General Terms and Conditions
1. Notes on the use of the Service MOBIDOO
a) MOBIDOO (hereinafter: "MOBIDOO" or "the Service") is a Service for mobile content (games/apps, videos, logos, music, ringtones, video streaming, sound-streaming, download services, dating-apps and other contents) in the United Kingdom of Great Britain and Northern Ireland (hereinafter: Great Britain: England, Wales, Northern Ireland and Scotland) for users of suitable mobile devices, such as mobile telephones or other mobile devices. It involves "Digital Content" within the meaning of the third chapter of the Consumer Rights Act 2015. The content offered by MOBIDOO, can be acquired and used by the user mainly via mobile devices using mobile telecommunications (via smartphones, tablets, etc.).
b) The weekly gross cost of the service subscription is inclusive of VAT at the current rate of 20% for Great Britain. This is a subscription for seven days (one week) terminable at any time, provided that the Service Provider does not offer a single download or other retrieval models. The total price of the subscription of the contract covers the total costs incurred over a billing period of one week for a gross amount for the respective subscription model selected by the user, which already includes the statutory VAT. "Subscriber" refers to any user of MOBIDOO who opted for the paid use of the scope of performance of MOBIDOO, to utilize the Service MOBIDOO for the duration of their subscriptions.
c) The cost of the subscription and any other charges agreed are billed directly using the payment service PAYFORIT (http://www.payforit.org) to the telephone bill of the user and paid together with the telephone bill agreed with the telecommunications provider, including interest accruing, taxes and any other costs. If the user has a prepaid card, the invoice amount is charged according to the contents of the applicable contract concluded with the respective Telecommunications-Prepaid-Provider and deducted from the existing credit. The total price of the subscription already includes the gross amount of total costs for the billing period for the respectively subscription model selected by the user, the legal VAT for Great Britain.
d) MOBIDOO provides to the users of this service no devices or other hardware, software, transmission paths, telecommunications and other services for the use of the products acquired. The cost for the use of telecommunications through the user’s respective mobile Telecommunications Provider is not included in the price of the subscription or otherwise agreed prices. The related costs depend on the respective tariffs of the user's mobile Telecommunications Provider. The cost can vary depending on the user's selected mobile network provider such as Vodafone, O2, 3, Virgin Mobile UK and EE as well as - for example - Lebara Mobile, Freedom Pop, Pebble Mobile, Age UK My Phone, giffgaff, AfriMobile and others. These costs can vary and are taken into account in the individual offers. The user has the responsibility to inform himself in advance about the existing device resources, as it is not possible for the Service Provider of MOBIDOO to supervise occurring operational errors and compatibility issues, so that the Provider for MOBIDOO neither warrants nor assumes any liability in this regard. For the use of the telecommunications device used in the conclusion of the concluded contract, the consumer is not charged beyond the cost of the mere use of distance communication by the Service Provider of MOBIDOO. The price for that subscription or any other charges for the retrieval of digital content remains unaffected.
2. Conclusion of the contract and terms and conditions
a) The contract is concluded either via WAP (Wireless Application Protocol), via Short-Message-Service (in short: SMS; if this should be offered), via MMS (Multimedia Messaging Services, if applicable) and the use of transmission technologies such as UMTS (Universal Transverse Mercator Coordinate System), LTE (Long-Term Evolution) or similar technologies, via the mobile Internet and other forms of mobile telecommunications communication. It is possible that for certain services a registration on the mobile portal may be required. Upon conclusion of the user acquires is a license to use the acquired content on a mobile device. The acquisition of the license is included in the price of the subscription or other pricings.
b) The following general term and conditions form the basis of the electronic contracts with the users of the Service MOBIDOO. All services offered by the Service Provider for MOBIDOO shall be carried out on the basis of these general terms and conditions. This may include, Special Terms and Conditions (the "Special Terms and Conditions"), which are shown in the respective specific offers, may supplement these Conditions and in such a case, prevail over these terms and conditions, where these are not applicable. Any Terms and Conditions of a user are explicitly not accepted by the Service Provider and is not part of the contract.
c) The Service Provider reserves the right to change these General Terms and Conditions - and possibly also the Special Conditions of use - from time to time with future effect. In case of a change, the user will be informed of any changes by electronic communication and through advice via the mobile portal. If the user does not object to this respective amendment within two weeks after receipt of the notification, or he continues to use the services of the Service Provider, the revised terms will be included in the contractual relationship entered into with him. An objection to the changes to the contractual terms has the consequence that the subscription will be terminated orderly in accordance with paragraph 13.b) of this Terms and Conditions by the user, so it ends with the expiry of the contract period, in which the objection has been made. The user consents to the Service Provider upon the conclusion of a contract, to be informed of changes to the Terms and Conditions via SMS.
