GSMStuff.net AND Tequila.org Terms of Service

<h1>GSMStuff.net AND Tequila.org Terms of Service</h1>
<h2>1. INTRODUCTION</h2>
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<h3>1.1 Service description</h3>
GSMStuff.net and Tequila.org are the same site, and will herafter be called GSMSTUFF. GSMstuff.net ("GSMSTUFF") currently provides members with access to a variety of products and services through its on-line (World Wide Web) and WAP (Wireless Application Protocol) services and to allow its members to create personal profiles online in order to communicate with other members of the GSMSTUFF service (the "Service"). The Service may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, GSMSTUFF shall indicate the products and services provided by third parties as such. Even though they may be co-branded with GSMSTUFF and so include GSMSTUFF's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. GSMSTUFF SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.

<h3>1.2 Applicable terms and conditions.</h3>
The Service and any products and services which may be accessed through the Service are made available to you subject to these Terms of Service ("TOS"). The TOS are in addition to any GSMSTUFF or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TOS and such Specific Terms the latter shall prevail.

<h2>2. ACCESS TO THE SERVICE</h2>

<h3>2.1 Equipment and Software.</h3>
In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which GSMSTUFF makes the Services available and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with GSMSTUFF's operations. Any equipment or software causing interference shall be immediately disconnected from the Service.

<h3>2.2 Registration and Registration Data.</h3>
Upon your request, GSMSTUFF may register you as a user and provide you with access to the Service by allocating you a personal username and password. GSMSTUFF may need to change usernames allocated to certain of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You alone are responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If GSMSTUFF has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, GSMSTUFF has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of them). Prior to any such withdrawal GSMSTUFF shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent. Please note your obligations under clause 8.3 (Responsibility for Using the Service).

<H3>2.3 Access without registration.</h3>
GSMSTUFF may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that GSMSTUFF deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MSISDN number provided by your network operator. You agree that such information may be collected and disclosed to GSMSTUFF and used in accordance with section 4.1.

<h3>2.3.1 Member disputes.</h3>
You are solely responsible for your interactions with other GSMSTUFF members. GSMSTUFF reserves the right, but has no obligation, to monitor disputes between you and other members. 

<h2>3. PROCESSING OF YOUR INFORMATION</h2>

<h3>3.1 Privacy.</h3>
GSMSTUFF is committed to the privacy of its customers. You acknowledge that GSMSTUFF collects and processes Registration Data and information on your use of the Service including the personally identifiable information contained therein for the purposes detailed in its Privacy Policy.


<h2>4. SERVICE OBLIGATION </h2>

<h3>4.1 Reasonable efforts to maintain the Service.</h3>
GSMSTUFF shall use reasonable efforts to keep the Service (or individual services supplied by GSMSTUFF or third parties) available in accordance with the information that you have received about it at the date of this Agreement. GSMSTUFF may suspend the Service for repair, maintenance, and/or upgrade work. In such a case, GSMSTUFF shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible. 

<h3>4.2 Right to modify services. </h3>
GSMSTUFF shall have the right to provide the Service as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these TOS were entered into. GSMSTUFF reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by GSMSTUFF it will notify you of this fact. 

<h3>4.3 Service Upgrades. </h3>
If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. GSMSTUFF shall inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augments or enhance the current Services, including the release of new services, shall be subject to the TOS. 

<h3>4.4 General practices. </h3>
You acknowledge that GSMSTUFF may establish general practices and limits concerning use of the Service (such as maximum number of days that uploaded content will be retained by the Services and the maximum disk space that will be allotted on GSMSTUFF's servers on your behalf). You acknowledge that GSMSTUFF reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GSMSTUFF reserves the right to change these general practices and limits at any time, at its sole discretion, without notice. 

<h2>5. GSMSTUFF'S WARRANTIES </h2>

<h3>5.1 No warranties other than the TOS. </h3>
The service (and any services available through GSMSTUFF) are offered to you on an "as is", "with all faults" and "as available" basis without warranties of any kind save as provided in these Terms of Service and as required by the law applicable to these Terms of Service. Your use of the services and/or any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted through or made available using the service ("content") is at your own risk and the use by you of the services must comply with instructions given by GSMSTUFF from time to time. 

<h3>5.2 Content.</h3>
You understand that the content is the sole responsibility of the person from whom such content originated. Unless explicitly stated to the contrary, GSMSTUFF do not control the content posted via or made available using the service and does not warrant the accuracy, availability, integrity, or quality of such content. GSMSTUFF will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, otherwise transmitted via or made available using the service. 

<h3>5.3 Services. </h3>
GSMSTUFF make no warranty that (i) the results that may be obtained from the use of the service (or any services available through GSMSTUFF) will be accurate or reliable, (ii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations based on the information available to you in connection with the service at the date of accepting these Terms of Service, and (iii) any errors in the software will be corrected; 

<h3>5.4 Downloading of content. </h3>
Any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material. 

