TERMS AND CONDITIONS OF SERVICES
YOU MUST TAKE THE TIME TO READ AND UNDERSTAND THIS DOCUMENT BECAUSE IT CONTAINS THE TERMS AND CONDITIONS (HEREINAFTER “T&C”) THAT APPLY TO YOUR USE OF OUR WEBSITE AND SERVICES. THESE T&C CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US: BY USING ANY OF OUR WEBSITES OR SERVICES, INCLUDING INDIVIDUAL SERVICES AND/OR CONTENT, YOU ARE ACCEPTING AND AGREEING TO THIS T&C AVAILABLE ON THE SITE. IF YOU DO NOT AGREE TO THIS T&C, YOU MUST NOT USE THE WEBSITE OR ANY OF THE SERVICES.
The T&C contain the agreement between you and Dada.net S.p.A. “Company”, “us”, “our”), an Italian company whose registered and operational offices are at piazza Pietro Annigoni 9/b, 50122 Florence, VAT n. 13280390157. It is registered with the registry of companies in Florence under number REA 467460.
Hereinafter, the term “T&C” includes: (a) any Special Conditions that govern the use of an individual Service (which Special Conditions when will be notified to the User at the time when the Service is provided) and (b) any other legal notice published on the Website; these Special Conditions and legal notices will contain terms that it is necessary to pass on to the User for legal or regulatory reasons, or because they are dictated by the terms of the Company’s direct or indirect contracts with service providers or Mobile Carriers. The http://terms.dada.net/uk/privacy the section on http://terms.dada.net/uk/costs and any other additional conditions that may be applied to the User shall be considered as integral parts of the T&C.
Please note that services provided by third parties, including services provided by Mobile Carriers, are governed by terms and conditions and tariffs applied by those third parties.
DEFINITIONS
Access Codes – mean the authentication credentials needed to access the Website or the Service, such as your username (which may be your mobile number or other data requested when you registered and/or requested the activation of the Service) and your password (which may be the PIN number sent to you on your mobile phone during the Service registration or activation phase).
Content – means any audio file, video, image, text, information or other content or any applications including, but not limited to, ringtones, wallpaper, games, music, animation, newsletters, brand content, logos, graphics, and any other copyright or legally protected element, already created or to be created, published on the Website or made available to a User.
Mobile Carrier – means the network operator with which the User has a contract for the supply of wireless telephone services for the Wireless Device used for the Services.
Post/Posting/Posted – means when the User sends, transmits, exchanges, or in any way communicates any User Generated Material.
Registered User – means a User who subscribes providing personal information to obtain access to use some of the Services that are not available to Visiting Users, but only available to Users who have registered on the Website.
Services or Service – means, individually or collectively, any service and all the functions associated with it, offered on the Website or on or through Wireless Devices, whether free of charge or in return for payment directly to us or any third party ; it includes the Website and the services, functions and features that are made available to Users there; and includes both (a) “on-deck” services offered to mobile users by Mobile Carriers in collaboration with the Company, where the Company acts as the Content Provider, and (b) “off-deck” services, where the Company does not act as Content Provider for a Mobile Carrier.
Subscribed User – means a User who has signed up for subscription paid-for Services reserved for paying Users. Subscription to a Service requires registration on the Website
Use – means an activity carried out by the User, directly or indirectly, such as accessing, requesting access, interacting, using, viewing, navigating, printing, copying, transmitting, receiving, or exchanging information or communications with a Service, the Website or any User, company or entity through the Services; Posting; and any interaction with any feature, function or aspect of the Service or Website in any way or for any purpose.
User – means anyone who uses the Services or the Website.
User Generated Material – means any form of data, information, content or material, including (without limitation) audio, video, images and text, that is sent, transmitted, exchanged, or in any way communicated on or through the Services by any User.
Visiting User – means a User who navigates on the Website and/or who uses the functions or the Services available to general Users who are not required to register on the Website or subscribe to the Service.
Website – means the internet site reachable at the internet address http://uk.dada.net, but also all other internet addresses (e.g. URLs, domain names and pages) and WAP channels that the Company controls or manages and that are used to offer or provide Services, as well as all mirrors, substitutions and backups and all pages include therein.
Wireless Device – means mobile phones and in general any device that, regardless of other functions (such as voice, text and data exchange services or any other form of communication), a User uses for the activation or use of the Services.