3. Technical information on the activation of the service
a) Caution: The services offered by the Service Provider for MOBIDOO can only be used in the applicable versions with compatible devices such as smartphones, certain mobile phones, tablets and similar devices for suitable operating systems. As far as the Service Provider are aware of technical limitations to the utility prior to activation of the offer, the user shall be informed of the offering under the relevant representation options to the extent possible and reasonable.
b) Before a user enables MOBIDOO, it is recommended to follow the following technical recommendations for proper usage:
- Please turn on the configuration of the browser on the user terminal: "Always accept cookies and anonymous identifiers";
- The user should delete all cookies and the cache in the configuration of the browser on each terminal prior to activation, this is just a recommendation.
c) In order to use the Service MOBIDOO, a user must have paid the respective price to be paid for the use of the requested service. In addition, the following requirements must be met:
- The user must be able to use a compatible device such as a smartphone, certain mobile phones and the like at their own expense;
- The user must either have concluded a contract on the use of mobile telephony services with a telecommunications provider for mobile network in the UK or use a prepaid credit card for mobile telecommunications in Great Britain. The contractual conditions relationship between the user and his mobile service provider is regulated exclusively by the contractual conditions agreed in this context.
4. Activation and deactivation of MOBIDOO
a) The user can use the service immediately upon activation. The mobile portal and the use of the services offered there are optimized exclusively for suitable operating systems. Before the activation of the service, the user must ensure that the mobile device with the service is compatible. Certain services may be able to be reserved for customers of certain mobile providers. This shall be indicated in the offers, so far as is known to the Service Provider.
b) The use of the Service MOBIDOO offers requires a valid mobile phone number and the conclusion of a contract with a mobile Telecommunications Provider in Great Britain under their Terms and Conditions.
c) There are several ways of disabling this service, where appropriate:
- A user can call the call centre at 0330 777 1411.
- The user can terminate the subscription concluded by him with a click under www.MOBIDOO.one.
5. User-account (if needed)
a) The user-account - if offered - may not be transferred to third parties without the explicit consent of MOBIDOO. The user undertakes to keep the login information received from the Service Provider for the purpose of access to the games or services (login details, passwords, web links, etc.) strictly confidential and to not disclose to any third party. The user shall inform the Service Provider of any known infringements immediately.
b) If a third party uses the user's account upon accessing his login data, because the user did not sufficiently secure it against unauthorized access, the user shall treat the risk as if it were created by him.
c) In case of reasonable suspicion that access to unauthorized third parties have been known, the Service Provider is entitled for safety reasons, but not obliged, at its own discretion to change the access data without prior notice or to terminate the use of the account. The Service Provider will inform the authorized user of this immediately. The Service Provider shall provide him with the new access information within a reasonable time. The user has no right to have the original access data be restored in this case.
d) In the event that a user-account should not be necessary and the contractual relationship is controlled exclusively by the mobile phone, it is advised to users, to exclude third parties from using the mobile device on which products of the Service Provider are obtained.
6. Essential information for consumers for electronic contract - Technical steps for the conclusion of contract/correction of a mistake
a) The ordering of a subscription is done via a WAP portal. During the ordering process, the service provider shall provide the customer prior to the conclusion of a subscription with the necessary information on price and subscription period on the WAP page. The ordering process is activated by clicking the button "Subscribe" and then clicking the button "Confirm" under the PAYFORIT payment process (see paragraph 6. b) under these Terms and Conditions. The customer then receives an order confirmation via SMS.
c) A user can initiate the acquisition process - if this technology in addition to paragraph 6) a) of these Terms and Conditions - should be offered - for the desired product by sending an SMS of the user in the context of making an order subject to payments at one of the Service Provider's mobile numbers which shall then be confirmed immediately by SMS. The confirmation SMS contains the service name, speed dial, cost, and duration, usage and termination rights under the limited display capabilities. A subscription terminable at any time for the minimum period of seven days (one week) is usually concluded, which automatically extended without notice for another week, unless a single retrieval or another demand model should be offered.
d) All ordering and delivery processes are automated. The user therefore always has access to the contents of the subscription on his mobile phone used during the conclusion of the contract. The events in question from the conclusion of the contract to the performance of the contract until the termination of the contract are technically recorded in a database under the applicable data protection rules and stored under the mobile phone number associated with the user when concluding the contract.
e) Payment is made via the telephone bill of the user via the respective telecommunications provider using the payment service PAYFORIT (see paragraph 6. b) of these Terms and Conditions). Otherwise, the exclusive electronic contract is concluded in accordance with these General Terms and Conditions and applicable law for Great Britain. The Service Provider's current Terms and Conditions of these services are available on the website at any time and are digitally downloadable. It is possible that the digital products offered sometimes contain a copy protection.
7. Facilitated information requirements with limited display option
a) The technical conditions in respect of digital content through the use of mobile telecommunications from a distance, by means of suitable devices, have only a limited space for the legally required information or this is usually often only for a limited period of time. In this case, the service provider has to provide the user with the following information:
- the essential characteristics of the goods or services,
- the identity of the business
- the total value or, in the cases where the price cannot reasonably be calculated in advance due to the nature of the goods or services, the type of price calculation,
- where appropriate, the existence of a right of revocation and - where appropriate, the contract duration and conditions for the termination of a continuing obligation.
b) All information beyond that which is necessary will be made available in accordance with legal requirements to the consumer in an appropriate way by the Service Provider for the Service MOBIDOO.
