Terms and Conditions

Terms and Conditions

1. This Mobile Service (“Service”) is provided by Image Semantics Ltd. (“ISL”), a limited company incorporated in England and Wales and whose registered office is at St Johns Innovation Centre, Cowley Road, Cambridge, CB4 0WS. For the purpose of these Terms and Conditions, “you” or “your” refers to you, the user of the Service.

2. By submitting a request to use the Service (“Service Request”), or viewing a result from the Service, whether originally requested by yourself or someone else, (“Service Result”), you acknowledge that you accept these Terms and Conditions.

3. If you have any enquiries or problems regarding any ISL Services, please contact ISL customer support by email on:
customercare @ fototxt . com

4. If you are not the bill payer, you must get permission from the bill payer before using the Service.

5. You must be 16 or over to use the Service, except for certain Services that are clearly marked for 18 or over only, in which case you must be 18 or over to use the Service.

6. The Service allows you to send or receive multimedia content (“Content”) that, depending on the Service, may include one or more images, sounds, voice, text or video. Depending on the Service, you may be able to send the Content to another party, or return it to your own phone.

7. You are solely liable for the Content you select or create and are solely responsible for any consequences that may result from your use of the Service. ISL will not be liable for consequences resulting from the Content you choose to send, or for any loss or damage incurred by your use of the Service.

8. If you are the recipient of Content sent by another party, you acknowledge that the sender is solely responsible for the choice of Content selected or created and that ISL, the provider of the Service, is not responsible for the choice of Content sent to you, and ISL is not liable for any consequences resulting from it being viewed or otherwise used by you or any third parties.

9. You agree, represent and confirm that you will not use the Service :

a. fraudulently or in connection with any criminal offence;

b. to send or receive any material which is obscene, menacing, defamatory, abusive, offensive or in breach of any person's rights (including without limitation, rights to privacy) or otherwise unlawful;

c. to harass, stalk, inconvenience or cause needless annoyance or anxiety to any person;

d. for commercial purposes or to send unsolicited promotional material or spam; and

e. in breach of any third party's intellectual property rights

10. All Content is copyrighted work of authorship. Ownership of the Content, including any modifications made as a consequence of your use of the Service, is retained by ISL and/or any original copyright holder. You are granted permission to display such Content on any computer system display screen or mobile phone LCD display screen on which the result was received as a direct result of using the Service, for no other use, and for personal use only. You acknowledge that ISL is not endorsing or associating with any particular person or event that may be featured within the Service.

11. Notwithstanding the above, in the event that you are able to establish any claim of ownership on the Content, or any part of the Content, by using the Service you grant to ISL a royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, distribute and/or publish any Content as ISL requires, including any Content or part of Content you created or generated yourself and submitted to the Service.

12. You will be informed of the cost of the Service you have requested before you confirm your purchase. In addition you may be charged the standard operator rate for any messages you send or data you send or receive as part of your request. These costs will be charged to your mobile phone bill if you are a contract customer, or will be deducted from your calling credit if you are a pre-pay customer. Unless you were also the sender, you will not be charged for viewing Content sent to your phone, other than the standard charge imposed by your network operator for using mobile data services.

13. Some Services enable you to receive Content automatically on a regular basis (“Subscription Services”). You may register for a Subscription Service by sending an SMS, or via a WAP site or web site, or by phone. (Not all methods are available for all Subscription Services). When you register for a Subscription Service you are acknowledging that you will be billed for the Service automatically on a regular basis until you request the Service to be stopped, or for the duration of an event, or events, as advertised. Charging for a Subscription Service may be on the basis of a fixed charge for each message or piece of Content you receive, or by pre-paying for Content to be received in the future.

14. You may unsubscribe from a Subscription Service at any time by following instructions advised to you when you first register for the Service. If you unsubscribe, you will receive a confirmation and, with immediate effect, will receive no further Content for the Service and will not be billed any further. If you do not receive a confirmation you are not unsubscribed. If you have pre-paid Content and have not received all said Content when you unsubscribe, you will not receive the outstanding Content and no refund can be made under any circumstances.

15. ISL will not be liable to you in any way for failures, defects or delays in the delivery of the Service which are caused by one or more of the following reasons: (a) You have provided an incorrect phone number or other incorrect information before ordering a Service; (b) Your phone does not support the Service; (c) Your message mail box is full and has no additional memory to receive the download; (d) Your phone is out of range or for some other reason can not be contacted ; (e) You accidentally erase a Service provided to you.

