Terms and Conditions

Please read the following terms and conditions carefully as they define your rights and obligations when you register for, or use any of the services by SMSMAIL.COM as provided by SPOTLIGHT MEDIA PRODUCTIONS AG, Hohlstrasse 216, 8004 Zürich, Switzerland 41445202771(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 meet the following conditions: 1) Anything that could be considered defamatory, deceptive, misleading, insulting, displeasing, pornographic, racist, glorifying violence, etc.; 2) menacing or threatening a third party.

b) The customer is obliged to use the SPOTLIGHT/ SMSMAIL.COM services properly and in a legal manner. The customer is particularly obligated: 1) not to use SPOTLIGHT/ SMSMAIL.COM services abusively and not to do anything illegal; 2) to abide by recognized principles of data security, especially to keep passwords secret etc., to respond immediately with modifications, if there is any suspicionthat unauthorized third parties have gained knowledge of any kind of access information; 3) to immediately report any service failures(failure report) and make any reasonable measures, which facilitate seeing to the problem, and report thereof to SPOTLIGHT/ SMSMAIL.COM; to immediately report any changes in personal details, such as a change in address, name or any other relevant detail, from the way they were registered 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 supplying any appropriate authentification measures (E-Mail is not sufficient), so that this feature is not abused. If a customer fails to do this, his account can be closed or 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 end-user 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 suspend the service if the customer abuses the service, 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 to 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 exclusivly - the time expended by the customer and/or his/her assigned agents. SPOTLIGHT/ SMSMAIL.COM does not reimburse any sums.

6. Responsibility of the customer

a) The customer is responsible for any consequences or problems caused by the use of any SPOTLIGHT/ SMSMAIL.COM services and/or applications.

b) The customer indemnifies SPOTLIGHT/ SMSMAIL.COM from any third party claims, which may be a result of any culpable violation of third-party rights by the customer, or because of the customer's behavior that violates the terms of this agreement, or by the customer's breaking the law.

7. Terms of payment

a) Payment for SMS services is made in advance, unless agreed otherwise.

b) Price adjustments: If SPOTLIGHT/ SMSMAIL.COM incurs additional costs because third parties, SPOTLIGHT/ SMSMAIL.COM has the right to adjust its price structure. These extra costs can also be charged retroactively to the customer.

c) SPOTLIGHT/ SMSMAIL.COM is entitled to collect funds for services provided through any means it deems fit, including legal action against the customer, should payment be denied.

d) Return Policy: If the customer is not satisfied for any reason with the service. SPOTLIGHT/ SMSMAIL.COM will refund his payment in the amount of the remaining credits on the user account. SPOTLIGHT/ SMSMAIL.COM will not refund any payments for used credits, even if no SMS could be sent with the credits.
SPOTLIGHT/ SMSMAIL.COM will refund the customer per credit at the same price the customer purchased the credits, minus all bank and transaction fees of the initial payment as well as the refund.

8. Privacy

a) Personal data, obtained through 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 bound to privacy.

b) If SPOTLIGHT/ SMSMAIL.COM uses the help of third parties to provide services, SPOTLIGHT/ SMSMAIL.COM is fully justified in transmitting the inventory data, should this be necessary for the success of the operation.

c) By agreeing to these terms and conditions, the customer gives his consent to be contacted by SPOTLIGHT/ SMSMAIL.COM via email, SMS, and/or telephone, to be given information about services, registration, news, special offers, and/or events. The customer can choose not to receive promotional emails in his personal log in area.

9. Rights of use

a) All copyrights and rights of use, are 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 any service contents, be it by the customer or by any third party, if it on the customer's behalf, is forbidden, unless it was explicitly approved by SPOTLIGHT/ SMSMAIL.COM in writing.

c) The customer commits itself further to only distribute such contents for which he/she has the appropriate rights to 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 affect the rest of the 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.