8. Right to Cancel and the exclusion from the Right to Cancel
a) The service of MOBIDOO can be performed immediately after a subscription. The object of the service is the delivery of digital content not stored on a tangible medium within the meaning of the third chapter of the Consumer Right Act, 2015. In accordance to this, after receiving the first requested content under the subscription - contract concluded with the Service Provider, a right to cancel for distance contracts pursuant to Art. 32 of the Consumer Contracts Regulations 2013 (see also the revocation instructions under Nr. 9 of these General Terms and Conditions in conjunction with Art. 38 of the Consumer Contracts Regulations 2013 can no longer be effectively exercised if the Service Provider for MOBIDOO, with the express consent of the consumer according to Art. 37 of the Consumer Contracts Regulations 2013 has started the execution of the service and has advised what applies with the conclusion of a contract. It is not required that the Service Provider has already completely rendered the service. If the User does not grant this consent, he has to wait with the use of the services until the revocation period has elapsed.
b) The consumer is expressly informed and expressly agrees with the conclusion of the contract with the loss of the right to cancel in the case of a premature start of the contract, if the consumer has obtained a confirmation in writing or has been advised in any other appropriate manner of this circumstance before the end of the revocation period according to Art. 32 of the Consumer Contract Regulations. If a consumer does not exercise the right to cancel pursuant to Art. 29, 32 and 38 of the Consumer Contract Regulations 2013 with a contract for the supply of digital content not stored on a tangible medium, there shall be no obligation to pay a compensation to him for services already rendered by the contractor pursuant to Art. 35 the Consumer Contract Regulations 2013, because digital goods distributed by MOBIDOO are not returnable. This does not apply if the right of revocation has expired due to the above-mentioned conditions.
9. Revocation information for consumer contracts (as at: 13.06. 2014)
Right to Cancel
As a consumer you have the right to cancel the contract concluded with the Service Provider for MOBIDOO within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day,
- of the conclusion of the contract.
To exercise the Right to Cancel you must inform us
my mobile company GmbH
Telephone: 0330 777 1411
of your decision to cancel a contract by a clear statement (for example, a letter sent by post, a fax, an E-Mail, a text message).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired.
Effects of revocation:
If you caneel the contract, we reimburse to you all the payments received from you. We will make the reimbursement without undue delay and not later then 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Special instructions regarding the exclusion of the right to cancel:
- Under a contract for the supply of digital content not on a tangible medium (e.g. DVD, CD-ROM, etc.), the trader must not begin supply of the digital content before the end of the cancellation period, unless the consumer has given express consent, and the consumer has acknowledged that the right to cancel the contract under regulation will be lost. The consumer ceases to have the right to cancel such a contract if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the necessary consent and acknowledgement which are required.
- There is no right of revocation in the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
- The consumer bears the burden of proving the exercise of the right of revocation.
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10. Intellectual property rights, copyrights and other property rights
All information used on the service, including advertising is protected by copyright and trademark laws or otherwise. The Service Provider expressly reserves all rights to the content, images, videos and other components used within the context of the Service MOBIDOO. All contents are copyrighted, trademarked or otherwise protected under the laws of Great Britain for the copyright holders and/or the user.
11. Granting of License
The user receives a simple right of use for personal and private use, which does not entitle him to further reproduction or distribution of the respective content to third parties. In this context, the user is entitled to store the products purchased on a mobile device. Storage on another device and/or a transfer of data to another device are not a part of the granted license. Moreover, it is not permitted to process or to otherwise reproduce, distribute or otherwise use or offer the acquired content publicly beyond the scope of the license granted to the user.
12. SERVICE OFFERS; Scope; Liability for Defects
a) The services and products offered with the Servive MOBIDOO are sometimes offered free, but mostly at a cost. The fees for the chargeable services depend on the respective valid offers. These shall also be shown in the individual offers.
b) All offers by the SERVICE MOBIDOO are addressed exclusively to end users (consumers within the meaning of Art. 2, paragraph 3 of the Consumer Right Acts 2015). The prices are gross final prices which already include VAT at the current rate of 20% for the UK.
c) Any reproduction, use or other use for commercial purposes is not permitted and requires in any case an expressly prior written consent from the Service Provider.
d) If the Service Provider should provide, among other things, hyperlinks to sites of third companies and services offered there are used by users, the contractual provisions of the respective companies, including App shall apply. MOBIDOO so far only facilitates the contact with such platforms. A contract is in use with such platforms exclusively between the company concerned and the user, in accordance with the contractual conditions applicable there.
e) The warranty is governed by the statutory provisions.
f) Digital goods distributed by MOBIDOO are not returnable. In case that a right of the return of digital goods is in force the Service Provider is waiving unilaterally and irrevocably on such a right.
13. Contract Period
a) The contract on the subscription currently selected by the user is concluded at the price agreed in the contract. With the binding selection of a product, the user makes a binding offer to conclude a contract at prevailing prices and conditions that the Service Provider accepts by way of electronic communications. The user receives all relevant information for the contractual performance in the confirmation SMS, which may contain hyperlinks to additional information. A subscription contract shall remain in effect until terminated.
b) The respective specific contract each extends automatically by the originally stipulated term at the agreed price, unless notice is given. The Agreement may be terminated during its term to the end of the applicable term of the contract. The cancellation will be confirmed shortly by the Service Provider of the service by electronic means.
c) The Service Provider for the Service MOBIDOO is entitled to offer subscription models with altered pricing structures for the new contracts. MOBIDOO reserves the right to change the nature and scope of the content offered or the scope of use, including the cost structure for the future. If such a change affects a still active subscription, the customer shall receive a notice of change. Upon receipt of such notice, the customer may object to the change by sending an SMS, an e-mail or telephone. Such an objection has the effect of termination pursuant to paragraph 5. c) of these Terms and Conditions so that the subscription ends with the expiration of the subscription period within which an objection was sent. Otherwise, the subscription continues with the beginning of the following subscription period at the revised terms.
d) If we offer a single call, the products prices and payment conditions are applicable.
