Mobile News Channel SA (hereafter MNC) offers you its service
mobilefriends.ch on the following Service terms and conditions. By
using the Service in any way you are agreeing to comply with these
Service terms and conditions, which we may update without notice and
encourage you to check out here regularly. Service usage terms are
On top of that using some services provided by MNC will be subject to
specific rules that can be found in another document that can be found
on the site www.mobilefriends.ch. These rules are an integral part of
the Service terms and conditions.
Service terms and conditions:
You (the "CUSTOMER"), by using, accessing, or attempting to interact
with the services proposed via the mobilefriends.ch site including on
the one hand the services proposed via SMS (formerly known as smsGroup
service), MMS or WAP and on the other side the web management tool and
the individual user service logins (collectively "Services"), agree to
abide by the terms and conditions of this Agreement and to be bound
The present terms and conditions set the rules under which the
CUSTOMER (owner of an individual mobilefriends service) is allowed to
send information to mobile subscribers via its personal mobilefriends
services using its personal mobilefriends service login.
The mobilefriends service includes all pages under the url
http://www.mobilefriends.ch, as well as the url
The Owner of a mobilefriends (hereafter the CUSTOMER) login warrants
that he will not send or allow sending via his mobilefriends service
content for illicit purposes such as running virtual lotteries or
other inappropriate or illegal activities such as sending:
harmful and morally unacceptable content.
Specifically the CUSTOMER warrants that he will not send content that
is falling under the following articles of the Swiss criminal code:
Art 135, 197, 259, 261.
The CUSTOMER is solely responsible for the content broadcasted via its
mobilefriends Service. The CUSTOMER confirms that it is either the
owner of all Intellectual Property Rights or that he is duly
authorised to broadcast the content via its mobilefriends service. The
customer warrants that:
he will neither copy, publish, modify without prior consent of the
rights owner any article, audio or video title, application, logo,
brand, information or image;
he will not copy any part of an existing web or WAP site;
he will not use his mobilefriends service for illegal purpose.
The CUSTOMER shall indemnify and hold MNC harmless of all claims
arising out of the content. In any of the events under chapter 2 and
3, MNC has the right to disconnect the services of the CUSTOMER
immediately and permanently without serving any prior notice. In no
event will MNC be held liable to the CUSTOMER for any direct or
indirect damage arising from the disconnection of the mobilefriends.
MNC reserves the right to take legal actions against the CUSTOMER in
case of faulty behavior as defined here in chapter 2 and 3.
Following registration, the CUSTOMER has received access codes to the
service. In this Agreement Access Codes are understood as the Login
based on the mobile phone number +4179xxxxxxx and a password(s) that
the CUSTOMER uses to log into the web management system and the
password used to manually post content into the Service via SMS). The
CUSTOMER is solely responsible for its Access Codes. MNC takes no
responsibility in case a non-authorized third party uses them to abuse
the present service terms.
MNC is not responsible for the service quality of the CUSTOMERS'
Service produced via mobilefriends. MNC only provides a technical tool
to the users allowing them to produce their own services using the
existing mobilefriends service infrastructure. No recommendation or
information provided by CUSTOMERS to MNC will create any liability
outside of the scope of the present service terms and conditions.
CUSTOMER warrants that all information, data, text, audio or video
clips or any material (hereafter defined as CONTENT) broadcasted in
the CUSTOMER's Service are under the sole responsibility of the
CUSTOMER. The CUSTOMER and not MNC will be held liable in case
illegal, non-authorized or incomplete content is broadcasted in the
CUSTOMER's mobilefriends service.
CUSTOMER commits to:
communicate any useful information to the mobile users willing to
download content from or subscribe to its mobilefriends service.
Failure to do so could potentially harm those users
specifically following information should be communicated to the
Information concerning the content of the service
Short number: 8400
Frequency of content updates
Subscribe and Unsubscribe SMS commands (START <service name> ; STOP <service name>)
Price per download or per subscription based consumption of the service (20cts/SMS received)
MOBILE INTERNET site
URL to access the main page of the service http://m.mobilefriends.ch/servicename
Information concerning the content of the service
Price relative to the consumption of the service (in this case the operator GPRS cost).
Inform mobile users about the support e-mail: email@example.com.
CUSTOMER will not:
send any content that is illegal, abusive, badgering, defamatory,
pornographic, vulgar, obscene, threatening for 3rd parties, hatefull,
racist, discriminating, attempting to human dignity, inciting with the
crime or suicide, or else against the law;
harm in any way mobile users, in particular in case those users are
cheat third parties in using some one else name or brand or role -
specifically not the role of an MNC employee or a service moderator;
send any content that he is not entitled to broadcast by legal,
administrative or patent or contract related reason;
send any content belonging to someone else;
send unsolicited advertising messages to users (SPAM);
hassle in any way one or more mobile users by sending for instances messages at a high frequency.
CUSTOMER recognizes that MNC is allowed to check the content prior and
after broadcasting (without MNC being obliged to do so). MNC reserves
the right to block, delete any content broadcasted in the service as
well as to close any service or access code in case of an abuse of the
present service terms and conditions.
MNC reserves the right to communicate to 3rd parties informations
about the service or about the CUSTOMER (such as his mobile phone
number) in case of an abuse of the present terms and conditions or in
case of a legal action or a complaint concerning a mobilefriends
MNC provides no specific warranty. MNC provides the mobilefriends.ch
service on an "as is" basis. MNC reserves the right to modify at his
sole discretion the mobilefriends service.
MNC does not guarantee that:
the mobile service production via mobilefriends will correspond to
100% of the CUSTOMERS expectations;
the service will be operated without interruption;
the result of the services will be reliable to 100%;
the services will be fault free;
the software used to power the service will be corrected if defaults
or bugs are identified.
MNC shall not be held liable for the validity of content broadcasted
via the mobilefriends service. MNC shall not be held liable for any
damage suffered by the CUSTOMER, including the loss of profit,
attributable in whole or in part to any defect in the design or the
performance of the mobilefriends service, or special incidental or
consequential damages arising out of the use or inability to use the
mobilefriends service, including but not limited to loss of data or
data being rendered inaccurate, even if MNC has been advised of the
possibility of such damage. Furthermore MNC shall not be held liable
for any damage suffered by the CUSTOMER in relation with the provision
of MNC's service, the repair or the correction of any content, product
or application linked to it by the CUSTOMER. MNC shall not be held
liable for its auxiliary.
MNC reserves the right to change any time and without restrictions the
content of this web site.
The CUSTOMER recognizes that he has read and understood the present
service terms and conditions.
Mai 2006 / Version 1.0