1. "You" means you are a mobile phone customer with an appropriate account whose mobile device is registered to any entity which owns and operates a mobile phone network, and which may be used to download content including but not limited to video clips, wallpapers, ringtones, images, games, pictures, sounds and applications or other content for use on a mobile device (the 'content').
2. By downloading or accessing the Content You warrant to Netcollex Ltd that You are eighteen (18) years of age and have the legal capacity to enter into these Terms and Conditions.
3. You must be on a UK Mobile Telephone Network Operator (Vodafone, Orange, T-Mobile, 02, Three and Virgin) as a contract customer or a pre-pay customer with sufficient credit to download or access Content. Where Content is delivered to Your handset, rather than being stored on a dedicated Netcollex Ltd server, You must have sufficient credit plus £1 per download to cover maximum transport costs.
4. The cost of any Content downloaded or accessed will be included in Your bill for contract customers or deducted from Your credit for pre-pay customers. Details of these costs can be found at your Mobile Telephone Network Operator Price Guide.
5. The Content may be downloaded or accessed in some foreign countries, however this is dependent on this service being supported by the foreign network. You should check with the local carrier with regards to additional charges for such downloads or access. The ability to download or access Content may be restricted or impaired when on a roaming network abroad.
6. Some content will be available via WAP. You should ensure your mobile handset is compatible. Your mobile network operator can advise you if unsure.
7. Content is non-exchangeable and non-refundable.
8. In some instances the call waiting feature on Your handset may be affected by downloading or accessing Content.
9. For reasons relating to maintenance and protection of intellectual property rights, You must not modify or forward any Content unless expressly permitted to do so by Netcollex Ltd and You will be directly liable for any claims brought against You, including claims by Netcollex Ltd or any third parties should You do so. In no circumstances may You use the Content for commercial purposes or forward Content to anyone who You have reason to believe may use it commercially. You may not copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement) or attempt to do so, or otherwise make available, the Content.
10. Where the Content is downloaded to Your handset, You are entitled to download it once and store one copy of the Content in Your phone's memory. You may make one copy of the Content for back-up purposes only. All copies of the Content remain the property of Netcollex Ltd or its licensors.
11. There are limits on the volume of Content that can be accessed any time. For further information please refer to the manufacturer of Your handset and any specific restrictions relating to the particular Content You are accessing or downloading. If You wish to access additional Content once You have reached this limit, You will need to delete some of Your existing Content.
12. Differences in handset features mean that not all handsets are compatible with all Content. You are advised to check Your particular handset's compatibility before downloading or accessing Content. No refunds will be given for Content that is non compatible with your mobile handset.
13. Your usage of the Content may be limited to a certain period of time. Galleries may only be viewed on the site for a period of 30 minutes after purchase. Videoclips may only be downloaded once. You may receive occasional customer services messages indicating that you still have access to content already purchased. These may be stopped by switching off Account Notification messages in the MyAccount page. There may also be occasions where Content which is stored for You on a dedicated Netcollex Ltd Server has to be removed for legal or rights reasons. If this is the case, Netcollex will not offer You replacement Content to the value of the Content which is removed.
14. Under no circumstances will Netcollex Ltd or any of the other parties involved in the provision of Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. Netcollex Ltd agrees to rectify any such problems in the Content which are notified to Netcollex Ltd as soon as reasonably practicable. If You do notice a fault or error in the Content, please notify the fault to Netcollex Ltd.
15. The downloading and accessibility of Content is subject to availability and may be affected by the volume of users from time to time or by Network congestion.
16. Netcollex Ltd accepts no liability for the disruption of downloading Content to Your phone due to temporary non-availability of the Mobile Network, loss, late receipt or non-readability of any download, transmission, or other communications. The Content, which is obtained from a large range of sources, is supplied to You on an "as is" basis and Netcollex Ltd does not warrant that the Content is of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or is free from error.
17. Netcollex Ltd will not be liable to You in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:-
a. You have provided incorrect information when ordering the Content;
b. Your handset is not able to receive the Content;
c. Your message mail box is full and has no additional memory to receive the Content;
d. Your handset is out of range or for some reason cannot be contacted; or
e. You accidentally erase the Content.
18. Unlawful, indecent, or otherwise inappropriate use of the Content is prohibited.
19. All trademarks and trade names are the properties of their respective owners and all rights are reserved by the respective owners.
20. Breach of these terms by You will entitle Netcollex Ltd to terminate Your use of the Content.
21. Rapid advancement in technology relating to mobile communications means Netcollex Ltd reserves the right to vary or withdraw Content at any time without notice and to amend these Terms and Conditions from time to time. Any alteration or addition to these Terms shall take effect immediately once posted on www.adultsport.co.uk or our WAP site. Any continued use or access to Content after such publication means that You will be deemed to have accepted such changes. Netcollex Ltd reserves the right to change the cost of the Content from time to time. Any alteration or addition to the cost shall take effect immediately once posted on www.adultsport.co.uk and/or on our WAP site. Any continued downloads of Content and access to Content after such publication means that You will be deemed to have accepted such changes.
22. You agree that Personal Data (as defined in the Data Protection Act 1998) supplied by You when ordering Content may be used by Netcollex Ltd to monitor the use of the service from time to time and to evaluate areas of improvement. All Personal Data collected from You will be used by Netcollex Ltd for the purposes of providing the Content and may be added to a database owned by Netcollex Ltd for use by Netcollex Ltd or its 3rd party marketing partners in marketing its services. Such promotions will be contextual and may happen some time in the future from when you initially purchased any service or product from us.
23. This Agreement shall in all respects be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
24. If any of these Terms and Conditions are determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.