14. Prices and termination options
a) The prices of MOBIDOO result from the respective offer. All prices include the current statutory applicable sales tax for the United Kingdom.
b) All charges for subscriptions and other releases are due immediately with the conclusion of the contract. Payment is done according to the stipulation of the contract with the respective telecommunications provider whose terms applies exclusively. The fees are charged within the framework of the respective contractual relationship of the user in favour of MOBIDOO.
d) The original contracted rates will remain valid until the termination of the contract. A refund claim of the user for the current billing period is excluded. Should the user make payments beyond the termination date, such payments are refunded proportionately to the user through his telecommunications provider. Further claims by the user are excluded.
e) The parties' right to terminate the contract for good cause remains unaffected. The Service Provider is in particular, but not exclusively, entitled to terminate the contract for good cause if the following conditions are met:
- The user is in default with the payment of the fees by an amount equal to at least 5 euro and does not pay despite two reminders;
- The user culpably violates laws and/or significant contractual provisions and if the violation is not ceased immediately despite proper notification by the Service Provider. Such notification is unnecessary in the case of serious offenses, if the continued contract performance is unreasonable for the Service Provider. If there is a termination for cause by the Service Provider, the user is not entitled to a refund of fees already paid.
15. Requirements for use
In order for the user to access any contents made available by MOBIDOO from a mobile device for the receipt of telecommunications, a legal capacity user needs a compatible mobile device that has been activated by the network Service Provider and a working mobile connection. Incidentally, the respective contract is not covered by the contract of the Service Provider with the telecommunications provider.
a) Notes on data protection and data usage arise from the corresponding information in the privacy statement on the protection of personal data according to the requirements of the Data Protection Act 1998, the Communications Act 2003, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Retention (EC Directive) Regulations 2009, the Audiovisual Media Services Regulation 2014 and the additional applicable regulations. MOBIDOO's offers meet the requirements of the protection of minors in Great Britain in accordance with the legal provisions of the Audiovisual Media Services Regulations 2014 and other applicable child protection legislation.
a) The Service Provider can stop the service or the offer and related services without giving a reason at any time. In this case, any available balance shall be reimbursed by the Service Provider to the user. This does not apply if the Service Provider has already terminated the contractual relationship for good cause.
c) MOBIDOO is not liable for delays, malfunction, suspension and/or interruption of service due to -
inappropriate use of the service by the user;
- Malfunction of the mobile terminal used by the user or any other non-conforming use;
- Lack of adequate credit of the user or a blocking of the use of telecommunications by the respective provider of the user;
- For complete or partial interruption of service by the Service Providers of telecommunications facilities, including the existence of force majeure or other disturbances in the telecommunications business for which the Service Provider is not responsible. A guarantee for a constant, zero-delay transmission of our products and services, cannot be assumed by us, as we are not network Service Providers ourselves.
d) The service provider is not liable for damages caused by software recommended by the portal, used via the portal, on the portals, accessed on the portals or used via the portal. If the user makes use of downloads from portals or through the use of web applications that are not part of the services offered by the service provider, you do so at your own risk.
18. Responsibility of the user
a) With respect to the use of the services and the related services all users shall comply with the applicable laws and not infringe rights of third parties, in particular.
b) In communication forums and via e-mail and/or SMS as part of the services of MOBIDOO - provided that such services should be provided - pornographic, obscene, offensive and/or defamatory statement and other statements, which could harm the rights of third parties, as well as content in violation of the Youth Protection Laws of Great Britain are prohibited.
c) Content from the portal of MOBIDOO including communications in the user forums - insofar as such should be offered - may not be passed outside of the portal, copied, reproduced or distributed.
d) The user shall neither damage nor interrupt the operation and refrain from any actions that could have a damaging effect in technical terms for the Service Provider.
e) Each user agrees to indemnify the Service Provider from damages arising from a breach of the provisions in the contract with the Service Provider, including the General Terms and Conditions or from applicable laws.
