Dada.net

DADA.NET™ SERVICES - TERMS OF USE

YOU MUST TAKE THE TIME TO READ http://terms.dada.net/uk/policy.AND UNDERSTAND THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS (THE “TERMS OF USE”) THAT APPLY TO YOUR USE OF OUR SERVICES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US: BY SENDING AN SMS OR MMS MESSAGE OR OTHERWISE USING ANY OF OUR SERVICES YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF USE, AND OUR PRIVACY POLICY, WHICH IS AVAILABLE HERE –

These “Terms of Use” contain the legal agreement between you and DADA.net S.p.A. (“we”, “our” or “us”) regarding your use of our Services. We use the terms “Service” or “Services” to refer, individually and collectively, to any or all of the proprietary DADA.net™ branded mobile digital content services which currently include mobi.DADA.net (which we will refer to as “mobi”), love.DADA.net (which we will refer to as “love”) and life.DADA.net (which we will refer to as “life”) and all of the associated services, features and functions of each and/or all of these Services that we make available to users. The term “Service” will also mean and shall be construed to include our Website and all the services, features and functions that are offered and made available on, through or using our Website, as well as all of the Content that appears on, or is accessible through, our Service.

When we use the term “Website” we mean http://uk.dada.net/, DADA.net S.p.A.but also all of the web locations and Internet addresses (e.g., URLs, domain names and pages) which we own or control and which we use to offer and/or provide the Services, as well as all equivalent, mirror, replacement, substitute or backup web sites and all included web pages. Our Privacy Policy and any Additional Terms (as defined below) that apply to you are part of these Terms of Use and form a part of your legally binding agreement with us regarding our Services.

You, and anyone using our Service, whether you are a Registered User or a Subscriber (both, as defined below), may be referred to in these Terms of Use as a “user”, even if you do not take advantage of all of our Services or all of the features and functions available to you. The words "use" or "using" include any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, access or attempt to access, interact with, use, display, view, print or copy, transmit, receive or exchange messages, data or communicate with our Service or any other user, person, firm or enterprise on or through our Service, or in any way utilize, benefit, take advantage of or interact with any feature, function or aspect of our Service, in any way and for any purpose whatsoever. We obtain certain information from all users of our Service, whether or not you are Registered User or a Subscriber and you should refer to our Privacy Policy that contains important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.

We reserve the right to change any or all of our Services at any time and from time to time as described in these Terms of Use. While there may be some Additional Terms that apply to our Services when you register or subscribe, you should always check back periodically and read these Terms of Use, our Privacy Policy and any Additional Terms, so you remain aware of the terms and conditions of your agreement with us at all times. By using or attempting to use our Service you are confirming that you have read, understand and agree to, and shall comply with all of the terms and conditions of these Terms of Use, including our Privacy Policy and any Additional Terms.

USING, REGISTERING AND SUBSCRIBING TO OUR SERVICES
The mobi, love and life Services collectively provide a suite of wireless mobile and Internet based DADA.net services that we invite you to take advantage of, in whole or in part. You do not have to register or subscribe to browse our Website and from time to time we may make available some features, promotions or other parts of certain Services we provide without charge and without requiring you to register or subscribe. For example, you may be able to browse or visit some portions of our Website and even participate in certain activities or take advantage of certain features, all in our sole discretion and which we can change from time to time without notice, without registering. You can enter your wireless or mobile device number on our Service (e.g., a mobile phone number) and even if you do not continue with the authentication or registration process, you may receive a limited number of e-newsletters or messages (unless you Opt-out) and you may be able to play sample streams of Content (e.g., a small sample provided on a promotional basis, usually without charge, and available while you are connected to our Service on the Internet).

When we use the term “Post”, “Posted” or “Posting” we are referring to any time you submit, provide, furnish, share, message, instant message, exchange, transmit or communicate any information (including personal information and profile information), ideas, images, audio-visual material, opinions, files, messages and User Generated Content (as defined below). In fact any time you communicate or make anything available or accessible on our Service or Website you will have “Posted” it. Parts of our Service are “Communities” – areas that contain profile, forum and chat services, web and mobile community and social networking features, Content and User Generated Content sharing, messaging and communication facilities, functions and capabilities that allow you and other users an opportunity to Post. We generally do not allow users to Post unless they are Registered Users or Subscribers to one or more of our Services.