<h3>5.5 Security measures. </h3>
GSMSTUFF shall use reasonable efforts to secure any information that you transmit or store through the service in order to prevent unauthorised access by third parties. You acknowledge, however, that GSMSTUFF are unable to exercise full control over the security of information passing over the network utilised by the services or via the service, and GSMSTUFF hereby exclude all liability of any kind for unauthorised access to information passing over the network or via the service. 

<h3>5.6 General warranties. </h3>
(A) The services are internet, and WAP driven and GSMSTUFF is not able to control efficiency of all networks in their entirety over which the services (and individual GSMSTUFF or third party services) are supplied. Therefore, GSMSTUFF assume no responsibility for any disruption to the services/individual GSMSTUFF services provided that we will use all reasonable efforts to rectify any such disruption as soon as reasonably practicable. Further, GSMSTUFF make no representation or warranty and assume no responsibility for the delays in provision of the services/individual GSMSTUFF Services, distortion, mis-delivery or failure to store any content, communications or personalised settings or the equipment used by you in relation to the services or individual GSMSTUFF services;(B) when using the internet services you may find from time to time sites and addresses which you wish to visit have been disconnected or cannot be found. GSMSTUFF are not responsible for maintaining any site or address other than our own and cannot guarantee the continued availability of any other person's site or address. GSMSTUFF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or any part thereof not within our reasonable control;(C) no non-fraudulent advice or information, whether oral or written, obtained by you from GSMSTUFF or through or from the service shall create any warranty not expressly stated in the Terms of Service save any terms expressed to be able to be varied in these Terms of Service. 


<h2>6. LIMITATION OF LIABILITY </h2>

6.1 Nothing in this agreement limits or excludes either GSMSTUFF's or your liability for personal injury or death caused by our or our employees or your negligence, or any other liability which cannot be limited or excluded by applicable law. 
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6.2 GSMSTUFF shall not in any circumstances be liable under these TOS for any indirect, incidental, special, consequential or exemplary damages for losses including (without limit) for loss of business contracts, savings, anticipated savings, profits or goodwill, loss of data however these may arise or for any other unusual losses. 
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6.3 Subject to clause 7.2, GSMSTUFF'S maximum liability under these TOS for losses directly resulting from a breach of these TOS or its negligence shall be limited in respect of any one event or a series of two or more connected events to $1. You shall not use the service in any case where damage or injury to person, property or business may occur if any error occurs. You expressly assume all risk for such use. 

<h3>6.4 Exclusions and Limitations. </h3>
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that GSMSTUFF may not, as a matter of applicable law, disclaim any liability or implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. 


<h2>7. USE OF THE SERVICE AND CONTENT </h2>

<h3>7.1 The nature of content. </h3>
Neither the Services, nor any of the information transmitted through or made available using the Service, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, GSMSTUFF does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you. 

<h3>7.2 Responsibility for Content provided by you. </h3>
You shall be responsible for any Content delivered through your account. In particular, you are responsible for that any Content sent by you or through your account does not cause interference to the network, infringe copyrights or other rights, or violate good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by the authorities. 

<h3>7.3 Responsibility for the use of the Service. </h3>
You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to (a) immediately notify GSMSTUFF in case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GSMSTUFF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.3. 

<h3>7.4 Prohibited activities. </h3>
You are responsible for all the mobile digital content you upload, share or copy using the service at GSMSTUFF. You must have the legal right to copy and display each of the items that you upload. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the service at GSMSTUFF. 
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You agree not to use the Service or services available via the Services to: 
a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
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b) harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; 
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c) impersonate any person or entity, including, but not limited to, a GSMSTUFF official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
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d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); 
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e) upload, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; 
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f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or 
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g) "stalk" or otherwise harass another member. 
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h) solicit personal information from anyone under 18
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i) provide any telephone numbers, street addresses, last names, URL's or email addresses
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j) solicit passwords or personal identifying information for commercial or unlawful purposes from other users and members of GSMSTUFF
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k) include a photograph of another person that you have posted without that person's consent
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You agree not to: <br>
a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 
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b) intentionally or unintentionally violate any applicable local, state, national or international law;
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c) Forge header or otherwise manipulate identifiers in order to disguise the origin of any digital media transmitted through the GSMSTUFF service. 
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d) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 

<h3>7.5 GSMSTUFF's right to refuse Content. </h3>
You acknowledge that GSMSTUFF does not monitor Content, but that GSMSTUFF may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Service. Without limiting the effect of this clause, GSMSTUFF shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

<h3>7.6 GSMSTUFF's right to disclose information. </h3>
You acknowledge and agree that GSMSTUFF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GSMSTUFF, its users and the public. 