THE TERMS AND CONDITIONS AND CHANGES TO THEM
Each and every User, regardless of whether he/she is a Visiting User, a Registered User or a Subscribed User, shall be subject to these T&C. Our systems gather information from the use of the Services by Users. Our Privacy Policy contains important information regarding the collection, retention and use of the information obtained from your use of the Services or navigation on the Website. We therefore invite all Users to carefully read http://terms.dada.net/uk/privacy. The Company reserves the right to modify at any time, the Services and the T&C, as well as the prices of the Services and/or the features associated with those Services (collectively, “Changes”). The Company will bring Changes to the attention of the User through the Website; the User may decline to continue using the Service if he/she does not agree to the Changes. By continuing to use the Service, the User will be indicating his/her agreement to the Changes
AGE AND DOMICILE
The Services and the Website are available to Users who reside the United Kingdom and who are at least 18 years of age. Any request for Registration or Subscription shall be deemed to have been made by a User of at least 18 years old and who is the holder of the telephone number for which activation was requested.
Parents and guardians may ask their Mobile Carrier to deactivate pay services on a mobile phone number available to a minor.
SERVICE USE, REGISTRATION AND SUBSCRIPTION
Navigation on some sections of the Website and the use of some the Services offered on the Website is entirely or partially free of charge. Some sections of the Website can be used by Visiting Users. We may, sometimes temporarily, make some Services available to Visiting Users. We may also allow Visiting Users to access some areas of the Site that are normally reserved for Registered or Subscribed Users. However, the majority of the Services and the features associated with said Services may be used only by Registered or Subscribed users. In some cases it is possible to register for the Website through a Wireless Device by sending an SMS or an MMS or by following a Wap procedure. In this case, the Mobile Carrier, in accordance with its conditions, may charge a fee to the User for sending such a request, even if the Service itself is free of charge. The Company does not require a fee to become a Subscribed User when following the registration procedure via the web or a WAP process or through a Wireless Device.
Users who want to register or subscribe for the Services must provide the Company with any personal data that is requested, and must follow the Service registration and/or activation procedure shown at the time of Registration or at the time of request for subscription to the Service. The authentication process is part of our normal security procedures. The purpose is to protect the security of the User and make sure that the User is truly interested in registering for or activating the Service. In some cases, the Company will send a password (PIN) to the mobile telephone number entered upon registration or a request for activation of a Service. This PIN must then be re-entered on our online form in order to confirm the previously entered mobile telephone number, as well as to confirm that the User is truly interested in activating the Service requested. In other cases, the User may be asked to send an SMS to a special number to confirm his/her desire to activate the Service.
Upon registration or upon request for activation of a Service the User may be asked to choose a username that will be used together with the PIN or with the chosen password to access the section reserved for Registered Users and/or Users who have activated a Service.
A User who registers for or subscribes to a Service undertakes that he/she is at least 18 years of age, that the personal data provided is true, correct, up-to-date and refers to the person who is entering the data, and assumes all liability for the correctness and truthfulness of the information provided. Should the data provided by the User change, the User shall be responsible for informing the Company of the changes as soon as possible.
Information concerning the processing of personal data collected by the Company is contained in our Privacy Policy. Upon registration you may be asked to view some information regarding the processing of personal data. In any case, our Privacy Policy will always be available to you on the pages of the Website.
If the User does not complete the procedure for registration or for subscription to a Service after providing his/her e-mail address and/or mobile telephone number or other data requested for activation, the User may receive a limited number of messages from us intended to prompt the User to conclude the registration or subscription process, describing the service for which the registration or subscription procedure had begun.
Knowledge of the User’s Access Codes by third parties may allow for them to have unauthorized access to the Website and/or to the activated Services. Registered or Subscribed Users must therefore be very careful with their Access Codes, keeping them confidential. If your Access Codes are lost or stolen, you must notify the Company of this immediately; the Company will provide for the deactivation and substitution of your Access Codes. Pending any such notice from the User, we shall be entitled to treat all access to and use of Services by means of a Registered or Subscribed User’s Access Codes as being performed by that Registered or Subscribed User. Accordingly, the User shall be liable, directly and indirectly, for any and all unauthorised or unlawful use of the Services, carried out by himself/herself or by third parties who use the Services in his/her name.
FREE SERVICES
On the Website some Services may be offered free of charge. Such Services may be offered, in whole or in part, to Visiting Users or they may be reserved, in whole or in part, to Registered or Subscribed Users. Visiting Users will not be required to pay any fees for or directly connected with the use of such Services.