Our life Service is a social networking service that allows you to Post such things as your writings, photographs, videos, audio files and links with users of our Service and anyone else connected to our Website. To participate in our life Service, you must become a Registered User. A “Registered User” is a user who registers with us, providing us with certain requested information about the user and his/her mobile device.

Our mobi Service includes a variety of digital music, mobile, video and text messaging features and our love Service is an online social networking, meeting and dating service. To use the mobi and love Services, you must agree to pay our then-current weekly subscription for mobi and love Services (the “Weekly Subscription”), and thus become a “Subscriber”.

Details concerning the Service you receive as a Subscriber, and of our Weekly Subscription (and any other charges) for that Service, are available at http://terms.dada.net/uk/costs.

If you become a Subscriber, and therefore agree to pay the Weekly Subscription that applies to you, you are agreeing to take the subscription Service that we make available to you promptly after you agree to pay the Weekly Subscription. This means that you do not have the right to cancel your status as a Subscriber, or the relevant subscription Service, during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

If you use or take advantage of any features, functions or services of our Services or you participate or engage in promotions, activities, or create, sign up for or participate in events or transactions in connection with our Services, you will be confirming your agreement to be bound by and comply with any and all additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”).

As a general rule, except where a specific promotion is available to you, unless you become a Registered User or a Subscriber, you will generally not be able to Post, use our subscription Services, our interactive Website or user-to-user messaging Services or take advantage of any features or functions which require registration or subscription.

All Registered Users and Subscribers must provide us with a verifiable mobile or wireless device number and we will transmit a personal identification number (“PIN”) back to that device. You must either use the PIN with that device to respond to us, enter the PIN on our Website, or otherwise follow our instructions for authentication during the registration process. In some cases, you will be able to create a DADA.net life account and become a Registered User through your mobile or wireless device – by sending an SMS or MMS message – and you understand that your wireless carrier may bill you in accordance with your agreement with them for those messages, even though we do not charge you to become a Registered User.

We may require you to go through an authentication process when you register with us or if you become a Subscriber. This is part of our normal security and verification procedures and while it may sometimes seem repetitive, these precautions are designed to enhance your safety and the safety of all our users and user Communities. We require all Registered Users to have a user name (not your real name) and a log-in code (which may initially be the PIN). If you register through your wireless or mobile device, we will provide you with an initial log-in code. If you register on our Website, then you may select your own code or password right during the registration. The PIN, password, codes and other unique log-in letters, numbers and symbols we will refer to as your “password” and once your registration (or subscription, if you become a Subscriber) is complete, we will allow you to change your password at any time and from time to time. We will refer to the unique combination of your mobile or wireless number (or your user name once you register or subscribe) and your password together, as your “User ID.”

Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. During registration or at other times when you use the Service, we may ask you to provide us with some additional information about yourself which is optional, but which enables us to customize the Service experience for you. We will indicate what information is required and what information is optional. We also have the right to require you to provide us with certain additional information (for example, a secret question and answer) for security or identity verification purposes. You are solely responsible for the confidentiality of your User ID and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your User ID or if someone else uses your User ID through no fault of ours, unless and until you notify us your User ID may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of, or activity associated with, your User ID or if you have any security concerns. You are solely responsible for all financial obligations that arise and all charges, costs, expenses,damages, liabilities and losses we incur or may suffer as a result of your failure to comply with your obligations.

OUR SUBSCRIPTION SERVICES

If you are a Subscriber, billing will take place through your wireless or mobile carrier. You agree to pay your wireless or mobile carrier (or authorize your wireless or mobile carrier to deduct from your pre-paid wireless or mobile carrier account) your Weekly Subscription at the rates in effect at the time of your subscription to our Service, as they may be changed from time to time under these Terms of Use. If you fail to pay your Weekly Subscription or your carrier does not make payment to us as required, we will have the right, without notice to you or anyone else, to suspend or terminate your subscription and right to use our subscription Services as a Subscriber. Unless we tell you otherwise, such termination will not automatically terminate your registration as a Registered User in our life or any other Service you may have registered for with us.

