GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

PLEASE READ THESE GENERAL TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF OUR SERVICES.

OUR SERVICES SHALL BE USED ONLY BY LEGAL RESIDENTS OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC). PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF REGISTRATION. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. BY USING THE SERVICES AND/OR THE WEBSITE, ENTRANT AGREES TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS.

The following general terms and conditions (the “General Terms and Conditions”) are applicable your use of the short message service (“SMS”) (hereinafter referred to as the “Services”) provided by 2waytraffic Mobile USA, Inc. (or enterprises affiliated to it) (the “Provider”), and/or your use of the Provider’s website at http://www.smsgameon.com/canada.html (the “Site”) and any products, services or materials accessed through the Services and/or the Site. The Provider is permitted to amend these General Terms and Conditions in its sole discretion at any time. In addition to the General Terms and Conditions, any applicable Contest Rules, promotional conditions, guidelines and provisions pertaining to the Services and the Site, as well as the Privacy Policy, apply to you and Provider upon use of the Services and the Site. All such Contest Rules, promotional conditions, guidelines and provisions will be considered to form an inextricable part of these General Terms and Conditions. By availing yourself of the Services and/or the Site you agree to these General Terms and Conditions and the Contest Rules, promotional conditions, guidelines and provisions applicable to them.

1. DESCRIPTION OF THE PROVIDER

By means of the Services and/or the Site, the Provider supplies its users access to a network of on-line sources, including on-line games and on-line information material. The General Terms and Conditions are at all times applicable to all new facilities that constitute any expansion, extension or improvement of the present Services and/or the Site, including any extension to new functions added by the Provider.

2. AVAILABILITY OF THE SERVICES AND THE SITE

The Services and the Site are supplied "as is" (at the stage of development it happens to be in) and the Provider accepts no liability nor does it issue any guarantees in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered. In order to make use of the Services and Site, you are required to have access to the Internet and/or a means of mobile communication. You are required to pay all expenses incurred in creating such access to your mobile carrier or Internet Service Provider (“ISP”). You are also responsible for seeing to the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary.

3. PAYMENT FOR SERVICES

You have access to the Site and some Services free of charge. However, most of the Services involve subscriptions, for which payments of $1.25 per game (amount subject to change) plus standard carrier messaging fees will be paid to the Provider via your mobile communications carrier or ISP. You are responsible for paying the invoices issued by your mobile communications carrier and/or ISP and shall pay all applicable national and local or other taxes, including taxes on games or any levies imposed in lieu thereof.

4. ADDITIONAL REGISTRATION OBLIGATIONS

In order to warrant safe and secure use of the Services and the Site, you guarantee the following, in addition to paying the applicable charges: (a) your personal information including your name, mailing address, cellular telephone number and e-mail address (“Personal Information”) provided during registration and subscribing is correct and complete; and (b) you see to it that the Personal Information is at all times correct, up to date and complete. If the Provider has a reasonable suspicion that the Personal Information does not reflect a true state of affairs, or is not accurate or complete, then the Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it. You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by the Provider, and you are fully liable for all actions carried out involving the use of your password or account. You undertake at the end of each session to close your account (by closing your browser) and to contact the Provider if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection is no longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage arising from your failure to observe the stipulations of this section.

5. PROCESSING OF REGISTRATION INFORMATION AND PRIVACY

The Provider attaches great importance to the privacy of its users, as reflected in the Privacy Policy located on the Site at http://www.smsgameon.com/canadaprivacypolicy.html. By using the Services and/or the Site, you: (i) grant to Provider the right to use your Personal Information for the purpose of administering the Services and/or the Site; (ii) grant to Provider the right to use your Personal Information for publicity and promotional purposes for which you have consented, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledge that Provider may disclose your Personal Information to mobile communications carriers, ISPs, agents and service providers of Provider in connection with any of the activities listed in (i) and (ii) above.

Provider will use Personal Information only for identified purposes, and in a manner that is consistent with the Provider’s Privacy Policy which can be found at: http://www.smsgameon.com/canadaprivacypolicy.html

6. INDEMNIFICATION

You undertake to indemnify the Provider and its parents, subsidiaries, related companies, affiliates, enterprises, functionaries, contractors, agents, representatives, directors, officers, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Services and/or the Site as a result of your connection with the Services and/or the Site, your use of the Services and/or the Site, or any violation committed by you of the General Terms and Conditions or rights of others.