19. User-generated content; Games, Dating, etc.
a) Under certain circumstances MOBIDOO offers services that enable communications between users. As part of the use of such services, it may be allowed to users to set their own user-generated content (for example, news, photos, photo sets, texts, hyperlinks, etc.), The user agrees in this case that the content posted free of charge may be duplicated within the Services of MOBIDOO, disseminated and may be communicated to the public. For the avoidance of doubt, it is determined that "user-generated content" includes all contents and communications between users of the Service MOBIDOO.
b) The user agrees that with respect to all contents that are subject to copyright protection or any other content protection, a simple and worldwide right to use the uploaded content for the duration of the portfolio of the service are transmitted to MOBIDOO.
c) All users of such services by MOBIDOO undertake at the discretion of MOBIDOO to upload any content of the following types: illegal, grossly inappropriate, pornographic or sexual, harmful to minors, extremistic, violence-glorifying or trivializing, glorify war, terroristic contents, religious or extremist political organization promotional, prompting a criminal offense, containing a defamatory statement, or other criminal content. Likewise, the user undertakes not to install any content that contains advertising or commercial content. This also applies to hyperlinks to third party content directly in competition with MOBIDOO.
d) The user shall release MOBIDOO from all third party claims that arise if users violate legal obligations or obligations arising from the concluded contract.
e) Users of services of MOBIDOO agree not to use the services of MOBIDOO for the creation of business relating to commercial or business enterprise.
f) Insofar as MOBIDOO offer services that enable communication between users, for example in the form of a dating service, MOBIDOO shall not be liable if a contact between members does not take place with others members or if a goal pursued by the communication is not achieved MOBIDOO assumes no responsibility for the accuracy of the transmitted data published by their participant. Likewise, MOBIDOO is not liable for damages caused by improper use by other participants or by third parties.
g) MOBIDOO shall not moderate the communications between users of the service of any kind. If necessary, a technically monitoring will be provided. The content selected by the user cannot be continually reviewed by MOBIDOO, since this is not reasonable based on the effort required. Therefore, MOBIDOO cannot guarantee the accuracy, completeness or topicality of the user-generated content. MOBIDOO is not liable for content and activities originating from users. Such communications may be neither attributed to MOBIDOO nor do they represent the opinion of MOBIDOO. These also include hyperlinks that are set by the users in their communications. MOBIDOO is only responsible for external content if MOBIDOO has knowledge of illegal activity or information or has attained positive knowledge and do not immediately remove the information in question or disable access to it, where this is possible and reasonable for the service provider. MOBIDOO is entitled to delete any content that violates the law and the foregoing obligations of users.
h) MOBIDOO does not guarantee the accuracy, integrity or appropriateness of the user-contributed information or content. Each user bears sole responsibility for his contributions in communications between users, access to which of MOBIDOO mediated. Each user himself assumes full responsibility for the disclosure of personal information in a post under such communications. MOBIDOO reserves - without committing themselves legally - the right to delete, move or change content posted MOBIDOO deems to be unacceptable or inappropriate legally or for any other reasons.
a) Under Mobidoo's subscription model the Service Provider of this service may also provide video streaming services and music streaming. "Streaming" refers to the digital transmission of material on the Internet media by the user-operated internet enabled device, in which no permanent copy is created on the mobile device of the user, unless this is part of a download - function which should be explicitly permitted. It is beyond the scope of this service, that users provide their own videos, sounds or productions to third parties in the services operated by MOBIDOO. All streamed content on the service, are provided exclusively under existing license agreements or other concessions with third-party users on the service for the purpose of use.
b) The user agrees that the video in question shall only be used in the form of streaming, if a download is not explicitly permitted. The use is solely in the context of personal, non-commercial use within the functionality prescribed by the service.
c) The videos are streamed in the format of Adobe Flash Video, and/or Windows Media Video (WMV), H.264 for Apple iPad/iPhone and H.264 for HbbTV or comparable formats and wherever possible in the bandwidths of 1,700 kbit/s and a resolution of up to 720x576 pixels. We accept no liability for the technical quality of the stream from third parties.
d) With the ordered subscription the user receives a simple, non-transferable right to use the corresponding content in accordance with these Terms and Conditions. Use is restricted and limited to the usage period for each specified and paid for. All rights regarding MOBIDOO and its contents, which are not expressly granted to the user under these General Terms and Conditions, remain with the Service Provider for MOBIDOO and the respective licensors.
e) The videos streamed in a video player may contain hyperlinks to other websites (so-called "linked websites"). Such linked websites do not fall under the control and the influence of MOBIDOO. MOBIDOO is not responsible for any third party content. This includes in particular hyperlinks that should be contained in a linked website. MOBIDOO is not responsible for any changes or updates to linked websites. This also applies for webcasting or any other form of transmission received from a linked site in any form.
f) The user shall not circumvent or bypass the security-related features of the service neither or influence the viability of the service in any other way. In particular, he shall not alter the player made available to him nor influence its functioning in a restrictive form for the contractual use.
g) The videos will be streamed just as they were provided to MOBIDOO and MOBIDOO therefore does not assume any warranty or guarantee of performance and completely excludes such liability. MOBIDOO guarantees no representation that the streamed video meets certain expectations of users.
h) MOBIDOO also does not guarantee that the service will not be interrupted temporarily and on time and that buffering will takes place with no defects. Moreover, MOBIDOO does not guarantee that the streamed video contains information that is accurate and reliable. The contents of the video are not subject to MOBIDOO's editors, the Service Provider for MOBIDOO, their directors or the production staff, otherwise this is explicitly stated.
