Mobile Terms of Use

 

These are the legal terms that apply when you use any of the mobile services (including WAP sites, SMS, MMS and mobile downloads) that we operate in the UK and Ireland. Please read these terms carefully before using those services as you will be bound by these terms. If you do not agree to any of these terms we do not grant you permission to use our mobile services. If you have any questions you can contact us as set out below.
 
You should also read our Privacy Policy which applies to all of your dealings with us and explains what use we will make of any personal information you may give us.
 
We may give certain words that are used in these Mobile Terms of Use a particular meaning which will be set out where these words are featured in bold within inverted commas like this: “words”.
 
 
1. OUR DETAILS

"We", "us" and "our" means MTV Networks Europe which is a Delaware partnership between MTV Networks Europe Inc and Viacom Networks Europe. Our principal place of business is at 17-29 Hawley Crescent, London NW1 8TT. Our VAT number is GB466509032. If you have any questions or concerns please refer to our frequently answered questions(FAQs). If the FAQs do not adequately address your questions or concerns you may contact us using our email contact form.
 
2. CHANGES TO THESE TERMS
 
We may need to make changes to these terms in future. For example to reflect changes in the law, changes in the type of services or information we provide to you through our mobile services or to correct errors in these terms. We will try to keep all such changes to a minimum. We recommend that you check these terms from time to time to see if they have changed. We will always state at the bottom of these terms the date on which they were last updated.
 
If you continue to use our mobile services after our terms change you will be bound by those changes.
 
3. REGISTRATION, PASSWORD AND SECURITY

Some of our mobile services may only be accessible by registration which may have a minimum age for those mobile services in which case you must only register if you are above the specified age. When you register you must provide us with true, current and complete information about yourself as set out in the registration form. If you provide any important information that is untrue, not current or incomplete (or we have reasonable grounds to suspect that this is the case) we have the right to either suspend or terminate your access to those parts of our mobile services that require registration.
 
On registration you will need to choose a password and a user name. You are entirely responsible for keeping your password and other account details secret. You will be responsible for all activity that occurs under your account by another person if you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security and to exit from your account at the end of each session.
 
These security measures are important and we cannot take any responsibility for inconvenience, loss or damage you suffer as a result of failing to comply with them.
 
4. YOUR USE OF OUR SERVICES
 
You must use our mobile services in a considerate and responsible manner. You are not allowed to use our mobile services:
 
·         for any purpose that is against the law
 
·         in connection with a business
 
·         in any way that causes our services to be interrupted, damaged, impaired or rendered less efficient
 
·         in any way that could damage or disrupt another user's property
 
·         to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else
 
·         as a means to threaten, stalk, harass, abuse or insult anyone else
 
·         to collect personal data about other users (for example to use for “spam”)
 
·         in a way that violates or infringes the rights of anyone else, for example other people’s copyright or right to privacy
 
·         to create a false identity that misleads others about the identity of the sender or the origin of a message, for example you must not impersonate an MTV employee or another user or company
 
·         to transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example junk mail, spam, chain letters, pyramid schemes or similar
 
·         in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation
 
We provide our mobile services (and the information and materials on those services) solely for your personal and private use. The information and materials must not be used for any other purpose without our express written permission. For example, you are not allowed to copy, transmit or reverse engineer anything available on our mobile services. Unless we specifically tell you otherwise this restriction also applies to you modifying any information or materials available on our mobile services, for example by making a “mash-up” or other derivative work. 
 
The material and information provided by us and other third parties on our mobile services is protected by intellectual property rights including copyright, designs and trade marks. Nothing in these terms gives you any rights of ownership in that material or information and you may only use that material and information in accordance with these terms.
 
5. COSTS
 
We (or the relevant distributor or operator of the mobile service) will always notify you of the likely charges for using a service. For example, when entering a competition, purchasing a video clip or voting via mobile/SMS or a WAP site, the programme on which the competition/vote was featured or the relevant section of the WAP site will inform you of the price of registering your vote/entry or the cost of purchasing the video clip. However, your network operator may also charge an additional standard messaging fee for any SMS sent or received by you or a browsing and/or downloading fee for your use of a WAP site. You should consult your network operator for further details of these standard costs.