The Company reserves the right to modify its offer at any time, converting previously free Services into paid-for Services (“Pay Services”) or making said Services available only to Registered or Subscribed Users. Upon modification of the offer, Users who began using the Service free of charge, who are interested in continuing to use the Service, may be required to pay the relevant fee in order to continue to use the Service.
PAY SERVICES
Some Services offered are offered to Subscribed Users or Registered Users (following their request) upon payment of a fee that will be paid in accordance with the payment methods indicated under the PAYMENT AND PAYMENT METHODS section below.
Pay Services may be provided a) by subscription, that is to say in a continuous way following the User’s request for activation of the Service by the User and until the Subscribed User requests deactivation or until the supply of the Service terminates for other reasons mentioned below, or b) as a one shot service, that is to say limited to the one-time use of the requested Service.
A subscription Service for mobile allows for the use of features and services referable to two major categories: a) download entertainment content such as ringtones, games, graphics, news and other information on compatible Wireless Devices, through internet pages (WEB and/or WAP), via SMS (Short Message Service) and/or voice access numbers or video calls; b) access via web and/or Wireless Device to Community Services, which facilitate interaction between Users, offered through the Website. A Community Service may, in part, be used by Registered Users who are not subscribed to the Pay Service.
Details regarding Pay Services and related Subscription and other costs for the use of the Service are available in the http://terms.dada.net/uk/costs section.
Subscribed Users may choose at any time whether to use the Services made available to them. To subscribe the User must have a Wireless Device on which he/she may request activation of the Service. The User has the possibility of paying for the Service via mobile (or by credit card or by paypal). When using a SIM card or payment method belonging to a third party the User who requests activation undertakes that he/she is authorized by the holder of that SIM card or payment method to request activation of the Service.
To use the Service via a Wireless Device, that Wireless Device must be compatible and correctly configured. The list of compatible devices can be found on the Website. Users must verify on the Website, before activating the Service, that their Wireless Device is compatible. We recommend that Users, in addition to verifying that their Wireless Device is correctly configured to use the Service, also verify that their Mobile Carrier supports the Service.
Every week, Subscribed Users will have a certain number of credits that they can use to choose the Content they want within certain limits and in accordance with the terms and conditions in [the http://terms.dada.net/uk/costs section. If these credits are not used as indicated in the Info&Costs section, the User will lose his/her right to use those credits, and (unless otherwise provided in this Agreement) will not be entitled to any refund of the payment made. The credits cannot be converted into money and can only be used for the use of Content offered through the relevant Pay Service.
The subscription price shall be paid by the User irrespective of whether the relevant Service is used, in whole or in part. If a User deactivates the subscription Service before using the relevant Service, the User will lose his/her right to use the subscription Service, and will not have any right to an alternative Service or any refund of the payment made.
Information as to costs, activation and deactivation conditions, Services, the quantity and type of Content included in the subscription, compatible Wireless Devices and other information concerning the subscription Service can be found in [the http://terms.dada.net/uk/costs section of the Website.
Exclusion of the Right of Cancellation under the Consumer Protection (Distance Selling) Regulations 2000: When a User requests activation of a Pay Service, and agrees to make the relevant subscriptionor other payment that applies to it, the User is agreeing to take the Service that we make available to the User promptly thereafter. This means that the User does not have the right to cancel the relevant Pay Service during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
RIGHT TO DEACTIVATE SERVICES – To promote User satisfaction and in order to avoid supplying the Service to a User who is no longer interested in receiving it, the Company gives Users the right to deactivate a Pay Service at any time; note, however, that there will be no refund of any amounts paid or to be paid before the request for deactivation, as withdrawal is not retroactive. For further information concerning the right to withdrawal we invite Users to contact us through our Help Form available on the Website or by writing to us at http://uk.dada.net/help/.
If the User has not communicated his or her deactivation of a Pay Service prior to the time when the payment for the Pay Service is actioned by the relevant Mobile Carrier (which will recur every seven days after the User’s Subscription) then the User may find that the Subscription continues for a further week.. This is because the continuation of the User’s Subscription may have been actioned before the User’s request for deactivation is received.
PAYMENT AND PAYMENT METHODS
[All Services available through Wireless Services are subject to the terms and conditions applied by the relevant Mobile Carrier.
