Terms and Conditions

Welcome to Viddigo

Please take the time to read and understand the Terms & Conditions (“Terms”). By using our Sites and Services, you agree to these Terms as well as to the Privacy Policy. If you do not agree, do not use the Sites or any of the Services.

We provide browser-based application mobile entertainment content, such as games, graphics, streaming online video services and other services to certain compatible mobile devices (the “Services”).

By visiting the website or the corresponding WAP site ("Sites") and/or registering the Services, you accept that you are entering into a binding contract with us governed by the Terms and Privacy Policy.

Please note that we may modify the Terms and Privacy Policy from time to time. It is your responsibility to ensure that you regularly review our Terms and Privacy Policy as continued usage of the Service and Sites indicates acceptance of such modifications.

Access to the Services

In order to have full access to the Services, you must have a mobile communications subscription with a participating mobile operator or otherwise have access to a mobile communications network for which we make the Services available.

Also, you must provide all equipment and software necessary to connect to the Services including, but not limited to, a mobile device that is compatible for use of the Service with easy internet connectivity. You will be responsible for obtaining internet connectivity (and all devices necessary for such connectivity) and paying all fees in connection with such use.

Some wireless applications are only available for a select number of mobile devices. To prevent any disappointment, we ask you to check the compatibility of your mobile device before subscribing to the Services. If any upgrade of the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new products and services, shall be subject to the Terms.

In addition, you have to pay a subscription fee which can be purchased for different periods and will be automatically renewed if not cancelled. Any Services that you access on a subscription basis will be available to you only for the duration of the subscription for which you have paid. Your rights to use and access the subscribed Services will end automatically upon expiry of the subscription period.

The Services are provided "as is" and "as available" at the time of use or consumption, and we do not accept any liability or provide any guarantees if personal settings, information or messages are not saved (on time), are deleted or incorrectly delivered.

The fee shall become due upon purchase of the subscription irrespective of whether or not you actually download or use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the Services.

You are fully responsible for all activities that occur through your subscription. That responsibility includes, but is not limited to, the responsibility that you ensure timely payment of any fees, tariffs or other charges for getting access to the Services or any products and services made available through the Services. You agree to notify us immediately in case you become aware of or suspect unauthorized use of your subscription or any other breach of security.

You may not assign or transfer in any other way the contract or any of your contractual rights. We shall have the right to assign our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

Minimum age

In order to use the Services, you must at least have reached the age as per the rules and regulations of your country of residence, and have the bill payer's permission to sign-up for and use the Services on their behalf. To use this service, you should be at least 18 years old or must be authorized to use the service by a parent or guardian.

Fees

For getting full access to the Service you will be charged the applicable fees. The fee shall be charged for every subscription period the contract is in effect. Unless otherwise indicated, the charges shall be billed through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate charges for text messages, internet access or downloading from your mobile operator can apply.

You will pay or reimburse us all national and local or other taxes, including but not limited to VAT, tax on games of chance or any levies imposed in lieu thereof, which taxes are based on the costs due for the use of the Services, regardless of whether those taxes are levied either now or in the future by international, European, national or local authorities or by any other body or bodies authorized to levy taxes.

All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.

Registration

In order to guarantee safe use of the Services, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information ("Registered Information") provided to us is correct and complete at all times. If we, in our sole discretion, have reason to believe that the Registered Information is not accurate or complete, we are entitled to suspend or terminate your account and to withhold both current and future use of the Services, or any component of it.

You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by us, and you are fully liable for all actions carried out involving the use of your password or account. You are responsible to contact us if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security. We may provide you with access to some Services without being registered. In each such case, your identification is based on the means of identification that we deem appropriate, such as your mobile telephone number. You agree that such information may be collected and disclosed to us and used in accordance with the Privacy Policy.

Privacy Policy

Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms, and by agreeing to the Terms, you also give consent to the way we may handle your personal information as detailed in our Privacy Policy.

Changes of the Services

We may suspend the Services for repair, maintenance or upgrade. In such event, we shall aim to keep the interruption short and cause as little inconvenience to you as reasonably possible. We reserve the right to amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services.