We reserve the right to change the Weekly Subscription, and to introduce supplemental fees or separate charges for specific Content, types of Content or services. After we post them on our website or notify you of such increases by sending you a message, these changes will apply from the date we specify (which, in the case of a change to the Weekly Subscription, will be no earlier than your next Weekly Subcription), and we will be deemed to have notified the changes to you even if you do not actually check our website or read the text message we send you.

We are not responsible and you release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of the date the error or discrepancy first appeared on your wireless or mobile carrier invoice, billing or account statement.

AGE REQUIREMENTS
If you are under the age of 16, you may not use our Services – not as a user, Registered User or as a Subscriber.

MODIFICATIONS

We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy and any Additional Terms that apply to our Service. We will post notices of material changes on our Website and we may also send you a text message or email about any changes. If you use our Service after we post a notice of a change, you will be bound by the change. Please check back to these Terms of Use frequently so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue, all or any portions of our Service where we have commercial, technical or other reasons to do so.

CONTENT; USER GENERATED CONTENT; RESPECTING THE RIGHTS OF OTHERS

“Content” refers to all content, ring tones, wallpaper, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, other proprietary information and materials and all copyright or otherwise legally protectible elements of our Service, tangible or intangible, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, which may be accessed and/or available from, are provided by or for your use in connection with our Service. Except for User Generated Content defined below or as otherwise set forth in these Terms of Use, Content is either our property or owned by our licensors, suppliers, operational service providers, advertisers, business and promotional partners or sponsors. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Service and you expressly agree that your use of our Service is solely at your own risk. You agree that all of these entities are third-party beneficiaries under these Terms of Use and both we and they can enforce these Terms of Use against you. You may only use Content, and our Service generally, for non-commercial personal use and for no other purpose and your right to use our Service is not assignable or transferable. Any rights not specifically granted to you by us are fully reserved by us and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution, or both.

“User Generated Content” refers to any material that you Post (whether in the nature of Content or otherwise) or that is Posted using your User ID and as noted above in the definition of Content, we do not claim ownership of (or any responsibility for) User Generated Content. However, with respect to User Generated Content that is Posted on any publicly accessible areas of the Service, you grant us a worldwide, royalty-free right and non-exclusive license to use, distribute, reproduce, modify, adapt, translate, publicly perform and publicly display such User Generated Content on the Service, in any and all of the areas of our Service to which you Post any User Generated Content, until you remove, withdraw or choose to no longer make such User Generated Content available. You understand and agree, however, that we have no control over other users or any other third parties having access to your User Generated Content, and we have and shall have no liability or responsibility for their acts or omissions, even if they obtained the User Generated Content from or through any of our Services.

We use the term “Marks” to refer to trade marks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Where Marks that are not our property are used by us, this use is made with the permission of the owner. You may not alter, delete, obscure or conceal any copyright, trade mark or other notices, whether in relation to Marks of otherwise, nor are you permitted to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content except as expressly authorised in these Terms of Use. You may only store, record, play back and download Content in accordance with any licence or authorisation that you are given through the Services. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under these Terms of Use.

Our Service may also contain, without limitation, technology and data that enables or activates certain identifying functions and music-related or content-related information, including name, artist, track and title information from us or our licensors and suppliers. You may only use these features through standard functions we provide through our Service and you may not provide, grant access, assign, copy, transfer or transmit any of such identification or content or music-related information to any other party or use it for any purpose other than as permitted in conjunction with our Service.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from our Service, and as an express condition of your use of our Service, you warrant to us that you will not use the Service for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of these Terms of Use, your permission to use Content automatically terminates and you must immediately destroy all Content in your possession or under your control.

