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1 Applicability
1.1 The general terms and conditions below (hereinafter referred to as "Terms") apply to all offers and transactions within the framework of (digital) services offered (online) by PickleSmash through the network of any mobile communications provider (hereinafter referred to as "Operator") and are part of all offers and transactions within (digital) services. with which the End User has a subscription ("Mobile Subscription") or a prepaid contract, regardless of whether those services are further described in these Terms. The (digital) services offered (online) by PickleSmash may include (but are not limited to) games, text messages, audio and/or video files and/or similar services (hereinafter referred to as "PickleSmash Services") that are provided through the Operator's network through short message services ("SMS"), general packet radio services ("GPRS"), third generation ("3G") services, WAP or other means.
2 Taxes
2.1 No deviations from these Terms apply, except with the prior express written consent of PickleSmash for a specific contract.
3 Business conditions
3.1 After sending the designated keyword to the reserved short code, the subscriber will receive a confirmation message as confirmation of successful registration for this service. Subsequently, the subscriber receives two wappush messages containing the content.
3.2 This is a permanent subscription, the subscriber remains a registered subscriber until unsubscribe.
3.3 The participant must be at least 18 years old. If you are not the person responsible for paying the mobile phone bill or if you are under the age of 10, obtain the consent of the payer of the mobile phone bill, parents, guardian, employer before signing up for a subscription and/or participating in the service. By signing up and/or participating in the PickleSmash service, the subscriber assumes that the subscriber has obtained the necessary permission, consent or approval from the mobile bill payer, guardian or parents.
3.4 The costs of using the PickleSmash service are listed on this website under "Promotions"
3.5 The subscriber can unsubscribe by sending the message STOP to the short code 7404 (e.g. SMS to the number 7404). See the FAQ on the website for exact details. Another way to unsubscribe is to contact our customer service, by phone or email. Always include a mobile phone number. Contact details can be found on the website under "Contact".
4 Costs
As a subscriber, you can find all costs related to your subscription on this website. When subscribing, the subscriber consents to the charging and payment of fees incurred as a result of subscribing to the PickleSmash service. If necessary, it is possible to pay the fees in an alternative way (for example, by credit card). PickleSmash is entitled to change any and all costs upon prior notice on the Website. If this happens, subscribers will be notified via SMS two weeks in advance of the price change. These changes will be accepted if the participant continues to use the PickleSmash service after the price change date.
5 Termination of Service
The PickleSmash service will only be terminated when you as a subscriber have received a confirmation message of termination via SMS. This report will be charged or not more than the actual cost of the report. We may terminate your subscription if (I) you fail to pay the charges under your mobile phone subscription with the Operator or (II) PickleSmash (i) has any reason to believe that you have acted or have acted in breach of the Terms and Conditions or (III) is requested by the Operator or (V) any law, regulation, directive or governmental action makes all or any part of the PickleSmash Service illegal or impractical; or (VI) Subscriber's use of the PickleSmash service in any manner or manner disrupts or threatens to disrupt the integrity or functionality of the PickleSmash network. PickleSmash shall not be liable to the Subscriber and/or third parties as a result of the termination or cancellation of the PickleSmash Services.
6 Intellectual Property Rights
You acknowledge the Intellectual Property Rights of the Provider, its contractual partners and the licensor, and you will not use (parts of) these Intellectual Property Rights without prior written consent. Any use of any trademarks appearing in the Software and Sites without the express written consent of the provider or trademark owner, as applicable, is strictly prohibited. 'PickleSmash' is a trademark of the Provider. You further understand and agree that data in advertisements from advertisers and/or sponsors or information provided to you through the Service is subject to copyright, trademark, trade name, patent or other proprietary rights and laws. You warrant that you will not modify, rent, lease, loan, rent, lease, loan, sell, distribute, create or generate content or products derived in part or in whole from the Service or Software except where the Provider has given you express written permission to do so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-transferable license and permission to install the Software and download content, to use the working code of its Software. service on a designated compatible mobile device solely for your personal non-commercial use and to use the Software and Sites solely in accordance with these Terms and Conditions, provided that you do not copy, modify or supplement any Software, source codes or content, reproduce, modify, perform, transmit, distribute, sell, sell, create a derivative product or content from them, reverse engineer or reverse engineer them, or otherwise attempt to find the source code (or allow third parties to do so), use or make available the software and content except as expressly provided in these Terms and provided that you do not sell any rights related to the Content; software and intellectual property rights, encode them, sublicense them, encumber them with security rights or otherwise transfer them. You warrant that you will not modify the content, software and intellectual property rights in any way or use modified versions of the software and intellectual property rights, including (but not limited to) to gain unauthorized access to the Service. You warrant that you will only use the interface provided by the Provider to access the Service. Provider hereby grants permission to make only one copy of the Information on the device you use to access the Service and to use and display a copy of the Registered Information created on that device for private purposes.
