IMMMOOO General Business Conditions for the Sale of Cell Phone Mobile content through the Internet
1. General points
1.1. The following conditions shall exclusively apply to all contracts between MMMOOO and the Client. This also applies in particular if the Client should use General Business Conditions (GBCs) which contain conditions that are in contradiction to, or deviate from the conditions listed herein.
1.2. The conditions listed herein shall also apply if MMMOOO completes the agreement without reservation whilst aware of conditions on the part of the Client that are in contradiction to, or deviate from the conditions listed herein.
1.3. Deviations from the conditions listed herein shall only be valid if MMMOOO expressly agrees to them in writing.
2. Subject of the agreement: Provision of mobile content
MMMOOO makes available for downloading either direct, or via PC, various mobile content for mobile telephone interfaces. Such mobile content consist of images, in some cases texts, as well as graphics, icons and possibly sounds and animations. These mobile content (hereinafter called mobile content) represent the subject matter of this agreement.
3. Client Obligations
3.1. Clients shall be bound to provide such information as is required on registration truthfully and in full. In the case of alterations to this information clients agree to update it voluntarily and without delay.
3.2. Only clients personally registered with MMMOOO themselves shall be entitled to make use of the range of products on offer via the user account allocated to them. Clients are not entitled to enable other persons to use said account. Clients agree to keep the password allocated to them secret, and not to pass it on to third parties. Should clients become aware of the fact that third parties have, or have had access to said password, they are obliged without delay to have the account blocked by means of an e-mail to the MMMOOO Customer Services Department. Should access to said password, or the fact that it was passed on (to third parties) not be traceable to a mistake on the part of MMMOOO, clients shall be liable for the cost of those MMMOOO products that are downloaded, until such time as clients have requested MMMOOO to block their account.
4. Protection of mobile content and Granting of Rights
As a rule, those mobile content that constitute the subject matter of this agreement enjoy the protection of the Copyright Act, the Trademark Act or protection as a registered design. Once the agreement is signed, and on the condition that the agreed fee has been paid, MMMOOO shall permit clients to store said mobile content on their cell phone for private purposes. Storage for any other purpose as well as any other usage shall not be permitted. In particular clients shall not be allowed to transfer said mobile content to another cell phone or other data carrier. Clients shall likewise not be permitted to reproduce said mobile content elsewhere, nor shall they be permitted to distribute them or even put them on the Internet for the purposes of downloading.
A corporate theme created specifically as a client request can, provided that a separately specified number of licenses is ordered, be used for business purposes, e.g., as an advertising gift or for company phones.
5. Limitation of Liability
5.1. MMMOOO shall be held liable, on whatever legal grounds, only in the case of intent or gross negligence. This restriction shall not be valid in the case of damages resulting from infringements of life, body or health, which are the result of the breach of duty on the part of MMMOOO, their representatives or assistants.
5.2. MMMOOO shall not be liable for indirect damages, in particular not for lost revenue, unless such harm is the result of gross negligent breach of duty on the part of MMMOOO or intentional or gross negligent breach of duty on the part of their legal representative or their assistants.
5.3. Except in the case of gross negligent breach of duty on the part of MMMOOO or intentional or gross negligent breach of duty on the part of their legal representatives or assistants the sum total of the liability shall be limited to an amount in keeping with damages typically foreseeable at the time the agreement is signed.
5.4. MMMOOO shall do its utmost to ensure the quickest possible distribution of up-to-date information and requested mobile content. Since MMMOOO itself must use the services and distribution channels of third parties, on whose permanent availability it has no influence whatever, the company does not guarantee the delay-free delivery of mobile content ordered by clients for individual download, or as a subscription, through distribution canals or lines maintained by third parties. MMMOOO shall not be liable for the temporary or continuous interruption of data transfer to clients' telephones, in as much as said interruption is not due to circumstances which are the responsibility of MMMOOO. In addition, MMMOOO shall not guarantee the permanent availability of services, e.g., in the case of the transport provider not functioning.
6. Extraordinary Termination by MMMOOO
MMMOOO is entitled to terminate this agreement - in particular the granting of permission to use the mobile content - without notice, should clients misuse said mobile content or use them in breach of essential duties or such use constitute a violation of good morals or the regulations governing administrative offences, and constitute a breach of criminal law or infringe on the absolute rights of third parties.
7. Applicable Law and Court of Jurisdiction
7.1. All legal relationships between MMMOOO and clients are subject exclusively to Chinese law.
7.2. In as much as the user is an entrepreneur, a public law representative or special assets under public law, Shanghai Jibiao shall be deemed to be the exclusive court of jurisdiction for all disputes resulting from these conditions of usage and of agreements of which they constitute a part.