21. Special Terms for Music Streaming Services
a) If MOBIDOO offers the streaming of music within the meaning of Paragraph 20. a) Page 2 of these General Terms and Conditions it pertains to an incorporeal provision of music recordings from the services offered by MOBIDOO for retrieval on the Internet in the form of music channels. Songs selected to be played are thereby transmitted to the device of the user regularly and continuously. A saving of music recordings for the purpose of their permanent ownership (download) is contractually excluded. The music service is provided exclusively by subscription, which may also contain content other than music.
b) The subscription includes - within the scope of services offered - the use of music rights, licenses, and possibly also a music player software. By signing this subscription, the subscriber gains access to pieces of music currently available. The music database is continually updated. The user has no entitlement to a special music database. The database can be changed continuously.
c) All music offered by MOBIDOO are free of rights of perception by PRS (Performing Rights Society) for Great Britain and the ICE (for Great Britain, Sweden and Germany). All our artists are Non-PRS-Musicians which means they have decided not to join performing rights organisations such as PRS, ASCAP and BMI. There are no PRS or PPL fees to pay if the user only listens to this service provided by MOBIDOO.
c) Any User of MOBIDOO may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use music presented by MOBIDOO. You also agree not to adapt, alter or create a derivative work from MOBIDOO.
d) To use the music service, a user must provide the appropriate technical arrangements at their own expense. The system resources which are absolutely necessary to use such contents for technical reasons, can be accessed through the website of MOBIDOO.
e) The user undertakes not to unlawfully use or abuse the music service provided by MOBIDOO. An abuse exists in particular when the user attempts to gain unauthorized access to the databases of the music service to change data, delete, suppress or render useless and wilfully to violate in any way against the present General Terms and Conditions. The use of software, scripts, mechanisms or other technical resources that are likely to affect the operation of the music service or its applications are also prohibited as the attempt to decompile programs underlying disassemble, or using the Reverse Service Engineering to transform into readable source code. In addition, the user is prohibited from any action that might be capable of influencing the functioning of the music service or its infrastructure, particularly overloading this disadvantageously.
22. Technical protection measures
Technical protection measures in accordance with the copyright laws for Great Britain, which are intended to prevent users from copying or otherwise using purchased content in breach of copyright provisions, may apply. Data and information from the area of electronic rights management, governing the use of the works and/or materials may not be changed by the user.
23. Applicable Law and Jurisdiction; compulsory arbitration
a) The law of the United Kingdom of Great Britain and Northern Ireland applies, but as far as not precluding the mandatory law, English law will apply. For legal disputes the courts of the United Kingdom of Great Britain and Northern Ireland have exclusive jurisdiction.
b) Any changes, amendments or waivers to these General Terms and Conditions must be in writing. This also applies to the lifting of the text form requirement.
c) Electronic communication between the parties is legally binding.
e) Should individual provisions are or become ineffective and/or contradict the statutory regulations, this will not affect the effectiveness of the remaining provisions. If General Terms and Conditions clauses are ineffective, the relevant statutory provisions shall apply in their place.
24. Communication with the Service Provider of the service
The responsible Service Provider for the Service MOBIDOO is
my mobile company GmbH
Managing Director: Ralf Hansen
Kokkolastraße 5, 40822 Ratingen
Commercial Register Number: HRA 89673
VAT identification number: DE 256 314 110
Our contracts are concluded in English
Copyright 2019 © my mobile company GmbH
1. Responsible party
a) The responsible party for any data processing while using the Service “Mobidoo” is the mymobilecompany GmbH, KKokkolastraße 5, 40822 Ratingen, Germany as the responsible Service Provider for the Service MOBIDOO.
b) The processing of data occurs through mymobilecompany GmbH or subcontracted companies in the United Kingdom of Great Britain and Northern Ireland and in Germany or other countries of the European Union.
c) The responsible party shall ensure the security and confidentiality of data provided by users in accordance with the applicable data protection legislation for Great Britain and Northern Ireland. The recipient of this data is the commercial and technical service provider of the responsible party.
e) As a member of the European Union, the United Kingdom implemented the EU Data Protection Directive 95/46/EC with the Data Protection Act 1998 (“Act”). The Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act. They give people specific privacy rights in relation to electronic communications. Enforcement is through the Information Commissioner’s Office (“ICO”). There is no requirement in the UK for organisations to appoint a data protection officer.
f) If you are aged 16 or under‚ please get your parent/guardian's permission beforehand whenever you provide personal information to this service. Users without this consent are not allowed to provide the Service Provider of MOBIDOO with personal information.
g) The Service Provider of MOBIDOO informs the user according to the existing legal provisions of the Data Protection Act 1998 and other relevant laws such as the PECR in its amended versions on the handling of personal data protection when using electronic communications to contact the Service Provider for the purpose of activation, service and deactivation of the entrusted phone numbers and other personal data.
2. General notes on data processing
a) The Service Provider collects, processes or uses personal data exclusively for the fulfilment of contractual and legal obligations, in particular with regard to the conclusion of the contract, the contract execution, the termination of the contract and for accounting purposes, provided this is not done through an app store (such as Google Play). The Service Providers shall not forward personal data if they are under no legal obligation to do so or the user has not consented in accordance with legal provisions.
