Article 1 –Rights and responsibilities
The terms and conditions mentioned on the website (‘Promotional Terms and Conditions’ and ‘Users’ Terms and Conditions’), and in addition the General Terms and Conditions below apply to and form part of all offers for the digital and other services provided online by Mobista Web B.V. via the networks of mobile communication operators (‘the Operator’), with which the end user has taken out a subscription (‘Mobile Subscription’) (even if the services are not described, or are not described in further detail, in these terms and conditions). The digital and other services provided online by Mobista Web B.V. include games, apps, sound and/or image files and/or similar services (‘the Content Services’) that are delivered via the Operator’s network, inter alia by Short Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’).
Article 2 – Changes to prices and products
2.1 Existing end users will informed by SMS one week before the price adjustment will be implemented. If end users continue using the services of Mobista Web B.V. or register after the date on which the price alteration is introduced, the alterations will be regarded as accepted. Mobista Web B.V. reserves the right to always be entitled to implement price adjustments after giving notice on the Website.
2.2 Mobista Web B.V. reserves the right to replace any product with an equivalent alternative product without prior notice.
Article 3 – Costs
3.1 Offers or quotations mentioned in advertisements or on www. vista-fun.com (‘the Website’) are without obligation, unless the offer expressly specifies otherwise in writing.
3.2 The Costs will be charged by the Operator or debited from the end user’s credit in case of a prepaid subscription. The end user gives express authorization for this purpose and warrants that the Costs can be collected.
3.3 Costs can be charged for every message that is sent or received, depending on the type of message and/or payment method. The standard costs for sending SMSs (i.e. text messages) as indicated by the operators are applicable to all messages that are sent and received. A one-off registration charge may also apply. More information about the rates and payment method for the use of the service in a particular country can be found under the FAQs and/or the Users’ Terms and Conditions.
Article 4 –Content Service delivery
The content service is requested from Mobista Web B.V. and is delivered by the Operator’s service and network to the end user.
Article 5 – Termination and Cancellation
The methods of terminating the delivery of the content service are stated under the Users’ Terms and Conditions and the service can only be terminated in the manner as set out in the Users’ Terms and Conditions.
Article 6 – Intellectual property
6.1 Unless otherwise stated in these General Terms and Conditions, all copyright, patent, trademark, drawing, model and/or other intellectual property rights relating to the content services and/or the Website Mobista Web B.V. , its suppliers or other entitled parties.
6.2 Mobista Web B.V. grants the end user a limited, non-exclusive, non-transferable and revocable right of use to download, receive and/or consult content services.
6.3 Unless Mobista Web B.V. explicitly states otherwise, the end user is not permitted to reproduce, change, execute, transfer, distribute, sell, use for derived products, or in any other way use the downloaded or received content services, without prior written consent for this purpose.
6.4 The end user indemnifies Mobista Web B.V. and its officials, management, employees, suppliers and information provider of third parties against damage and risks and accepts liability towards Mobista Web B.V. and its officials, management, employees, suppliers and information provider of third parties for the consequences or infringement of intellectual property rights of Mobista Web B.V. or third parties, breach of these General Terms and Conditions arising from the unauthorized use of our services or conduct.
Article 7 – Data Processing & privacy
7.1 Mobista Web B.V. reserves the right to use all of the end user’s data (mobile number, e-mail address, etc.) for additional promotional purposes.
7.2 Mobista Web B.V. gathers and processes (i.e., among other things, gathers, keeps, consults, provides to third parties, classifies and links) certain personal and traffic data of the end user.
Article 8 – Limitation of Liability
8.1. Use of the content services and the Website of Mobista Web B.V. is at the end user’s risk. Mobista Web B.V. strives for the undisrupted use of the content services. Mobista Web B.V. cannot warrant that the content services will meet the end user’s requirements or that downloading, receiving and/or consulting the content services will remain undisrupted or error-free.
8.2 The end user recognizes in connection with mobile telecommunication services that the ability to make a connection, maintain a connection and the quality of a connection is not the same or adequate at every time and place and that the content services may be adversely affected or become temporarily unavailable because of interference caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s network.
8.3 If the end user is unable to enjoy undisrupted use of the content services at any time, this will not entitle him/her to a price reduction for the content services or to a refund for the amounts already paid.
8.4 Mobista Web B.V. will never be liable for damage, such as but not limited to the infection or corruption of the hardware and/or software used by the end user, resulting from access to the Website or the use of the content services, which includes the downloaded content services and the hardware and software needed to make a connection. The end user must take his or her own measures to avoid such incidents.
8.5 If Mobista Web B.V. is nevertheless liable to compensate the end user, for any reason whatsoever, the compensation will never exceed the invoice amount for the content services which caused the damage.
8.6 The content of the Website has been compiled with the greatest care. However, Mobista Web B.V. can give no guarantees as to the nature, accuracy or content of that information. Mobista Web B.V. is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the repercussions of the information point concerned.
Article 9 – Indemnification
The end user may not send any messages that are infected and/or corrupted, unlawful, harmful, threatening, vulgar, degrading, repulsive, that infringe privacy or which are objectionable in any other way to Mobista Web B.V. and indemnifies Mobista Web B.V. for all direct or consequential damage caused by sending such messages.
Article 10– Orders for services
The end user must be at least 18 years old. If you are not responsible for paying the mobile telephone account or are younger than 18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer, etc.) before you register and/or participate in the service. By registering and/or participating in the service, Mobista Web B.V. assumes that the end user has obtained the necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.
Article 11 – Applicable Laws
11.1 The Law of the country in which the campaign is conducted is the applicable law, the use of the content services, agreement and website is subject to these laws. The failure of Mobista Web B.V. to exercise or enforce rights or proviso of the General Terms and Conditions will not constitute grounds for dispensing with these rights or provisos. If a proviso in the General Terms and Conditions is held to be invalid by a district court with jurisdiction, the parties are agreed that the district court must try to give effect to the intention of the parties as set out in the provisos, insofar as this is permitted by law, and the other provisos of the General Terms and Conditions will remain fully in force.
11.2 Any and all disputes will be exclusively settled by the competent court in Amsterdam.
Article 12 – Amendments
These General Terms and Conditions can be revised by Mobista Web B.V. from time to time. End users will be informed of the amendments by means of a message on the website. These amendments will be regarded as accepted if end users continue to use or download the Mobista Web B.V. services after the date specified for their introduction. These General Terms and Conditions can be requested from Mobista Web B.V. at any time.
Mobista Web B.V. has its registered office in Amsterdam and is registered at the Chamber of Commerce under number (34246739), VAT no . NL 8156.19.406. B01