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Terms of Service
Please read carefully the msg.ae Terms of Service below. msg.ae recommends that you print or download them to your computer. Please note some jurisdictions may have obligatory provisions in their consumer legislation which may be relevant to the services provided under these terms. We reserve the right to update or modify these terms and conditions from time to time. Please ensure that you review them at regular intervals as you will be deemed to have accepted any modifications if you use msg.ae services after such changes have been made. Summary of Terms of Service You agree to provide true and correct information about yourself in the msg.ae registration form. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of other parties. User agrees not to interfere with or disrupt the Service or servers or networks connected to the Service. Msg.ae may provide extra services or attributes to the Service that are subject to charge. You agree that msg.ae and their designees may in their sole discretion terminate your account if they believe you have in any way violated the Terms of Service. Please report any violations of the msg.ae Terms of Service by others ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE The msg.ae service (the "Service"), owned by Abu Dhabi Call is provided to you (the "User") under the terms and conditions of the msg.ae Terms of Service set forth below and any amendments thereto. The msg.ae Terms of Service comprise the entire agreement between User and msg.ae and supersede any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE msg.ae TERMS OF SERVICE. The section titles and the Summary of Terms of Service in the msg.ae Terms of Service are for convenience only and have no legal or contractual effect. SERVICE CHARACTERISTICS. Services are subject to charge msg.ae may from time to time provide extra services or attributes to the Service against a charge ("Enhancements"). The mode of payment lies with the sole discretion of msg.ae. msg.ae may offer the User credits that User may purchase for the use of some Enhancements. The amount of credits on User's account shall be registered by msg.ae. The credits will be deducted from the account as User makes use of the Enhancements. PRIVACY OF PERSONAL DATA msg.ae shall not disclose Registration Data or other personal data of a User to any third parties except as authorized by User or User's representative. However, msg.ae may disclose to third parties aggregate data on the use of the Service, provided that a single individual is not identifiable in such a data. USER'S OBLIGATIONS In return for use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, msg.ae has the right to terminate User's account and refuse any and all current or future use of the Service. NO RESALE OF THE SERVICE User shall not transfer or assign this agreement or its right to access or use the Service without a prior written consent of msg.ae. Without prejudice to any to the remedies or recourses msg.ae may have for the unauthorized assignment, transfer or use, all revenues derived by the User from such unauthorized assignment, transfer or use shall belong solely to msg.ae . msg.ae LOGOS, RINGTONES, ANIMATED SMS and PICTURE MESSENGING The following shall be valid for msg.ae logos, ringtones, icons and picture message (henceforth referred to as “download items” or “items”): 1) Before the User orders a download item he shall make sure that his mobile phone supports it (i.e. the phone supports the Nokia Smart Messaging System). The User can check the compatibility of the mobile phone on the msg.ae site where the supporting handset models are listed. 2) When msg.ae receives the User’s order for a download item, msg.ae will send it within 3 minutes. In the event that msg.ae for any reason considers it necessary not to perform the download no credits will be charged. 3) msg.ae will not be responsible for errors, mistakes or delays that are caused for the following reasons: a) the User has given an incorrect phone number or other incorrect information before downloading an item b) the User’s network operator does not support SMS-messaging or the Smart Messaging System c) the User is out of his operator’s network coverage. msg.ae shall not be responsible for damages caused to a person or the mobile phone, which has received a download item. 4) In the event that the User has downloaded an item even though his mobile phone does not support it or one of the errors mentioned in section 3) has occurred, msg.ae has the right to deduct credits from the User’s credit account even though the mobile phone never received the item. 5) Download items are protected by copyrights and trademarks. After downloading an item the User may save it on a mobile phone but it is strictly prohibited to: a) save an item elsewhere b) edit or modify the item c) copy, distribute or forward an item to third parties or to allow third parties to access it (with the exception of picture messages to Nokia 3210, Nokia 8210, Nokia 8850 phones). CHANGES IN THE SERVICE AND NOTICES BETWEEN msg.ae AND THE USER msg.ae may change the msg.ae Terms of Service from time to time. User will be notified of any such changes by a start-up screen on the msg.ae website describing the changes. By clicking on the "I Accept" button that follows the posted changes User agrees to be bound by the modifications to the msg.ae Terms of Service. If User does not click the "I Accept" button, User's account will be terminated. Further , msg.ae reserves the right to modify and change the SMS Service Prices in terms of Credits with alert , and notice to User on the website www.msg.ae.msg.ae reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that msg.ae shall not be liable to User or any third-party for any modification or discontinuance of the Service. Both parties have a right to terminate the agreement effective immediately by serving a termination notice to the other party. By the termination of the agreement msg.ae has a right to delete all information on User's account. Any notice to User or to the Service shall be made via either e-mail to the User's msg.ae e-mail account or by notifying User by a start-up screen. MEMBER CONDUCT User agrees to abide by all applicable laws and regulations when using the Service. User agrees to be solely responsible for the contents of transmissions through the Service under User's password or account. User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security. User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. User agrees not to transmit through the Service any computer viruses, Trojan horses, worms or other software routine designed to permit unauthorized access to a computer system or to disable, erase or otherwise damage software, hardware or data or cause computer system to become inoperative.. INDEMNITY User agrees to indemnify and hold msg.ae and its officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the msg.ae Terms of Service, or User's violation of any rights of another. VIOLATIONS User agrees that msg.ae may terminate User's password, account or use of the Service if msg.ae believes (a) that User has violated or acted inconsistently with the letter or spirit of the msg.ae Terms of Service, or (b) that User has violated the rights of msg.ae, or other Users or parties. User further agrees that msg.ae may terminate User's password, account or use of the Service if User fails to use the Service for a reasonable period of time. This period of time will be determined by msg.ae from time to time but shall not be less than three months. PROMOTIONS IN THE SERVICE By clicking (I agree) to msg.ae Terms of Service, you are agreeing to be bound to the Promotion services, and promotions of advertizers (Abu Dhabi Call clients) via Emails and Sms launched by msg.ae owned by Abu Dhabi Call. User's correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. LINKS The Service may provide, or Users may include in e-mail, links to other Web sites or resources. User acknowledges and agrees that msg.ae is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. PROPRIETARY RIGHTS OF MSG.AE User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, etc. presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information in any way only as expressly authorized by msg.ae or advertisers. WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSG.AE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ON-INFRINGEMENT. MSG.AE MAKES NO WARRANTY THAT THE SERVICE WILL MEET User's REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MSG.AE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT User's OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MSG.AE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USER UNDERSTANDS THAT MSG.AE IS NOT RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN MSG.AE AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. MSG.AE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN MSG.AE AND THE USER. LIABILITIES USER AGREES THAT MSG.AE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF User's TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MSG.AE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MSG.AE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT MSG.AE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM UNAUTHORISED ACCESS BY THIRD PARTIES TO THE INFORMATION TRANSMITTED BETWEEN MSG.AE AND THE USER DURING THE TRANSMISSION, INCLUDING, BUT NOT LIMITED TO UNAUTHORISED ACCESS BY THIRD PARTIES TO THE PAYMENT INFORMATION. DISPUTE RESOLUTION The msg.ae Terms of Service and the relationship between User and msg.ae shall be governed by the laws of United Arab Emirates. All disputes, controversies and claims arising out of or relating to the Service or to these Terms of Service shall be resolved by the Court of Abu Dhabi The failure of msg.ae to exercise or enforce any right or provision of the msg.ae Terms of Service shall not constitute a waiver of such right or provision. If any provision of the msg.ae Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the msg.ae Terms of Service remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the msg.ae Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. msg.ae works with a third party that serves ads to this site.
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