The collection, use and processing of data is carried out in electronic form.
b) In the case of personal data which is collected by the Service Provider in order to fulfil contractual obligations with an user, which concerns, for example, the mobile phone number with the use of SMS, possibly a name because of getting in touch with the Service Provider, under circumstances E-mail - Addresses as well as IP - Addresses. In order to use the services of MOBIDOO, it is necessary to concludea a contract with a subscription with the Service Provider of MOBIDOO. This requires that the Service Provider collects personal user data. This is done in particular by assigning a user ID, a password and other information to enable the identification of the user, as far as only a phone number and/or an E-Mail-Address need to be collected. In most cases only the specification of a mobile phone number is required for the use of the services of Mobidoo. The settlement of the costs of using the services shall be done via the network provider of the user who handles the payment to the Service Provider of the service.
Such data will also be used to notify of malfunctions of the service, an abusive use of the offer or other circumstances, which are based on the terms of the Service Provider. Such data shall also be used for the purposes of settlement and to cancel the service.
c) When using MOBIDOO the Service Provider collects information about the type of use, to ensure a regulatory and contractual use ("usage data"). Usage data is also used for billing purposes.
Usage data includes in particular characteristics to identify the user, information about the commencement, nature and termination of the use of the Service Provider's services.
d) The Service Provider automatically collects certain data that are stored in log files. This data includes information such as IP addresses, browser types, the operating system used, date/time stamp and clickstream data. These data - which make no mention of the identity of the user - is used by the Service Provider to perform trend analysis, to manage services for tracking the navigation of users on the service, and to collect data about a possibly offered user community. This automatically collected data is not linked to personal data of any users.
3. Cookies, anonymous identifiers; Java script and web beacons
a) Cookies: A cookie is a small text file that can be stored for recordkeeping purposes on the mobile device for use of mobile telecommunications. As part of the services of MOBIDOO cookies or anonymous identifiers may be used. The Service Provider does not link data stored in such files with personal data of the user for which the Service Provider has the right to collect for other purposes, to process and use. The Service Provider uses both temporary cookies, session cookies or persistent cookies and anonymous identifiers for mobile applications. A session cookie expires when the user closes the application. A permanent cookie is stored for a longer period on the user's device. The user can reject or delete permanent cookies by following the instructions of the provider of the particular device to receive telecommunications services, to accept cookies or anonymous identifiers. An anonymous identifier is a string created randomly. It fulfils the functions of a cookie on platforms such as mobile devices where cookie technology is not available.
d) Web Beacons: We also use electronic images known as web beacons (sometimes called single-pixel gifs, clear gifs or action tags) that allow the Service Provider of MOBIDOO to collect certain information about your visit to these web pages (including the number of users who have visited those pages) measure and improve the effectiveness of advertisements and deliver services. Web beacons collect information such as a cookie number time and date of page view and a description of the page on which the web beacon resides. This information may be shared with one or more third parties so that they can understand the kinds of visitors to our Site and our Services, how those visitors use our Site, and the effectiveness of their advertisements. Because web beacons are the same as any other content request, you cannot opt out or refuse them. web beacons can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
4. Transfers to third countries
b) Such legal obligations exist towards the government in cases where it is required by the current legislation to transmit information. This applies in the cases specified by law also to regulatory bodies such as the OFCOM (Independent regulator and competition authority for the UK communications industries), as well as judges, prosecutors, courts and other authorities, to the extent required by law.
d) If you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with such services.
5. Legal notice for users
MOBIDOO hereby informs users, in particular that they have the following rights under the provisions of the Data Protection Act 1998 ("Act") and The Privacy and Electronic Communications Regulations (PECR):
- The user receives on request notifications from the technical service provider or from the Service Provider for the Service MOBIDOO with a confirmation of the existence or non-existence of processed personal data collected and/or processed by the Service Provider of MOBIDOO or his technical service providers..
- The user receives information about the origin of personal data in the event of such request; the purpose and mode of processing, the applied electronic processing processes, the content of the data processing, the categories of persons to whom the personal data have been disclosed and which companies have done the data processing;
- The user reserves the right to request the updating, correction or completion of his personal data, to the extent necessary. In the case of the violation of rights any user has the right to demand the transformation into an anonymous form, blocking or deletion of the data after termination of the contractual relationship in accordance with the data protection law.
- If a user is underage he requires the consent of parents or guardians for the purpose of use of the device for the reception of mobile telecommunications.
6. Advertising and disclosure to third parties
a) If the user has specified to the Service Providers under the existing customer relationships his email address, the Service Provider is entitled to provide him information about its services via email.
b) The Service Provider is entitled to send information about subsidiaries and their products and services to the user via email. The user may of course revoke his consent at any time to the described use of his email address by the Service Provider in text form (for example, by email) without incurring any costs, apart from the costs of transmitting the revocation (at base rates).
c) The disclosure of personal data of users to third parties are made only with the express consent of the person concerned. Exception is disclosure to service partners of the Service Provider, if and to the extent necessary for the implementation of agreements with the users. In individual cases a transmission of user data can be necessary because of obligations. by law
d) Services of the Service Provider may be partially funded by advertising. In this case, advertisements of the Service Provider or third parties may be displayed during the use of the offers of the Service Provider. Third party advertising messages will only be sent to users if there is appropriate consent from the user.