<h3>7.7 Use of content. </h3>
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Content you post into public areas of the Service, including but not limited to chat groups, message boards and other areas accessible to large or unlimited number of users of the Service or other persons, is or may be accessible to other users of the Service or other persons. Accordingly you grant other users of the Service, GSMSTUFF or other persons having access to such Content a royalty-free, irrevocable and worldwide license to use and reproduce, modify, and translate such Content in association with the Service. 

<h3>7.8 Intellectual Property in the Services. </h3>
You acknowledge and agree that the Service, any software used in connection with the Service ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belongs to GSMSTUFF or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by GSMSTUFF, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by GSMSTUFF for use in accessing the Service. GSMSTUFF hereby grants you a license to make a single copy of the Content on the equipment you use to access the Service and to use and display such copy of the content on such equipment for private non-commercial purposes. 
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7.9 Without GSMSTUFF's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service. 

<h3>7.10 Reporting violations of copyright </h3>
If you believe the copyright of an original work has been violated in this service, please contact GSMSTUFF at webmaster [at] gsmstuff [dot] net. Provide us with the following information: (a) Identify the material on the service that you believe infringes on the (violated) work, with sufficient detail so that we can locate it within the service. 
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(b) Provide us with you address, telephone number and email address 
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(c) Provide a statement that you believe that the disputed use is not authorised by the copyright owner
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(d) Provide a statement that: " The information you have provided is accurate " That you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner Upon receipt of your complaint, GSMSTUFF may remove the material that you believe infringes the copyright. GSMSTUFF may terminate the account of any customer who appears to infringe intellectual property rights. 

<h3>7.11 Storage Policy </h3>
GSMSTUFF provides free online storage of mobile digital content to its customers for an initial period of 12 months from the date upon which the customer has added an image to their GSMSTUFF account. To maintain free storage, the customer will need to be active within the account at least once a month. If after a period of 3 months no activity has been recorded on the account. GSMSTUFF may temporarily terminate access to the account. In addition if the account becomes inactive for a period of 6 months, GSMSTUFF may at its discretion, terminate access to the account completely (including deletion of any account information held by GSMSTUFF).


<h2>8. PAYMENTS </h2>

<h3>8.1 Data connection costs. </h3>
Costs for connection to the WAP gateway to download the products to your mobile phone are charged by your mobile operator at their standard rates for GPRS data. Please contact your specific mobile operator for more details on these charges. 

<h3>8.2 Potential fraud. </h3>
If GSMSTUFF at their sole discretion have any reason to believe that the service is being used in a fraudulent manner, GSMSTUFF shall reserve the right to suspend access to the service until GSMSTUFF are satisfied the use of the service is in accordance with the terms of service. 


<h2>10. TERMINATION </h2>

<h3>10.1 Termination of the Service. </h3>
(a) You agree that GSMSTUFF, at its sole discretion, may terminate your use of the Service or individual services provided via the Services, and remove and discard any Content within such services, if you remain in breach of this agreement for more than 7 days from notice of such fact. 
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(b) Both GSMSTUFF and you may terminate this contract by submitting a notice in accordance with clause. The termination shall be effective at the end of the calendar month following the month when you gave your notice of termination. 

<h3>10.2 Suspension of the Services. </h3>
GSMSTUFF may suspend all or any of the Services (or individual services provided via the Services), for lack of use, or if GSMSTUFF believes that you have violated or acted inconsistently with TOS. 

<h3>10.3 Deletion of account information on termination. </h3>
You agree that on any termination of your access to the Service under any provision of this TOS GSMSTUFF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GSMSTUFF shall not be liable to you or any third party for any termination of your access to the Service. 


<h2>11. OTHER TERMS AND CONDITIONS </h2>

<h3>11.1 Notices </h3>
You shall send any notices related to this contract to the following addresses: <br>
GSMSTUFF.NET <br>
Kirkeveien 69<br>
N-0364 OSLO<br>
NORWAY 
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GSMSTUFF shall serve notices related to this contract by posting them on the GSMSTUFF Web site or by sending them to the address or e-mail address you have given to GSMSTUFF pursuant to section 3.2

<h3>11.2 Changes to TOS </h3>
GSMSTUFF reserves the right to change these terms and conditions from time to time. Changes shall be notified to you by posting on the GSMSTUFF Web site or by sending you a notice pursuant to section 11.1 thereof. Changes in this manner shall be deemed to have been accepted if you continue to use the Service after a period of two weeks from the date of posting on the GSMSTUFF website or from the notice. 

<h3>11.3 Reasonable Control </h3>
GSMSTUFF will not responsible for non-compliance with the terms of these TOS where such non-compliance results from matters beyond GSMSTUFF's reasonable control. 


<h2>12. GENERAL INFORMATION </h2>
The TOS and the relationship between you and GSMSTUFF shall be governed by the laws of Norway without regard to its conflict of law provisions. The failure of GSMSTUFF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of the TOS remain in full force and effect.