We require all our users, including Registered Users and Subscribers, to respect all copyrights, service marks, trade marks and other intellectual property rights of ours and others. . If you believe our Service contains any material that infringes your rights (such as copyright) or the rights of anyone else, please click on the following link to go directly to our Notice and Procedure for Making Claims of Infringement and follow the procedures that are described. Of course, if you believe any Content violates any of our Terms of Use, please send us a message about it at mobi-uk@crm.dada.net. We cannot guarantee we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Use of Content is governed and restricted by our agreement with you, including these Terms of Use and any Additional Terms we tell you apply. The rules and restrictions that relate to the Use of Content are generally, but not exclusively, based on rights and limitations applied by Content owners and rights holders, but we must also reserve the right to establish and maintain rules for our own business reasons and reserve the right to modify these rules at any time and from time to time, as specified in the “Modifications” paragraph above. You may not, directly or indirectly, circumvent, reverse engineer, decrypt, alter, modify, restrict or interfere with any digital rights management, intellectual property or security protections we use to monitor and administer our rules for Content Use, nor are you permitted to attempt to do any of these things or induce or assist others to do any of these things. You acknowledge and agree if we no longer have the right to make certain Content available, you will no longer be able to obtain or use that Content, renew your rights or restore it through our Service, even if you originally obtained it from the Service. Whether as a Subscriber or a Registered User, your sole remedy in that event is to end your use of the Service.

We reserve the right, and you agree to permit us (if we require to do so), to install on your computers and mobile, wireless and portable devices (or include within the Content that is downloaded and installed when played), technology that manages the rules and digital rights that apply to Content. This technology, among other things, may track the number of times you play the Content and/or transfer Content to any portable devices and will, if we install it, report that information to us.

If you have downloaded Content, it is your responsibility not to destroy or damage such Content because we are not responsible if any Content you download is lost, destroyed or damaged. We have no obligation to restore your Content if that happens or to maintain records for the purpose of our or your doing so and that is solely your responsibility. Once Content is transferred to your portable device as permitted, you may not copy, distribute, transmit or transfer it from that portable device to any other portable device or media. You are also prohibited from sharing downloads, enabling or allowing the sharing of downloads, with anyone else.

WIRELESS SERVICES

To become, be and remain a Registered User or a Subscriber and take advantage of the mobile or wireless feature and functions of any of our Services, you must also have (1) an active contract with a mobile or wireless carrier licensed to distribute Service messages and Postings or access to a wireless or mobile communications network through which we make our Service available AND (2) mobile or wireless carrier services compatible with our Service and capable of enabling you to Post, send and receive messages, and/or use and download Content onto your designated wireless or mobile device. You, not us, are responsible for all equipment, software and communications resources and facilities necessary to connect to our Services and/or our Website, including, but not limited to, a wireless or mobile device that is in working order, compatible and suitable for use in connection with our Services. You must ensure your wireless or mobile device is compatible with our Services and is correctly configured and capable to enable SMS and, if applicable, downloads and/or Posting of WAP or any other Content. To receive WAP Content you will need to click on the link found in the SMS or the WAP ‘push’ link sent by us to commence the WAP Content download. If you cause or we reasonably suspect you may be causing interference with our Service in any way, you may be immediately disconnected and we may terminate your use of our Website and/or Services and your status as a user, Registered User and/or Subscriber. Upgrades, enhancements or changes to our Service which require changes to your wireless or mobile devices, equipment, software or communications resources or facilities are strictly your responsibility.

BY POSTING OR AGREEING TO RECEIVE MESSAGES, AS DESCRIBED IN THESE TERMS OF USE, YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY BE CHARGED BY YOUR WIRELESS OR MOBILE CARRIER FOR THESE POSTS AND/OR MESSAGES AND THAT THEIR MESSAGING RATES WILL APPLY UNLESS WE OR THEY EXPRESSLY TELL YOU OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY WIRELESS OR MOBILE CARRIER CHARGES (EMAIL, POSTING, SMS, TEXT OR OTHER MESSAGING OR OTHERWISE).

COMMUNITY REQUIREMENTS

You are solely responsible for all activities, acts and omissions that occur in, from, through or under your SMS messaging address, MMS messaging address, wireless or mobile device number, email address, account or User ID. You may not use, allow or enable others to use our Service or knowingly allow use by others, in any manner that is, attempts or is likely to:

(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else;

(b) affect adversely or reflect negatively on us, our Service or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Service, from becoming a Subscriber or from advertising, linking or becoming a supplier or licensor to us;

(c) send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, "spamming" (i.e., SPAM) or “phishing”;

(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other web site or web pages;

(e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information;

(f) forge any TCP/IP packet header or part of the header information in any message, email, chat or posting for any reason;

(g) violate any laws or regulations or infringe any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

(h) gain unauthorized access to our Service or any other users' account, User ID, names, passwords, personal information, Subscriber information, profile, or other computers, web sites or web pages connected or linked to our Service or to use our Service in any manner which violates or is inconsistent with these Terms of Use;

(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Service or the rights or use and enjoyment of our Service by others; or

(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Service.