7. Stipulations regarding use of the discussion boards (if offered)
Any communication or material that you transmit to, or post on, any public area of services which are offered by the Service Provider of this service including, but not limited to, any data, questions, comments, suggestions, reviews, or similar things, is, and will be treated as, non-confidential and non-proprietary information. When entering such a discussion forum, you agree not to publish, post, disseminate distribute or otherwise transmit any defamatory, offensive, infringing, indecent or otherwise unlawful or objectionable material or information. MOBIDOO and its Partners will not be responsible for any posting by any user of any defamatory, obscene or otherwise unlawful material. MOBIDOO and its Partners have the right to remove any material or posting you make on this Site at its discretion without notification and without giving any reasons for it.
8. Google Analytics and Google AdWords
a) In some cases the Service Provider will use Google Analytics, an analysis service provided by Google Inc. (Google), which allows an analysis of the use of the application by the user. The Service Provider uses this information in this case in order to ensure a continuous development and improvement of its services. In the event that the Service Provider should use this service, the following instruction is carried out as a precautionary measure for all users of MOBIDOO.
b) For analysis purposes, non-personal information about the usage and error messages might be recorded. Such data are anonymous and do not contain personal information. The anonymization of the data of users is done using the shortening of the relevant IP address by which the device can be identified. The use within the site or app (movement in the output, use of features, etc.) is stored and tracked and analysed by Google Analytics.
c) This is always done on servers within the EU or the European Economic Area, before it is transferred to Google. Only in exceptional cases, such as technical problems, possibly the IP address of a user is transmitted to a Google server in the US and then shortened there (information on this:) https://www.google.com/analytics/terms/gb.html. d) The information transmitted in the context of Google Analytics is neither merged with other data from Google nor with personal data. There is no evaluation of this data to create personal user profiles. The data collected will not be disclosed to third parties. Any user can prevent datacollections such as by IP - Addresses and/or related to the use of the application data and the processing of these data by Google, by turning off in the specific settings of the application usage analysis option, insofar as the application provides such settings.
f) The Service Provider may also use Google Analytics in the evaluation of data from AdWords used for applications for statistical purposes. This enables ads in services where cookie technology may not be available, for example, in mobile applications of the Service Provider which uses anonymous identifiers, which operate like a cookie. The user controls the display via the display settings for applications, the switches off the operation or allows this to be switched off in applications on your mobile device. When the user changes his settings or wants to opt out of interest-based ads, he should follow the instructions for its respective mobile device.
g) If the Service Provider of this service uses similar tools to the above - such as BING - Webmaster Tools (https://advertise.bingads.microsoft.com/en-us/solutions/web-analytics) - the above information applies in light of comparable corresponding functionalities. https://advertise.bingads.microsoft.com/en-us/solutions/web-analytics
9. Data usage associated with social networks
10. Use of social media - plugins - Facebook
a) MOBIDOO may use social plugins (“plugins") of social networks www.facebook.com. In this case, the following precautionary policy applies. Responsible Service Provider for Europe is the Facebook Ireland Ltd., Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland. Otherwise, this social network Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, operated.
b) The plugins are recognizable by one of the Facebook logos (white "f" on a blue tile) or the notice "Facebook Social Plugin". The list and the look of Facebook Social Plugins can be viewed publicly under http://developers.facebook.com/plugins.
c) For information on the purpose and scope of the respective data collection and the further processing and use of data by Facebook, and your rights and settings options to protect your privacy, please refer exclusively to the privacy policies of Facebook (https://www.facebook.com/about / privacy/), as the Service Provider has no influence over this.
d) With regard to the transmission of data to Facebook is to be distinguished between the pure app usage and the access to the web pages through the browser (from the app or website). If you access Facebook via an app or a Web page that contains such a plugin, a direct connection with the Facebook servers is established. The content of this plugin is transmitted in this case directly to your browser and integrated into the website by Facebook. Under such circumstances, the Service Provider of the service has no influence on the type and scope of data collected by Facebook by using this plugin. In any case, Facebook, by integrating the plugin in any case receives the information that the user has accessed the website.
e) If a user is logged into Facebook, Facebook can assign the respective Facebook account to the user's visit. If a user interacts with the plugins, for example when he pressed for example, the "Like" button or leave a comment, the appropriate information on the respectively used browser on the mobile device is transmitted directly to Facebook and stored there. If you are not a member of Facebook, there is still the possibility that Facebook identifies and stores your IP address.
f) If a user is a member of Facebook and does not want that Facebook automatically collects data about the user and link this to the member data already stored by Facebook, the respective user must log out from the Facebook – Application before taking a visit to any web pages.
g) In contrast to the use of Facebook - Plugins, on mobile Internet sites there is no automatic transfer of data to Facebook based on the mere use of an app. Data is only transmitted to Facebook based on the use of the above-mentioned plugins. Before the first data transmission an explicit login to Facebook via the app is also required, as there would be no data transmission. If this login is, however, carried out, data is always sent to Facebook as soon as a user in the app clicks a corresponding Facebook button.
11. Safety measures
The Service Provider shall take all necessary technical and organizational measures under the data protection law of Great Britain, in order to ensure that the data stored, managed or used by the Service Provider is protected against accidental or intentional changes or unauthorized access.
12. Changes to the privacy statement
In case of questions or any other comments and wishes of users of the Service Providers, this service can be reached as follows: