 Mobile is a trademark of 8 Mobile Other trademarks and trade names may be used on this site to refer to the entities claiming the marks and names of the marks and names of the product. 8 Mobile disclaims proprietary interest in the marks and names of others. The use or misuse of these trademarks or any other content on this site except as provided in these terms and conditions or in the site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any 8 Mobile’s trademark without 8 Mobile’s prior written permission.
3. Software
Any software that is made available for downloading from the Site is the copyrighted work of 8 Mobile and/or its licensors.
You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies or is included with the software. You will not be able to install any software unless you agree to be bound by the end use license agreement.
The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of the Software not in accordance with the end user license agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, 8 Mobile hereby disclaims all warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
4. Submissions
8 Mobile appreciates hearing from our customers and welcome your comments regarding 8 Mobile’s products, including its on line services. 8 Mobile company policy does not encourage you to send to 8 Mobile any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as "Unwanted Submissions"). While 8 Mobile values your feedback on its services and products, 8 Mobile request that you be specific in your comments on those services and products, and not submit any Unwanted Submissions.
Notwithstanding the foregoing, any submissions (including Unwanted Submissions) made to 8 Mobile shall be deemed to be 8 Mobile’s property. 8 Mobile shall not be subject to any obligation of confidentiality in relation to such submissions and shall not be liable for any use and/ or disclosure of such submissions. 8 Mobile shall be entitled to utilise such submissions in any manner it sees fit.
5. Posting of Information
Except for any personal information we may collect from you which is governed by our privacy policy (click here to view the Privacy Policy), any communication or material you post or transmit to 8 Mobile over the Internet is, and will be treated as, non confidential and non proprietary. By transmitting or posting any communication or material to this site, you agree that 8 Mobile or any of its affiliates or Group Company may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, and posting. Although 8 Mobile reserves the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site from time to time, 8 Mobile is under no obligation to do so and assumes no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. 8 Mobile shall have the right at any time and for any reason to remove any communication or material posted on the Site.
6. Disclaimers
While 8 Mobile uses reasonable efforts to include accurate and up-to-date information on the Site, 8 Mobile does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on this Site is at your own risk. Nothing in this Terms and Conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
Content on the Site is provided for your general information purposes only and to inform you about 8 Mobile and its products and news, features, products, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
7. Hyperlinks and Third Party Sites
The Site may contain hyperlinks or references to external third party web sites. Any such hyperlinks or reference is provided for your convenience only. 8 Mobile has no control over such third party web sites and accepts no responsibility in relation to any content, material or information contained therein. The display of such hyperlinks and reference to such third party web sites do not constitute an endorsement of such third party’s web site, products or services. Your use of such third party sites may be governed by the terms and conditions of such third party sites.
8. Warranties and Limitation of Liability
You agree that your use of the Site is on an “as is” and “as available” basis. Consequently 8 Mobile makes no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and up-to-datedness or any content and information on the Site, or as to satisfactory quality, merchantability or fitness for particular purpose.
To the maximum extent permitted by applicable law, 8 Mobile excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which 8 Mobile may otherwise have to you as a result of:
a. any error or inaccuracies in any information or material within or relating to the Site;
b. the unavailability of the Site for whatsoever reason; and
c. any representation or statement made on the Site.
Under no circumstances shall 8 Mobile be liable to you for any loss of damage suffered (including without limitation direct or indirect losses) arising from your use of the Site (including the downloading or any software, program or information) or reliance thereon.
For the avoidance of doubt, 8 Mobile does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by 8 Mobile on the Site or for any other statutory rights which are not capable of being excluded.
9. Indemnity
If you are in breach of any of these terms and conditions, you agree to indemnify and hold 8 Mobile harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by 8 Mobile in relation to or arising from such a breach.
10. General
8 Mobile reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by 8 Mobile. It is your responsibility to check these terms and conditions from time to time to verify such variations.
These terms and conditions contains the entire understanding and agreement between 8 Mobile and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or 8 Mobile which is not contained herein. Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.