Charges for the relevant service will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer. You must always obtain the permission of the person paying the bill for the relevant mobile device, and ensure you have enough available credit if you are a pre-pay customer, before using any of our mobile services.

 
6. REVERSE BILLED PREMIUM RATE SERVICES
 
Part of the mobile services provided by us may include reverse billed premium rate text SMS/MMS services. These services operate by delivering content to mobile devices for a fee. For example, you may request to purchase a paid item of content or to participate in a game by sending an SMS text message to a particular shortcode and you will be charged at the standard messaging cost of the relevant network operator for such SMS text message. You will then receive the requested content or a confirmation of receipt, and are charged by us at that point for the delivery of such content at a premium rate. The primary cost of the service to you is incurred not when you send the SMS text message to purchase the content but when we send you the requested content or confirmation SMS/MMS text message in return. For that reason these services are known as “reverse billed premium rate services”. Such premium rate services are charged per message and not per minute.

Where we use reverse billed premium rate services we will notify you of the likely charge for receiving content or messages from us. Please refer to any terms that appear alongside any mobile services promoted on any of our television channels, online services or mobile services. The charge will be between a specified price range depending on your network operator and the network operator may also charge an additional standard messaging cost. Please consult your network operator for further details of its standard messaging costs.

 
For further information on any of our mobile services, including reverse billed premium rate services, email please refer to our FAQs. If the FAQs do not adequately address your questions or concerns you may contact us using our email contact form.
 
7. SUBSCRIPTION PREMIUM RATE SERVICES

If you request to receive one of our premium rate mobile services on an ongoing subscription basis you will be charged on a periodic basis by a reverse billed premium rate SMS text message and the network operator may also charge an additional standard messaging cost. Before requesting the subscription service we shall notify you of the applicable fee, when you will be charged this fee and how to withdraw from that subscription service. You may withdraw from a subscription mobile service at any time an SMS text message to the short code for that subscription service with the word “STOP” in the body of the SMS text message. Withdrawal instructions along with the relevant short code will also be included in any SMS relating to the subscription that we send to you.  Your withdrawal message will be charged at your network operator's standard messaging rates. Please consult your network operator for further details of its standard messaging costs.

8. REFUNDS FOR PREMIUM RATE SERVICES
 
If you have sent an SMS text message to participate in any of our premium rate mobile services but you have not received the requested service but have been charged for it, you may call our refund number 020 7284 6100 and leave a message stating ALL of the following:
(i)                   your mobile number
(ii)                 the time and date of your original SMS text message
(iii)                the short code you sent your SMS text message to
(iv)                what you wrote in the body of your SMS text message
(v)                  your postal address
If you fail to provide any of the above information we may not be able to refund you. We shall then check this information against our records and if you are entitled to a refund we shall send you a cheque in the amount of the premium rate fee that you were charged. You will not receive a refund for the network operator’s standard messaging rates you have been charged in connection with this.
 
9. SERVICES FROM DISTRIBUTORS AND NETWORK OPERATORS
 
As a service provider we contract with distributors, network operators and other third parties for facilities to enable the provision and billing of our mobile services. As such, components of our mobile services are supplied to us and/or to you directly by third parties. We do not control those elements and cannot make any promises to you about the level of service provided by third parties.
 
Our mobile services are subject to the limitations of the technology on which they rely and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your mobile device.

Where mobile services are provided to you directly by a distributor, network operator or other third party, the take up and use of those services by you may be subject to the terms and conditions of those third parties. However, you will also remain bound by these terms where applicable and in the event of a conflict between any third parties’ terms and these terms, these terms will take precedence.

10. LEVEL OF SERVICE

 
We may establish general practices and limits concerning use of our mobile services, including without limitation, the maximum number of times (and the maximum length of time) you may access our mobile services in a given period. We have the right to change these general practices and limits from time to time without having to tell you in advance.
 