7. PROHIBITION ON RESALE OF THE SERVICES AND SITE

You undertake not to reproduce, copy, sell, make available to any third party, resell or use the Services and/or the Site, or any part of them, or access to the Services and/or the Site for commercial purposes.

8. GENERAL RULES REGARDING USE, AND SAVING OF INFORMATION

Regarding the use of the Services and/or the Site you agree to the General Terms and Conditions, Contest Rules, promotional conditions, guidelines, provisions and restrictions established by the Provider. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend any such General Terms and Conditions, Contest Rules, promotional conditions, guidelines, provisions and restrictions. The Provider is entitled to annul accounts that have remained inactive for a period of time to be determined in the Provider’s sole discretion. You agree that the Provider bears no responsibility or liability in the event that information sent or provided by means of the Services and/or the Site is not saved or is deleted in error.

9. ALTERATIONS TO THE SERVICES AND/OR THE SITE

The Provider may at any time alter or terminate the Services and/or the Site, or any part of them, either temporarily or permanently, in its sole discretion. You agree that the Provider is not liable in respect either of any third party or you as a user in the event that the Services and/or the Site are altered, terminated or suspended.

10. TERMINATION

At its sole discretion and regardless of the reasons for doing so, the Provider may terminate your use of the Services and/or the Site and destroy and remove any of your Personal Information if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained by it without delay, and/or deny you all further access to the Services and/or the Site. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Services and/or the Site without issuing prior notice.

11. TRANSACTIONS WITH THIRD PARTIES

Any dealings performed between you and any third party, including sponsors, advertisers, mobile communications carriers or ISPs, or any participation in promotions offered by such third party that have been located on the Services or the Site, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and such third party. You agree that the Provider is not liable or responsible for any loss or damage of any nature whatever that may be the result of such transactions or the presence of any third party on the Services and/or the Site.

12. OWNERSHIP RIGHTS OF THE PROVIDER

You are aware and agree that the Services and/or the Site, and all software used in connection with the Services and or the Site (the “Software”) contains valuable intellectual property and may contain confidential information. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, copyright works, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Provider and/or its affiliates or licensors. All rights are reserved to such owners. You agree that copyright, trade-marks, service marks, patents or other ownership rights and laws are applicable to information and other content published in any third party’s advertisements and/or materials offered to you via the Services and/or the Site. Unauthorized copying or use of any copyrighted material, trade-marks or other intellectual property without the express written consent of its owner is strictly prohibited.

The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission to use the working code of its Software, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find a source code (or permit third parties to do so) (except if and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect), and provided that you do not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software. You undertake not to alter the Software in any way whatever or to use any altered versions of the Software for the purpose of gaining unauthorized access to the Services or the Site or for any other reason. In gaining access to the Services and/or the Site, you undertake only to make use of the interface supplied for that purpose by the Provider. The Provider hereby grants you permission to make just one copy only of the information on the equipment you use for gaining access to the Services and/or the Site, and to use and display the copy of the information made on that equipment only for private purposes.

13. DISCLAIMER.

YOU EXPRESSLY AGREE THAT:
a) THE PROVIDER REJECTS IMPLICIT OR EXPLICIT GUARANTEES OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT GUARANTEE THAT: (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICES AND/OR THE SITE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICES AND/OR THE SITE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICES AND THE SITE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THAT MATERIAL;
d) NO GUARANTEE THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICES AND/OR THE SITE.

14. LIMITATION OF LIABILITY.

YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES OR FOR ANY COURT-IMPOSED PENALTY WHEREBY PAYMENT OF DAMAGES IS REQUIRED, ARISING FROM: (1) THE USE OF THE SERVICES AND/OR THE SITE OR THE INABILITY TO USE THE SERVICES AND/OR THE SITE; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICES AND/OR THE SITE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES USING THE SERVICES AND/OR THE SITE; OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICES AND THE SITE.

15. GENERAL INFORMATION.

These General Terms and Conditions, as amended from time to time, take the place of all previous agreements between you and the Provider. Your use of any additional services, material or software from your mobile communications carrier and/or ISP, or any other third parties, shall be subject to additional terms and conditions. These General Terms and Conditions shall be interpreted in accordance with the laws of Ontario and federal law applicable therein. All disputes, hearings and proceedings shall be heard by an arbitrator or court located in Toronto, Ontario, Canada, or otherwise as determined by the Provider, in its sole discretion. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the arbitrator or court must attempt to satisfy the wishes of the parties reflected by that stipulation, while all other stipulations of the General Terms and Conditions remain unimpaired.