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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 available here: http://www.mobilefriends.ch/conditions.en.html.

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 with MNC.



Content:

• 1. Usage
• 2. Content type
• 3. Content right
• 4. Access codes
• 5. Service quality
• 6. Production of services
• 7. Disclaimer of Warranty from MNC SA

1. Usage

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 http://admin.mobilefriends.ch.

2. Content type

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:

• pornographic;
• hateful;
• racist;
• unlawful;
• 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.

3. Content right

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.

4. Access codes

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.

5. Service quality

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.

6. Production of services

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 end-users:
  • SMS Services
    • Service Name
    • 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: support@mobilefriends.ch.

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 not adults;
• 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 Service.

7. Disclaimer of Warranty from MNC SA

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