In the event of pay Services are paid for by means of the User’s payment relationship with his/her Mobile Carrier (“Mobile Credit”), the relevant Mobile Carrier will provide for sending the User, periodically, in accordance with the frequency indicated in the Info&Costs section, one or more SMS that will charge the User, upon receiving the message, for the payment of an amount equal to the cost of the Service.
The method is much the same where payment through a fixed line telephony provider applies. The fixed line provider will periodically charge the subscription price for the Service directly through the telephone bill of the User who requested the activation of the Service.
All telephone connection costs and WAP, WEB and GSM/GPRS/UMTS traffic costs (which are clearly outlined in the http://terms.dada.net/uk/costs section are not included in the price paid for a Service and should therefore be considered additional costs. The User is also responsible for any and all internet connection costs and/or costs related to hardware/ software and more generally all costs incurred in the use of a Service which are not included in the price paid to us for that Service.
If payment for a Service is not made (for whatever reason; for example if the User’s Mobile Credit runs out) the Service may be suspended at any time, in whole or in part.
CONTENT– USER GENERATED MATERIAL
PROTECTION OF THE RIGHTS OF THE COMPANY, THIRD PARTIES AND COPYRIGHTED MATERIALS
Content
Content, the Website, Services and related applications and platforms are the property of the Company or licensed by third parties to the Company, are protected by national and international copyright and other intellectual property laws and rights. They are available for use by Users to the extent permitted by law and in accordance with this T&C.
The User shall be exclusively liable for any breach of copyright or other laws, this T&C or the Info&Costs section in its use of the Content. The User shall be liable to prosecution pursuant to the law. Although the Content has been carefully examined, it may contain errors, mistakes or omissions. The Company shall not be liable for such errors, mistakes or omissions, or for the way in which the User uses the Content.
The information contained on the Website is not intended to be relied upon by a User when making decisions. [Without limiting the previous sentence, the Company shall not be liable for the acts or omissions of Users relating to the use of any User Generated Material.]
Content made available to Users through the Website and/or the Services is exclusively intended for personal use, and may only be used for its intended purpose.
Unless otherwise specified, Content accessed through a certain device (mobile/computer/Wireless Device) may not be transferred, copied, or transmitted onto other devices, nor may Content be exchanged with other Users in any way. Further, the User may not use the Content for any purpose apart from its intended purpose (for example content intended for listening purposes may not be used as a ringtone on a Wireless Device or another type of device).
If the Service expressly allows for use of the Content on another device (and not solely on the device upon which the Content was downloaded) (DRM-free content), the transfer, copy, or transmission of said Content may be carried out exclusively on another device owned by or used exclusively by the same User. It is strictly forbidden to transmit Content to other Users or their devices, or in any way or allow other Users to benefit from said Content.
Any and all forms of distribution of Content by Users, whether gratuitously or for compensation, is strictly forbidden.
Any and all forms of transmission, communication and/or sharing of Content with others (including other Users), regardless of whether they are Registered or Subscribed to the Services, is strictly forbidden.
Save as permitted under the T&C, no part of the Website and/or the Content may be copied, reproduced, published, downloaded, modified or in any way altered, translated, codified, transmitted or distributed in any way on any computer, server, website or by any other means of communication or dissemination, without the express written consent of the Company.
Breach of the rules and regulations for use of the Content and/or breach of the Company’s rights or the rights of third parties will lead to the immediate loss of the right to use the Service without refund of any payment made, but without affecting the liability of the User for damages caused to the Company or to third parties.
User Generated Material
Users are liable for their User Generated Material; the Company shall not be liable to any person or entity for any of it. Each User indemnifies us against any claim, and any loss or damage that results from any claim, that User Generated Material Posted by that User, or associated with his/her Wireless Device, access to the Website or other Use, infringes any law or regulation or the rights of any person or entity.
The User grants the Company a royalty-free irrevocable unconditional licence of all User Generated Material Posted by him/her or otherwise associated with his/her Use. The licence granted to the Company includes the right to (but does not require the Company to) modify the graphical aspect or format, reproduce, modify, translate, digitize, publish and disseminate on the Services, Website or on other communication channels belonging to the Company or to Service partners User Generated Material, and to communicate it via web, e-mail, MMS, video and audio and/or on any other type of communications instrument in connection with the supply of the Service and for the purpose of publishing the User’s presence on the Service. These rights are granted worldwide and for the entire term of applicable copyright laws.