16. If you submit a Service Request incorrectly (for example by specifying a non-existent Content identifier or non-existent recipient phone number), you may be sent an error message, for which you will not normally be charged. However, the cost of any text messages or mobile data transactions used to specify the Service will be charged at normal operator rates and will not be refunded under any circumstances.

17. You acknowledge that the quality of the Service Result may depend on the phone on which it is received. ISL will make all reasonable endeavours to ensure a high quality result within the limitations of the receiving phone, but does not guarantee that the result will be satisfactory in all cases. If you request a Service that results in Content that is not legible, or cannot be displayed or otherwise presented satisfactorily on the receiving phone, this will nevertheless constitute a successful use of the Service and you will be charged for the request.

18. You recognise that the Service may, from time to time, be adversely affected by events outside ISL's control. ISL will make all reasonable endeavours to ensure the uninterrupted and timely supply of the service and will take all reasonable steps to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the service.

19. ISL will not be liable to you in any way for failures or delays in the delivery or provision of the Service which is caused by any restrictions imposed by your service provider on your use of premium rate services.

20. ISL will not be liable to you in any way for failures or delays in the delivery or provision of the Service which is caused by any incompatibility with your, or the recipient’s, handset, network, or tariff, including but not limited to:

a. A handset which is not capable of receiving the Service Result;

b. A handset which is not set up correctly to receive the Service Result;

c. A network which is not capable of receiving the Service Result;

d. A tariff which does not allow receipt of the Service Result.

21. ISL does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem in any telephone network or line, system, server, provider or otherwise which may result in any message being lost or not properly recorded, or any inability to access data services. ISL is also not responsible for traffic congestion or other capacity issues which may result in a message not being able to get through or a message not being recorded, or any inability to access data services. To the fullest extent permitted by law, ISL hereby excludes all warranties, representations, covenants and liability (whether express or implied) regarding the Service.

22. By using the Service you acknowledge that you will be bound by these Terms and Conditions, which will continue to apply every time you use the Service. From time to time ISL may be required to amend these Terms and Conditions and reserves such right. By continuing to use the Service you will be deemed to have accepted the varied Terms and Conditions, which will be posted on the website or WAP site from which the Service is offered. ISL reserves the right to cancel, modify or supersede the Service if, in ISL's sole discretion, the Service is not capable of being conducted as specified in these Terms and Conditions.

23. In the event of any dispute regarding any part of the Service, the decision of ISL shall be binding and no correspondence or discussion shall be entered into.

24. You agree that your personal data supplied when making use of the Service, whether as sender or recipient, may be used by ISL to monitor the use of the Service and from time to time to evaluate if ISL can improve the Service for customers. You agree that this personal data may be used to contact you to request feedback on ISL Services, or to notify you of new Services. If you do not wish to be contacted you can notify ISL by sending email to the customer care email address included in these Terms and Conditions.

25. You agree that your phone number or other identifying information may be passed to the Service recipient for any Service that involves sending Content to another party.

26. ISL reserves the right to disclose information about you to applicable regulatory or government bodies where any of your actions have breached these terms of use or where ISL is required by law to disclose this information.

27. If ISL believes that there has been a breach of these Terms and Conditions ISL reserves the right to immediately and without notice withdraw or bar any or all of the Service.

28. You will indemnify ISL against any loss, damage or expenses it may suffer as a result of your breach of any of these Terms and Conditions.

29. These terms and conditions will not affect your statutory rights. In no event will ISL be liable for indirect, incidental or consequential damages including without limitation, loss of income, data or other information even if ISL has been advised of the possibility of such damages. In no event shall ISL’s liability exceed the price paid for the Service.

30. You acknowledge that ISL has not made, and you are not relying upon, any statements, representations, promises, or undertakings, whatsoever that are not contained in these Terms and Conditions.

31. Any failure or delay to exercise or enforce any right or obligation under these Terms and Conditions shall not operate as a waiver of that right or obligation or preclude the exercise or enforcement at any time or times thereafter.

32. If any provision of these Terms and Conditions shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions which will remain in full force and effect.

33. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.