Όροι και Προϋποθέσεις
Please read the following terms and conditions carefully as they set out your rights and obligations when you register for, or use any of the services by SMSMAIL.COM provided by SPOTLIGHT MEDIA PRODUCTIONS AG, Switzerland (mentioned SPOTLIGHT in the following). SPOTLIGHT/ SMSMAIL.COM provides these services exclusively on the basis of these terms and conditions of service.
1. General
By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services.
2. Obligations of the customer
a) The customer agrees to not use the SMS service to transmit contents which fulfill in particular the following conditions: 1) Suitability to be interpreted as defaming, deceptive, misleading, insulting, displeasing, pornographic, racist, glorifying violence, etc.; 2) menace or disconcertion of third.
b) The customer is obligated to use the SPOTLIGHT/ SMSMAIL.COM services properly and only in the context of the legality. It is in particular obligated: 1) not to abusively use access to SPOTLIGHT/ SMSMAIL.COM services and to omit illegal actions; 2) to accommodate recognized principles of data security, especially to keep passwords secret etc., resp. to immediately arrange modifications, if the assumption exists that unauthorized thirds attained knowledge of this kind of access information; 3) to immediately report a recognizable lack or damage (failure report) and in the context of the reasonable make measures that one all measures meet, which facilitate and accelerate removal of the disturbance and enable an statement of the lack or damage and their causes to SPOTLIGHT/ SMSMAIL.COM; to immediately report each modification in the person of the customer, the name or the designation, under whom it led in the operating documents of SPOTLIGHT/ SMSMAIL.COM. 4) SPOTLIGHT/ SMSMAIL.COM offers the possibility of defining any Originator. If this feature is made available publicly, the customer is obligated to guarantee by appropriate authentification measures (E-Mail is not sufficient) that this feature is not abused. If a customer misses this, account can be closed or the Originator is adjusted to a fixed value by SPOTLIGHT/ SMSMAIL.COM. 5) SPOTLIGHT/ SMSMAIL.COM reserves itself the right to monitor the SMS Traffic with an automatic Spam-Pattern-Engine to detect misuse. 6) SPOTLIGHT/ SMSMAIL.COM reserves itself the right to check self defined originators at random to detect misuse.
3. Sending advertising contents
a) It is forbidden to send unsolicited advertising content of any kind. Exception: Advertising, which the final customer agreed to by Opt-In.
b) SPOTLIGHT/ SMSMAIL.COM reserves itself the right to request at any time information about the Opt-In basis for an advertising feed.
c) Illegal or immoral advertising content or advertisement for products violating the law, may not be sent, even if a valid Opt-In is present.
4. Suspension of the SMS service
a) SPOTLIGHT/ SMSMAIL.COM reserves the right to lock the service if the customer uses the service abusively or for any other reason SPOTLIGHT/ SMSMAIL.COM may find fit. In this case SPOTLIGHT/ SMSMAIL.COM is not obliged to reimburse the customer for purchases made or reimburse him in any way.
b) If a customer does not log in or use our service for the duration of one year, his account may be closed. Unused credits may not be transferred to another account at a later date.
5. Responsibility of SPOTLIGHT/ SMSMAIL.COM
a) SPOTLIGHT/ SMSMAIL.COM does not assume liability for the functioning of its services, the compatibility of services and/ or applications, programs, configurations etc. This covers in particular - however not exclusive - also the expenditure of time of the customer and/or its assigned ones. SPOTLIGHT/ SMSMAIL.COM does not reimburse any values.
6. Responsibility of the customer
a) The customer is responsible for all consequences and disadvantages resulting from the use of any of SPOTLIGHT/ SMSMAIL.COM services and/or applications.
b) The customer keeps SPOTLIGHT/ SMSMAIL.COM free from any third party claims, which are demanded because of the culpable violation of the rights of third parties by the customer or because of the customers behavior contrary to the terms of the agreement or by the customer breaking the law.
7. Terms of payment
a) The payment of the SMS service takes place in advance, as far as not agreed differently.
b) Price adjustments: If SPOTLIGHT/ SMSMAIL.COM has additional costs because of price adjustments of external partners, SPOTLIGHT/ SMSMAIL.COM has the right to adjust its price structure. Such extra costs can be charged also retroactively to the customer.
c) SPOTLIGHT/ SMSMAIL.COM is entitled to collect funds for provided services through any means fit, including initiating legal action against the customer if payment is denied.
8. Privacy
a) Personal data, that is optained in the context of the use of the SMS service, is protected according to the relevant regulations of the federal privacy law. Employees of SPOTLIGHT/ SMSMAIL.COM, who handle personal data, are obligated on privacy.
b) If SPOTLIGHT/ SMSMAIL.COM uses the help of third parties to provide services, SPOTLIGHT/ SMSMAIL.COM is fully justified to transmit the inventory data if this is necessary for the assurance of the operation.
c) By agreeing to these terms and conditions, the customer gives his consent to be contacted by SPOTLIGHT/ SMSMAIL.COM by means of email, SMS, and/ or telephone to be given information about services, registration, news, special offers, and/ or events. The customer can choose to not receive promotional emails in his individual log in area.
9. Rights of use
a) All copyrights and rights of use, which are located in the property of SPOTLIGHT/ SMSMAIL.COM, remain reserved to SPOTLIGHT/ SMSMAIL.COM unless sold.
b) Copying and modifying, circulation and publication or other use of all service contents by the customer or by third parties, if it has to be represented by the customer, is forbidden, if it was not explicitly approved by SPOTLIGHT/ SMSMAIL.COM in written form.
c) The customer commits itself further to spread only such contents for which the customer has the appropriate rights of use.
d) SPOTLIGHT/ SMSMAIL.COM may refuse service to any customer for any reason.
10. Final provisions
If one or more regulations of these terms of service should be ineffective, then this does not involves the inefficacy of the entire contract. The ineffective regulation is replaced by the relevant legal regulation.
Final legal interpretation of these terms and conditions is based on the German version.
Area of jurisdiction and place of delivery is Zürich / Switzerland.