The User acknowledges that his/her User Generated Material will be accessible to other Users. The Company is not liable for the behavior of other Users, nor is the Company liable for how Users may make use of User Generated Material, including personal information contained therein. We nevertheless oblige Users to use the Service (including the User Generated Material of others) in accordance with the T&C, the law, and the rights of other Users and third parties.
The Company (without assuming any liability for Users’ failure to comply) requires Users not to:
a) publish personal information or images that the User wants to keep private or that may allow others Users to contact him/her directly (e.g. through an e-mail address or phone number). The Company requires Users not to publish third parties’ data and/or information without their prior consent.
b) publish information containing copyright materials such as (audio, video, images etc.) without first obtaining authorization from the owner of those rights.
c) publish content relating to minors or content that is pornographic, offensive, violent, disparaging, defamatory, racist or which incites racism or hate, which is damaging to anyone’s right to privacy, suggestive of illegal behaviour, which teaches illegal activities, which is threatening or which insults or offends other Users or other groups or individuals.
The Company shall have the discretion to decide whether to Post, decline to Post or remove from Posting User Generated Material. However, as we do not generally review User Generated Material, the fact that User Generated Material appears on a Service does not mean that any User Generated Material has been deemed acceptable by the Company. We rely upon Users to notify us of User Generated Material that appears to infringe this T&C, the law or any person’s rights or obligations. Accordingly, we reserve the right, but do not have any obligation, to remove from any Service User Generated Material that comes to our attention as infringe (or appearing to infringe) this T&C, the law or any person’s rights or obligations. See Reporting of User Generated Material below.
The Company does not have any obligation to back up material Posted by the User. The User is therefore invited to save a copy of any User Generated Material he/she Posts, should the User be interested in using that User Generated Material for other reasons in the future. In any event we invite Users to make a back up of the pages where he/she has Posted User Generated Material.
Data we hold concerning a User, including personal data, may be disclosed to a person or entity (including a law enforcement or governmental authority) if it makes a legally-compliant request for that disclosure.
USE OF THE SERVICES AND INFORMATION. USER WARRANTIES AND LIABILITIES
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND UNLESS OTHERWISE SPECIFIED, THE USER SHALL BE SOLELY LIABLE FOR HIS/HER USE OF THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS” AND “AS IT IS AVAILABLE”.
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; HOWEVER, 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.
WE SHALL BE LIABLE AS EXPRESSLY PROVIDED IN THIS T&C, 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 T&C SHALL EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, OR OUR ACTS OR OMISSIONS.
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), SHALL BE LIMITED TO WHICHEVER IS THE GREATER OF:
I. £5 (FIVE 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 T&C OR OTHERWISE.
EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THIS T&C, 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.
THE COMPANY RESERVES THE RIGHT AT ANY TIME TO SUSPEND THE SERVICES (OR ANY PART OF THE SERVICES) TEMPORARILY OR PERMANENTLY; IN SUCH EVENT, OTHER THAN IN CIRCUMSTANCES IN WHICH WE ARE ENTITLED TO SUSPEND THE SERVICE PURSUANT TO ANOTHER PROVISION OF THIS T&C, WE WILL EXTEND THE USER’S SERVICE FOR A PERIOD THAT IS COMMENSURATE WITH THE DURATION OF THE RELEVANT SUSPENSION. THE USER HEREBY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE TO USERS OR THIRD PARTIES FOR THE SUSPENSION OR INTERRUPTION OF ITS SERVICES.
The Company shall not be liable for, and does not make any warranty concerning, the content of any advertising or promotion of third party goods or services appearing on the Website (or the accuracy thereof), any related third party websites, or the relevant goods or services themselves. The suppliers of those goods and services shall bear all liability for them, including for their conformance to specification or description, and for their legality. The Company shall not be liable for any inaccuracies, mistakes or errors, nor does the Company offer any kind of warranty in relation to information, content, software or other goods or services of any third party advertised, offered or promoted on or through the Website;, on request and to the extent permitted by the law, the Company will provide the name, address or other identification data of such a third party, to the extent such information is available to the Company.
The Website may offer links to other websites or other resources on the internet.
The User hereby duly notes and acknowledges that the Company cannot be held liable for the operation, execution or functioning of these sites or external resources.
