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Terms and Conditions

Terms & Conditions for the use of the web site MMS-Club.Com:

Terms And Conditions For MMS-Club.Com

The parties appearing are:

The first party, MMS-Club.Com, is represented by Internexium ApS, Copenhagen, Denmark, as sole Administrator of the Company, and the second party, the USER. The particulars for the second party will be the details provided by the USER on the form used for identification purposes by MMS-Club.Com.

DEFINITIONS

- "MMS": The bundles of content (text, audio and graphic), which can be sent to a mobile cell unit from MMS-Club.Com
– User Name and Password: Identifying elements determined and selected by the USER during the MMS-Club.Com registration process and which be used to identify him on any further access to the services offered by MMS-Club.Com. 
- Acceptance, perfectioning and completion of the Agreement: By accepting the Agreement, the USER consents to and submits himself to the consequences of the Agreement. An agreement is perfected upon fulfillment of all the essential conditions required for its validity (consent, purpose and consideration), and it is completed when all its conditions precedent have been complied with.

STIPULATIONS

FIRST CLAUSE. Object

1.1 Pursuant to this contract, MMS-Club.Com is hereby bound to communicate the content included in their database at the URL http://www.mms-club.com, so that the USER may download such content in the digital format selected from among the options offered for this purpose by MMS-Club.Com.

In accordance with the provisions of this Agreement, this public communication, known as MMS-Club.Com Credits Account, is agreed in terms of the amount of money which being deposited into the account, and converted to MMS-Club.Com Credits. Both parties expressly acknowledge that a set price is established.

1.2 The USER hereby contracts the service personally and individually, expressly to be an intuitu personae agreement.

The service which is the subject hereof terminates at the user’s computer level. MMS-Club.Com does not take any responsibility for any further uses thereof which are not provided for herein. The user shall be the only responsible for any hardware, systems and software used to access to, browse or use the Internet, to access to the website where the contracted service is rendered, and to view and download any MMS, Games or other materials which might be accessible through the Service. No actions by the user on the contents which are the subject of the MMS-Club.Com service are included in this Agreement. In no event shall Internexium ApS be responsible for the use by the user of the contents accessible to him through the contracted service, and no other use of any such contents by the user is authorized by Internexium ApS except for their browsing in the user’s personal computer.

The USER hereby consents to this contract and expressly accepts each and every obligation contained herein. By express agreement of both parties, the USER shall confirm and give the afore-mentioned acceptance by clicking on the “Accept” box in the appropriate page of MMS-Club.Com’s URL.

1.3 To be able to access and transmit the content described in the preceding clauses, the USER must have completed the form provided by MMS-Club.Com on URL www.MMS-Club.Com/Register.asp. This registration is used solely for access to MMS-Club.Com’s general services and is a requirement giving entitlement to enter into this contract.

It is expressly agreed hereby by both parties that, given the extremely personal nature of this contractual agreement, such pre-registration with MMS-Club.Com shall be an essential requirement for the proper identification of the USER during his/her connections to the said service pursuant to this subscription contract.

Furthermore, both parties expressly agree that, in order to be able to access the MMS-Club.Com service, the USER shall be obliged to settle pre-payment of the said subscription, according to the rates set down in this contract and as monetary consideration for the same.

1.4 Any USERS already registered with MMS-Club.Com with respect to any of the services offered by MMS-Club.Com will be able to access to the MMS-Club.Com service, without any further registrations by using as their ID and key their existing ID and key for access to MMS-Club.Com services, without the need to go through an additional registration process.

SECOND CLAUSE- USER’S Obligations

2.1 The USER is hereby bound to make proper use of the service, in accordance with the particular conditions governing MMS-Club.Com services and with the stipulations duly set down in this contract or in Law, and is also expected to act in good faith.

2.2 The USER also agrees to use the services, object of this contract, for his/her own personal and individual use that shall not be transferable.

2.3 Any infringement of the regulating conditions applicable either to the MMS-Club.Com service, or duly set down in the terms of this contract, or any violation of the obligation to make personal and non-transferable use of the service, or any manner of usage that may not be acceptable as an act of good faith, that is deemed as such infringement or violation by MMS-Club.Com, shall suffice for MMS-Club.Com to interrupt the provision of service to that particular USER.

THIRD CLAUSE- Acceptance, Formalisation and Completion of the contract.

3.1 This contract shall be deemed as formalised as of the consent granted thereto by the USER. The USER shall express such consent as stated in the first Clause, by clicking on the “Accept” box and pressing the Buy Credits! button that appears on the URL http://www.MMS-Club.Com/default.asp and all other MMS-Club.Com related URL's. Such consent shall be deemed equivalent to the USER’s signature and shall give the USER access to the registration process required for due fulfilment of this contract.

3.2 The USER shall only be able to transmit each content included in MMS-Club.Com´s catalague of MMS, Games and other content, for once.

3.3 MMS-Club.Com is hereby bound to set up and run a USER protection system that will come into operation when an attempted transmission has failed, similar to the protection system currently available on the MMS-Club.Com webpage that the USER states he/she acknowledges and accepts as sufficient. Consequently, the amount paid by the USER for this particular transmission will not be deducted from his/her MMS-Club.Com credits account.

FINAL CLAUSE. Express waiver of privileges.

Both parties hereby expressly waiver any special right to any other law courts to which they may be submitted and agree to submit any discrepancy whatsoever arising from the interpretation or the application of this contract to the Courts of the country of Denmark.

"The user acknowledges and accepts that the preceding conditions stated herein shall govern the relationship between MMS-Club.Com and the USER.

This contract shall be deemed as validly made as of such time as the USER grants his/her consent hereto, by marking the acceptance box and completing the purchase of MMS-Club.Com Credits and from that date onwards.

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