7 Disclaimer
The Provider, its directors, managers, employees, suppliers, agents and representatives (hereinafter referred to as the “Providing Parties”) do not accept any responsibility for damages caused by any use of the Service, Content, Software and Sites. You understand and expressly agree that: The Service, Content, Software and Site are provided on an "as is" and "as available" basis, without warranty of any kind. To the extent permitted by law, the Providing Parties expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, Content, Software and Sites, including but not limited to the implied warranties of title, merchantability, fitness for specific purpose and non-infringement of proprietary rights; The Providing Parties assume no responsibility for the security, reliability, timeliness and compliance of the Service, Content, Software and Sites. The Providing Parties do not warrant that the Service, Content, Software and Sites will meet your expectations or that the Service, Content, Software and Sites provided will be uninterrupted or error-free; No advice or information you may receive orally, in writing or through our Services shall create any warranty not expressly stated in the current Terms. You should not rely on this information or these recommendations; You acknowledge and agree that you download and/or use the Service, Content, Software and Sites at your own discretion and risk, and that you are the sole party responsible for any damage to your computer system, mobile phone or data loss as a result of downloading or use of the Content, this Software and the Sites;
8 Limitation of Liability
We will not be responsible or liable for any failure or delay in performance of any of our obligations under the Contract that is caused by events beyond our reasonable control (“Force Majeure Event” Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lockouts or other industrial action, civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, inability to use public or private telecommunications networks, laws, ordinances, legislation, regulations or restrictions of any government under any contract shall be deemed suspended for the period during which the force majeure event shall continue, and during this period we will have an extended period for performance.we will not use our reasonable endeavors to end the Force Majeure Event or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event. If at any time during the term of the contract we fail to insist on the strict performance of any of our obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of those rights or remedies and does not relieve you from complying with such obligations. A waiver of any default by us shall not constitute a waiver of any subsequent failure. 10.1 Under no circumstances, including negligence, shall the Providing Parties be liable to you or any third party for any damages, including but not limited to direct, indirect, consequential, special, moral, additional, legal liability or consequential losses (including damages due to loss of business income, stoppage of operations, loss of information about the company, etc.) As a result of any use, misuse or inability to use the service, its content, software and pages, even if the authorized representative provider has been informed of the possibility of damages (including damages caused to third parties). In some countries, the limitation or exclusion of liability for incidental or consequential damages is prohibited, so the above limitation or exclusion may not apply to you. In no event shall Providers' aggregate liability to you for damages, losses and legal claims (whether in contract or tort [including negligence] or otherwise) exceed the amount paid by you to register for the Service, Content, Software and Sites.
9 Data processing
In order to provide PickleSmash services to subscribers, PickleSmash collects and processes (ie: collects, stores, views, provides to third parties, organizes and aggregates) certain personal and operational data about subscribers. PickleSmash will process subscriber data as described in the privacy statement, which can be viewed and downloaded from the website. PickleSmash will always process subscriber information in full compliance with applicable privacy laws and regulations. As a global company PickleSmash and its affiliated brands, we are increasingly crossing the borders of one country. PickleSmash also reserves the right to use subscribers' mobile phone number and email address for promotional purposes.
10 Legal election
The use of the PickleSmash Services, the Agreement and the Website are subject to the laws of the country in which the campaign is promoted. If PickleSmash is to exercise or enforce any rights or provisions of the Terms and Conditions, it does not waive those rights or provisions. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intent of the parties as reflected in the provisions to the fullest extent permitted by law. and other provisions of the terms and conditions remain in full force. All disputes will need to be resolved before the competent court in the country in which the campaigns take place
11 Provision
These terms and conditions are available for viewing at PickleSmash.com and if you would like a copy, we can provide you with one free of charge upon request. PickleSmash reserves the right to change these Terms if necessary. These changes will be communicated to subscribers through this PickleSmash website. We will be deemed to have accepted these changes if Subscribers continue to use or download the PickleSmash Services after the specified period when they are implemented. PickleSmash reserves the right to substitute any item with other substitutes of similar value without prior notice.
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