The User undertakes to use the Website and the Services in a proper and lawful way and undertakes to observe his/her obligations under the law or contained in the T&C. The User undertakes to abstain from the following (this is not an exhaustive list, but contains examples of infringing activity):
(a) any use of the Website and the Services that breaches the law, the T&C and all reasonable instructions published on the Website, or any other improper use;
(b) any actions which could infringe the rights and interests of the Company and/or third parties, including intellectual property rights or rights to privacy, or actions that may obstruct in any way the normal use of the Website, the electronic storage of devices or documents, files and any other kind of content stored therein;
(c) reproducing, copying, modifying, distributing, making available or disclosing in any other way to other sites or to the public any material and/or information contained on the Website, except where such action is expressly authorized by the Company and by any third parties who have the rights to such property;
(d) the use of the Website and the Services, directly or indirectly, for a commercial activity and/or derive economic benefits from the Website and/or the Services (unless the User is separately authorized by the Company to do so, for example as part of the Company’s Friend$ offering), or to exchange, for any reason, sums of money or other valuable items, or to promote on or through the Website gambling, contests or games that Users must pay (or part with some form of consideration) to participate in;
(e) Posting advertisements, promotional materials, “junk mail”, “spam”, chain letters, pyramid schemes, or any other form of unauthorized or unwanted marketing messages or solicitations;
(f) Posting viruses or codes, files or programs created to interrupt, destroy or limit the operation or functioning of the software, hardware or telecommunications systems of third parties, interrupt the normal execution of communications, or to interfere with or interrupt the Services and/or the servers connected to the Services;
(g) using the Website or any space provided to the User on the Website to add hidden pages or files and/or use such space for the backup of a file;
(h) creating, on the pages of the Website, hypertext links to internet sites without the Company’s authorization; and
(i) breaching any applicable law or regulation.
In the event that the Company is required to verify, whether following a report by another User or otherwise, a suspected breach of the T&C by a User, and where the Company reasonably considers there to be serious grounds for doing so, the Company reserves the right to immediately block or delete (whether fully or partially), without prior warning, the space on the Website made available to the User, to suspend the provision of Services, including Pay Services, to the User or to terminate completely the User’s right to use the Service. In the event of a suspension of one or more Pay Services under this paragraph, the User will not have the right to any refund of any of the sums paid for those Services. The Company will remove User Generated Material that is found to infringe from the relevant space on the Website, and in more serious cases the Company may terminate the User’s right to use the Services; any such termination will be without prejudice to the Company’s right to obtain compensation and indemnification from the User for any claims, losses or damages they may result from the misconduct or unlawful conduct of the User.
The Company reserves the right to take appropriate legal action against Users who do not fully respect the law or this T&C.
Reporting of User Generated Material
In the supply of the Services on the Website, the Company may provide Users with web space and the technical support (hosting) allowing Users to freely determine what User Generated Material to publish at the User’s discretion on that web space. The Company does not carry out any control, management, selection, review or editing of User Generated Material, nor does the Company intervene in the publishing of User Generated Material before it is Posted. Consequently, the Company shall not be liable, and the relevant User shall be exclusively liable, to third parties for the lawfulness of any and all User Generated Material; each User warrants that his/her User Generated Material shall not infringe the rights of any third parties.
We rely upon Users to notify us of any User Generated Material or behaviour by other Users that appears likely to breach this Agreement, the law or anyone’s rights. Users should do so, providing full details of the infringing activity or User Generated Material (so that we are able to locate and identify it), by emailing us at abuse@dade.net OR by using the notification methods which are made available on the Service.
Without prejudice to all other provisions of this T&C, and solely in order to check the damaging consequences resulting from unlawful use of the Services by Users, we may deploy programs that block certain illegal uploading and sharing of copyright content Posted by Users.
APPLICABLE LAWS AND JURISDICTION
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.
NOTICES
Please note that all notices under this T&C 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 Wireless Device 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 THIS T&C
We don't separately file the individual T&C entered into by Users. You can access it at http://terms.dada.net/uk/terms. Please make a durable copy of the T&C by printing and/or saving a downloaded copy on your own computer.
ENTIRE AGREEMENT
This T&C, together with the Privacy Policy and any other terms referred to in this T&C, is intended to contain the complete and exclusive statement of the User’s agreement with us relating to the subject-matter of the T&C, Privacy Policy and such terms, superseding all other agreements, understandings, discussions, and communications, written, oral or otherwise.
CONTACTS
For further information regarding the Website or the Service and for any contact, please write to us at the following web address: http://uk.dada.net/help/ or contact us at the following address:
Dada.net S.p.A.
Piazza Pietro Annigoni 9/b
50122 – Florence, Italy