We endeavour to provide a satisfactory level of performance for all of our mobile services. However it is not technically possible or practical for us to provide our mobile services free of all faults at all times. The information and material provided on our mobile services may include some inaccuracies or typographical errors, which we will endeavour to correct as they come to our notice. Our mobile services may sometimes be unavailable for technical reasons, for maintenance or for us to make editorial changes. We may also decide at any time to discontinue providing certain of our freely available mobile services.
 
11. LIABILITY
 
We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising from or in any way connected with your use of, or inability to use, our mobile services in respect of any losses:
 
·         that are related to a business or commercial undertaking
 
·         that were unforeseeable
 
·         that are related to loss of opportunity, loss of goodwill or injury to reputation
 
·         that are suffered by third parties who are not users of our mobile services
 
·         that are caused by loss of data, or computer virus
 
·         in respect of infringement of rights arising as a result of a third party linking to our mobile services and causing our content to be viewed within the pages of any other website
 
·         that are due to your fault, for example if you have provided incorrect information to us, where you erase an element of the mobile service provided to you or you fail to comply with the instructions for use of our mobile services as explained by us
 
If you have a claim against another user of our mobile services you will pursue that claim independently and without recourse to us.
 
We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
 
12. COMPENSATION
 
You will be required to compensate us in full for all of our losses caused by your misuse of our mobile services, including losses we suffer by virtue of someone else bringing a claim against us in respect of such misuse. A misuse of our mobile services arises if you do not comply with the rules set out in these terms.
 
13. SAFETY AND PARENTAL RESPONSIBILITY
 
When using our mobile services you should always take the following precautions:
 
·         keep your identity private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your school or any other information (other than that specifically requested by us), that could help someone discover your actual identity
 
·         never meet with someone you meet solely via mobile
 
·         do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable
 
We are concerned about the safety and well being of all our users, but children in particular. Parents who allow their children to use our mobile services should take care to supervise and assist their children. We remind you that our mobile services are designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of our mobile services are unsuitable for your child. If you have any concerns about our mobile services, please do not hesitate to contact us using our email contact form or at the address set out above.
 
14. SUSPENSION AND TERMINATION
 
We have the right to suspend or terminate your access to our mobile services or any aspect of them if you do not comply with these terms or if we have reasonable grounds to believe that you are likely to breach them. We will use reasonable efforts to give you reasonable prior notice of our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of our mobile services or could damage our reputation. 
 
15. COMPETITIONS AND GAMES
 
If you enter a competition or buy a game via our mobile services we will alert you to any specific rules that apply to that particular competition or game.  If there are no specific rules for the competition then our General Competition Rules will apply.  
 
16. PRIVACY
 
We will comply with all applicable UK data protection legislation from time to time in place in respect of any personal information you submit to us.

You may be asked to input information about yourself on different areas of our mobile services. We will only use that information for the purposes set out in our Privacy Policy or as stated at the time the information is requested.

 
You can amend or remove information you give us via our mobile services at any time. If you want to remove all of your information from our databases, you can you can contact us by using our email contact form specifying your name, user-name, email address and telephone number and asking for your information to be removed. You should also read our Privacy Policy which contains further information about how we collect, store and use information about you in the course of providing our services.
 
17. COMPLAINTS AND TAKE DOWN
 
If you want to make a complaint about any of our mobile services or if you think your or someone else’s intellectual property or other rights have been infringed by our mobile services you can do so by submitting full details using our email contact form.  
 
18. SEVERABILITY
 
Each provision of these terms excluding or limiting liability is to be construed separately and will apply and survive even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these terms excluding or limiting liability will remain in force notwithstanding any termination of these terms or termination or suspension of your access to our mobile services.
 
19. NO WAIVER
 
No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about a particular breach of these terms by you it does not prevent us from complaining about other breaches.
 
20. GOVERNING LAW AND JURISDICTION
 
These terms are governed by the laws of England and both you and we agree to submit to the non-exclusive jurisdiction of the English courts.
 
 
These terms were last updated on 1st March 2009.