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Acceptance of Terms and Conditions
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These are the general terms and conditions ("Terms") governing your access and use of the content and
services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on
a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated and
maintained by or on behalf of OTAMate Technology Ltd, a company registered in England and Wales (registered
number 2304612), whose registered office is BTMC, Challenge Way, Blackburn, Lancashire, United Kingdom,
BB1 5QB and its suppliers and partners ("OTAMate Technology"). It is a privately-owned service and your
use of and ability to continue to use it is therefore subject to our discretion.
Your use of this Site located at http://www.phonewebcam.com and the Products and Services provided via it
("Phonewebcam") are conditional upon you accepting the following Terms, which may be updated, changed
or supplemented by us from time to time without notice to you, and these changes shall form part of these
Terms, even if you do not re-visit this page to re-read the Terms. You are responsible for regularly
reviewing the Terms. Unless otherwise specified, your acceptance shall be indicated by your use of
Phonewebcam. If you do not accept these Terms, you must not use Phonewebcam. Continued use of Phonewebcam
following any posted changes will constitute your acceptance of the then-current Terms. In addition, you
are subject to any other posted guidelines which are hereby incorporated by reference into the Terms.
Any reference to "you" and "yours" refers to you, the user of the Service. Phonewebcam Users ("Users")
are defined as having Roles (for example "Unregistered", "Registered" or "Subscribed") and the use of some
of the Services may be restricted to certain Roles (for example, customers subscribed to the Phonewebcam
service).
The section titles in the Terms are for convenience only and have no legal or contractual effect.
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Users under the age of 18
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We are concerned about the safety and privacy of all our Users, particularly children. Phonewebcam is
targeted at, and intended for an audience of 13 years and older. If you are under the age of 13 you must
not create an account or provide us with any personal information unless you have the consent of a
parent/guardian, and it is permitted by applicable law. Furthermore if you are under the age of 18, please
ask your parent/guardian to accept these Terms on your behalf before you use Phonewebcam or this Site.
Please remember that Phonewebcam is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether the Service and/or Content is appropriate for
your child.
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General
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In these Terms, Phonewebcam refers to all Products and Services including but not limited to the
Phonewebcam Viewer, the Phonewebcam Publisher, the Phonewebcam Explorer, the Phonewebcam Skinner, the
OTAMate Service Engine and the Phonewebcam website. All Phonewebcam products (except the Forums) use
the same account, and these Terms apply equally to all of them.
The Terms, including any other posted guidelines and amended terms, constitute the entire agreement
between you and OTAMate Technology and govern your use of the Service, superceding any prior agreements
between you and OTAMate Technology. You also may be subject to additional terms that may apply when you
use affiliate services, third-party content or third-party software.
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We may delay enforcing our rights under these Terms without losing
them.
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You agree that we may sub-contract the performance of any of our
obligations or may assign these Terms or any of our rights or obligations without giving you notice.
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You undertake not to assign, re-sell or in any other way transfer
your rights or obligations under these Terms without our prior written consent. |
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We will not be liable to you for any breach of these Terms, which
arises because of any circumstances that we cannot reasonably be expected to control. |
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You agree that no joint venture, partnership, employment or agency
relationship exists between you and us as a result of these Terms or use of this Service. |
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The Contracts (Rights of Third Parties) Act 1999 does not apply to the
agreement between you and us formed by these Terms. |
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These Terms (and, where applicable, the relevant additional terms that
you accept as part of the registration process for a Service and the Provider terms and conditions) form
the entire understanding between you and us concerning your use of the Service and supersede all previous
agreements relating to the Service. |
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If any part of these Terms is determined to be legally invalid or
unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder
of the Terms shall continue in effect. |
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OTAMate Technology reserves the right at all times to disclose any
information as OTAMate Technology deems necessary to satisfy any applicable law, regulation, legal process
or governmental request. |
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These Terms shall be governed and interpreted in accordance with English
law and you and we both consent to the non-exclusive jurisdiction of the English courts. |
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Distance selling regulations
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You agree that the provision of Services or Content will start as soon
as you have completed any necessary registration requirements and you acknowledge that you cannot have
recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations
2000 to cancel such Content and/or Services once it has been delivered to you. |
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This paragraph sets out those items required pursuant to the Consumer
Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic
Commerce (EC Directive) Regulations 2002. |
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Identity.
Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased
pursuant to these Terms is OTAMate Technology Limited. |
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Description of Goods.
The goods and services sold or provided pursuant to these Terms comprise items either selected
from those available on our Site or created by us to your order.
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Price.
The price of items purchased via the Site shall be the price advertised on the Site at the time of
purchase or in any additional terms and conditions and shall include Value Added Tax and any other
applicable tax at prevailing rates from time to time, plus delivery costs.
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Delivery Costs.
All items viewed or purchased using WAP will incur normal operator network charges.
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Payment.
Payment for any item purchased pursuant to these Terms must be made as specified at the time of
placing the order and prior to delivery.
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Price Validity.
The price of any Content or Service is fixed at the date of purchase. Future purchases shall be
subject to prices prevailing at that time.
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Duration of Contract.
Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these
Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the
item is initially transmitted and the other limitations set out in these Terms.
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Availability of Terms.
We will make the current edition of the Terms available on the Site for so long as the Service
is available (subject to any temporary or unavoidable disruptions to the availability of the Site).
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Description of Goods.
Language - This contract can only be concluded in the English language.
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