2. Registration and Access to the Service
a) Access to the Service. IN ORDER TO USE THE SERVICE YOU (1) MUST BE AT LEAST 16 YEARS OF AGE AND HAVE THE CONSENT OF THE SUBSCRIBER OF THE MOBILE SERVICE TO SIGN-UP FOR AND USE THE SERVICE ON THEIR BEHALF AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THESE TERMS. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Contracts for our Service. COMPANY is offering its Service as individual downloads or as a bundle of credits for a defined number of individual downloads or other usage rights such as messaging, streaming, portal usage or gaming permission on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by COMPANY, but as an invitation for you to order. The contract for the ongoing Subscription Service between you and COMPANY shall begin when COMPANY, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that COMPANY deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile content of the content category you subscribed to (e.g. by delivering a ringtone or an info news SMS) or by enabling you to download or use the product (e.g. by delivering a WAP-Push link or a PIN for download of the mobile content on COMPANY website) or by providing access to other digital content (e.g. by enabling access to an online game). The subscription period is one week, two weeks or one month depending on the type of the subscription contract. The Subscription contract and the subscription period will be renewed each week, every other week or each month as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or canceled by you or COMPANY according to Section 8 of these Terms. Contracts for the products and services of COMPANY and independent third parties which are made available through the Service shall begin when COMPANY or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or Company according to Section 8 of these Terms.
(c)The weekly/fortnightly/monthly subscription contracts/mobile clubs include a certain defined number of credits which entitle you to download, receive and/or access that defined number of individual downloads of digital content or to access and use content, portal or gaming services for a certain period of time for a weekly/fortnightly/monthly flat fee. After entering into your subscription contract, every week/two weeks/month COMPANY will transfer credits to your account. The type and number of credits you are entitled to is dependent on the type of subscription you choose. The provision of credits and the making available of the possibility to download, receive and/or access mobile content is offered for a flat fee. The weekly/fortnightly/monthly flat fee shall become due every week/two weeks/month your subscription contract is valid irrespective of whether or not you actually download or use any content during any particular subscription period; the consideration for the weekly/fortnightly/monthly flat fee shall solely be the weekly/ fortnightly/monthly provision of the right to download, receive and/or access downloadable mobile entertainment content, in other words the making available of the respective download-, WAP- and SMS service credits. The number of credits for downloads shall be reduced by actual downloaded mobile content, in other words the download of mobile content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile content you are entitled to download, receive and/or access with your subscription contract during that particular subscription period. Depending on the type of your subscription contract, if you do not use/redeem all your credits for downloads within the subscription period (1 week, 2 weeks or 1 month), the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your subscription contract or (b) will expire at the end of the respective subscription period. If you download mobile content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable COMPANY retail rate for such additional downloads. Credits can only be used to download or use digital content offered by COMPANY. If you purchased your COMPANY product in a store or directly from COMPANY or a third party, the contract shall be deemed concluded at the time of the purchase of the product. All legally required and relevant information regarding the selected product and/or subscription will be provided in a personalized document after purchase to be permantly and unchangeably accessible and downloadable for free in the login and password protected user administration section under www.jamster.co.uk/contract(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify COMPANY immediately in case you become aware of or suspect unauthorized use of your password or account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. COMPANY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
(d) Registration and Registration Data. COMPANY will register you as a user and provide you with access to the Service by allocating you a personal username (usually the MSISDN provided by you) and password. COMPANY may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) if required, a provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If COMPANY has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, COMPANY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal COMPANY shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.
(e) Access without Registration. COMPANY may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that COMPANY deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to COMPANY and used in accordance with Section 3.
(f) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. COMPANY shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
(g) License to Download(s) and Services. You acknowledge and agree that the Download(s) and other usable Services made available as part of the Service are owned by COMPANY, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. COMPANY hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the digital goods and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
A "purchased full track music item" is a full length music track, which you have downloaded in the scope of the individual purchase model pursuant to Section 2. b.
The possible permission guaranteed to burn or to transfer to end devices does not represent forfeiture, waiver or any limitation of the rights of the copyright holders to pieces of music or to any works, which are embodied therein.
All rights, which are not expressly granted to you by this agreement, are reserved by COMPANY and/or its licensors.
(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, COMPANY shall indicate the products and services as third party content. Even though they may be co-branded with COMPANY and therefore include COMPANY'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.