You are solely responsible and liable for Postings made under your User ID, name, user name, email address, password and/or your registration, subscription and/or profile information, if any. Postings do not reflect our views and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting. If we determine, in our reasonable discretion, you have not complied with any of our Terms of Use or if, in our judgment, you or any Posting violates these Terms of Use, we reserve the right, at any time, without notice and without limiting any and all other rights we may have to (a) refuse to allow you to Post again, (b) remove and delete your profile, any Postings, your registration, subscription, User ID, user name or any other indicia or authorization to use all or any of our Services, (c) revoke your registration and/or subscription and right to use all or any of our Services and (d) use any technological, legal, operational or other means available to enforce these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration, subscription, access rights using your e-mail address, your User ID, user name and/or password.

You are also solely responsible for your interactions with other users. You understand we do not screen our users, Registered Users or Subscribers, and that we do not check backgrounds, nor verify any information provided by our users, Registered Users or Subscribers. We do not screen or monitor their Postings or interactions with other users, and we have no liability for or in connection with any Posting or interaction between users, even if they violate our Terms of Use or any other obligation that applies to them. We make no representations or warranties as to the conduct of our users or their compatibility with any users or others. You must take reasonable precautions in all interactions with others (including users, Registered Users of and/or Subscribers to our Services), particularly if you share personal information. You understand we make no guarantee, either express or implied, regarding your experiences or compatibility with users you meet through our Website or Services. Should you decide to meet in person any user whom you contact through the Service, you should always take sensible precautions, such as meeting in a well-lit, public place and being accompanied by a friend or family-member.

ANY USER GENERATED CONTENT (SUCH AS A PROFILE) RELATING TO YOU OR YOUR USER ID THAT APPEARS ON A PART OF THE SERVICE ACCESSIBLE TO OTHER USERS MUST NOT INCLUDE ANY CONTACT DETAILS, ADDRESSES OR OTHER MEANS OF DIRECT CONTACT FOR YOU. THIS IS FOR YOUR PROTECTION.

ADVERTISERS; LINKS TO THIRD PARTY SITES

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of or in connection with your use of our Service. For example, we may permit advertisers to display marketing and promotional material on our Service which we feel may be of interest to you and other users. All such communication, interaction and participation is strictly and solely between you and the third party(ies) involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any such third party).

The display of URLs, hypertext links on our Service (including within messages) or any other form of re-direction of your connection to, with or through our Service, (collectively, ‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or web sites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes how we treat personal information we obtain from you.

WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE SERVICE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION (BUT NOT ANY GUARANTEE) OF MEETING OUR INTERNAL SPECIFICATIONS FOR THE SERVICE; WE CANNOT AND DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, INCLUDING (WITHOUT LIMITATION) AS TO THE AVAILABILITY OR SPEED OF DELIVERY OF ANY PART OF THE SERVICE OR OF ANY CONTENT OR POSTING. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THE TERMS OF USE, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF FRAUD, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW.

WE SHALL BE LIABLE AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BUT SHALL HAVE NO OTHER OBLIGATION, DUTY OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY AND ANY OTHER TORT) OR OTHERWISE.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.

SUBJECT ALWAYS TO THE NEXT PARAGRAPH BELOW, WE SHALL BE LIABLE FOR DIRECT LOSS OR DAMAGE ONLY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHER TORT) OR OTHERWISE, AND WHETHER CAUSED BY OUR ACT OR OMISSION OR THAT OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS. OUR AGGREGATE LIABILITY DURING ANY SUCCESSIVE PERIOD OF ONE MONTH, THE FIRST OF WHICH SHALL BE DEEMED TO BEGIN ON THE DATE WHEN YOU BECOME A REGISTERED USER OR SUBSCRIBER (AS THE CASE MAY BE) (EACH A “QUARTER”), SHALL BE LIMITED TO WHICHEVER IS THE GREATER OF:

I. £9 (NINE POUNDS); OR
II. WHERE YOU ARE A SUBSCRIBER, THE SUMS (IF ANY) PAID BY YOU TO US FOR THE SERVICE DURING THAT MONTH.

WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHER TORT) OR OTHERWISE:

I. FOR ANY LOSS OF REVENUE, BUSINESS, ANTICIPATED SAVINGS OR PROFITS, OR
II. FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS DAMAGE, COSTS OR OTHER CLAIMS,

HOWSOEVER CAUSED OR ARISING, WHETHER THROUGH NON-SUPPLY OR LATE SUPPLY OF THE SERVICE OR OTHER NON-PERFORMANCE OF THE TERMS OF USE OR OTHERWISE.

EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THIS AGREEMENT, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF FRAUD, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW.

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

Our Service has a finite, and therefore limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages. Therefore, please do not rely on the timeliness or performance of our Service for any transactions, Posting, messages or other communications.

INDEMNIFICATION

You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you have improperly downloaded, used, copied or Posted any Content) (“Claims”), and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable legal fees) (“Losses”), resulting from your breach of these Terms of Use, or any material or Content that you Post or otherwise make available, or your alteration, or unauthorized use of Content or messages, your violation of any law or regulation, or your infringement, misappropriation or violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.

MISCELLANEOUS

These Terms of Use, including our Privacy Policy and any Additional Terms , are legally binding and constitute your agreement with us regarding the Service. They replace all earlier agreements and understandings with you relating to the Service, except for any fraud or fraudulent representation by either of us. They cannot be changed orally, by course of dealing or conduct or otherwise, but only as set forth in these Terms of Use. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms of Use or your use of our Service, regardless of the form of action or basis of the claim, may be brought by you more than 1 year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have. You may not transfer or assign these Terms of Use or your right to use our Service to anyone and any attempt to do so shall be void ab initio.

If you breach these Terms of Use or we are notified, determine or have reason to believe you have or are engaging in conduct that violates any terms and conditions of these Terms of Use, we may deactivate, cancel, suspend or terminate your registration, subscription and any other use of our Service, in whole or in part, immediately without notice to you. We also reserve the right to terminate your use and registration on or in any or all of our Services, at any time and for any reason, by seven days' notice to you. Upon termination for breach, we may declare all monies then due, owing and outstanding to us immediately due and payable and we will have no liability or further obligation of any kind to you or any other person and (to avoid any doubt) you will not be entitled to any refund.

You may terminate your Subscription, registration and User ID, at any time and for any reason, by sending an email requesting termination of your registration to mobi-uk@crm.dada.net with your user name, password, mobile number and email address. Again, note that you not be entitled to any refund or other compensation should you terminate your Subscription, registration or User ID.

LAW THAT APPLIES

Your use of our Service and these Terms of Use, shall be governed, construed and enforced under the laws of England. You unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Courts of England. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT INFORMATION

We are DADA.net S.p.A., and our address is Viale Giovine, Florence, Italy 17. We are a company registered in Italy under registration no. 13280390157. Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to mobi-uk@crm.dada.net and we will send our notices to you (at our option) either to the mobile phone number or (should if we offer this option) email address you notify to us when you register as a User as changed subsequently in your Account details.

KEEPING TERMS OF USE

We don't separately file the individual Terms of Use entered into by users, Registered Users and Subscribers when they agree to, register for or subscribe to the Service. You can access it at http://terms.dada.net/uk/terms. Please make a durable copy of the Terms of Use by printing and/or saving a downloaded copy on your own computer.

ENTIRE AGREEMENT

The Privacy Policy and any Additional Terms that may apply to you and your use of our Service are incorporated into and form a part of these Terms of Use as if fully set forth herein and together are intended to represent the complete and exclusive statement of terms and conditions between you and us regarding their subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.

For reference our Privacy Policy can be reviewed at any time at
http://terms.dada.net/uk/privacy

These Terms of Use was last modified on 1^st August 2007and are effective immediately.

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