MCN Mobile Ts & Cs

MCN Mobile is a new service offering downloads of images, videos and more to your mobile phone. These are the terms and conditions – including pricing, that applies.

MCN MOBILE Legal Terms & Conditions of Use

Your use of this Web site is subject to the following terms and conditions, which by using the site you are deemed to accept:

Four weeks free

The four week free trial starts on 28/06/06 and ends on 25/07/06 inclusive. After this period you will be charged 50 pence per week to use the MCN mobile service.

Content Rights

The copyright and all other rights in all of the material on this site are owned by MCN Mobile or the material is included with the permission of the rights owner. As a visitor to this site, you may copy material on this site for your own private or domestic purposes, but no copying, adapting or transmitting for any purpose other than your own private or domestic purposes is permitted. MCN Mobile hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, license to download and use the MCN Mobile Service on compatible mobile handsets solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, copy or otherwise use or make available the Download(s) to any other 3rd Party without the express written permission of MCN Mobile. No license is granted to you by this Agreement of the intellectual property for any mobile content downloaded on your mobile handset, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded through access to MCN mobile service.

MCN Mobile ‘Service’ provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the internet, SMS, MMS, WAP. This Service is for subscriber’s personal use. Subscribers are not permitted to transmit, broadcast, upload to any computer or mobile device, create copy’s of, or make commercial use of the MCN Mobile Service, including, but not limited to, any Download(s). You may not circumvent, reverse engineer, decrypt, alter or interfere with the Service or any content Download(s).

Links to Other Sites

On this site you may be offered automatic links to other sites which we hope you will be interested in. MCN Mobile does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with MCN Mobile. MCN Mobile will not be liable or held in any way responsible for any transactions concerning content, products and services provided by these 3rd parties.

Subscription

The subscription period is 1 week. The subscription period will be renewed each week and a new subscription fee shall become due for the period. The Subscription service shall remain in effect until terminated and/or cancelled by you. You agree that MCN Mobile, at its sole discretion, may at any time terminate your Subscription or individual services provided via the Service and/or change the content and associated charges available through the Service .If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date on a pro rata basis for the remaining period of that month. To unsubscribe from the service at any time simply Text ‘MCN STOP’ to 80876

In order to use the Service, you must have a valid mobile subscription with a network operator or otherwise have access to a mobile communications network for which MCN Mobile makes the Service available as well as any carrier services necessary to download content and pay any service fees associated with any such access. Your mobile phone must have the correct software to enable you to view the content and download the services. Similarly your handset must have the required network operator settings activated, including but not limited to, WAP, GPRS, 3G, MMS and have sufficient credit available on the handset to pay for subscriptions and premium download services.

MCN Mobile shall not be liable to you or any third party for any termination of your access to the Service. Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the United Kingdom

Privacy

You acknowledge that Company may collect and process “personal data” (i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), or ”usage data” necessary for the proper functioning and billing of subscription and content download Services. MCN Mobile may store your information beyond this date if that is required by law or contract. We will communicate with you from time to time with relevant offers and promotions. You can of course unsubscribe at any time by texting ‘STOP’ to 80876 and your details will never be passed to any other organisations.

Indemnities and Limitation of Liabilities

Whilst MCN Mobile try to ensure that the information on this site is accurate and complete, we do not accept any liability arising from any inaccuracy or omission in the information on this site. We advise you to verify the accuracy of any information before relying on it. By using the service you understand and accept that this is is at your own risk and you will be solely responsible in the event of loss of data or damage caused to mobile handset or device as a result of using the service. MCN Mobile reserves the right to modify, suspend, discontinue or terminate any part of the service without liability to the user or any 3rd party. MCN Mobile does not warrant that the service will be uninterrupted, timely, secure or error free at all times.

At MCN Mobile’s sole discretion, users of the MCN Mobile service agree to release, indemnify, defend and hold harmless MCN Mobile, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including legal fees, made by any third party due to or arising out of or in connection with use of the Service. By using the service you agree that MCN Mobile’s entire liability to you and or any 3rd party with respect to this service for any breach of this agreement, is solely limited to the amount paid to receive the MCN Mobile service during the term of this agreement. You agree to not hold MCN Mobile responsible or liable for any indirect, incidental or consequential damages even if the company has been advised of the possibility of any such damages.

Subscription Fees and Content costs

The amount of the monthly fees for the Subscription Plan to the Service are identified and available as described above in Section 2(b). You agree to pay your mobile device operator the monthly fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your subscription plan and/or your account effective at the end of the calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

This Agreement will terminate immediately, without notice, if you fail to comply with any terms or conditions of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device