Termination, Suspension and Cancellation of Services

You can manage and cancel your subscription by visiting the relevant Sites. You can also send us an e-mail to the e-mail address, as communicated to you on the Sites and through our Services.

We may, at our own discretion, terminate or suspend your use of the Services for any violation of the Terms and you agree that you will not receive a refund of subscription fees already paid to us.

Intellectual Property Rights

All now known and hereafter rights, titles and interests of every nature worldwide in and to any intellectual property, proprietary rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services and Sites (“Intellectual Property Rights”) are owned by us or our licensors, except as otherwise set forth herein.

You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Services or Sites, except in the event that we have given you explicit written permission to do so.

You agree not to make any claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms.

You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

We hereby grant you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the software and download the content to use the Services on a designated compatible mobile device.

Misuse of the Services

You agree you will not, and will not allow others to, use the Services and Sites directly or indirectly, to upload, distribute, transmit, communicate, provide a link to, or publish any data, information or material using or through the Services, that:

a. belongs to another person and to which you do not have any right to;

b. is grossly harmful, libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, against public interest;

c. violates any law or regulation for the time being in force, or is unlawful in any manner whatever, or the rights of others;

d. is not for your personal and non-commercial purposes;

e. harm minors in any way;

f. causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service;

g. infringes any privacy rights, patent, trademark, copyright or any other intellectual property rights, proprietary rights or confidentiality obligations of any person or entity;

h. attempts to or actually disrupts, impairs or interferes with, or alter or modify the Services or the Sites;

i. acts in a way that negatively affects our goodwill, the Services or Sites, or anyone else;

j. will be used for reproduction, copy, sell, resell or use the Services, in whole or in part; or

k. contains software viruses, worms, Trojan horses, time bomb, disabling or malicious code, filing, programs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

In addition, you agree you will not, and will not allow others to copy, alter or amend any software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You are solely responsible and liable for any such activity, behavior, use and conduct.

Advertising

As far as your country of residence allows us, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services.

The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by us of such content, product, service or company. We shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that we are not liable for any damage of any nature whatever that may be the result of such transactions.

Disclaimer of Warranties

WE AND OUR PARTERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES, THE CONTENT, THE SOFTWARE AND SITES. YOU UNDERSTAND AND AGREE THAT:

a. THE SERVICES, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

b. WE AND OUR PARTNER DO NOT PROVIDE ANY WARRANTY WHATSOEVER AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, THE CONTENT, SOFTWARE AND SITES, INCLUDING BUT NOT LIMITED TO (i) QUALITY, SECURITY, SUBSTANCE, ACCURACY, RELIABILITY, APPROPRIATENESS, PERFORMANCE OR ANY OTHER STANDARDS; (ii) COMPLIANCE WITH APPLICABLE LAWS, RULES, REGULATION AND GUIDELINES; AND (iii) TITLE OR NON-INFRINGEMENT OF ANY PARTY'S RIGHTS.

c. WE AND OUR PARTNERS HAVE NO LIABILITY FOR ANY CONTENT YOU FIND TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, SLANDEROUS OR LIBELOUS.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

e. WE AND OUR PARTNERS ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.

f. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICES, THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES.

g. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU; AND

Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER NO CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES AND SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION. IN NO EVENT SHALL OUR OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.

Miscellaneous Provisions

These Terms represent your entire agreement and understanding between you and us. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. Also you agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or the use of the Sites or the Services.

In the event any provision of the Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

Any failure by us to exercise or invoke certain rights or stipulations laid down in these Terms in no way constitutes a waiver or renunciation of those rights or stipulations.

Nothing in these Terms affects your statutory right as a consumer.

The headings used in these Terms are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

National laws from your country of residence are applicable to the relationship between you and us, regardless of provisions of applicable international law. You and us hereby waive any right to jury trial with respect to any action brought in connection with the Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country.

Updated: January 2018

Privacy Policy

As further outlined in our data protection policies and procedures, to the extent that we collect personal or non-personal information from you, we will utilize commercially-reasonable means to secure and protect that information from unintended third parties. However, because no method of security, transmission, or storage is 100% secure, we cannot guarantee that such information will not be accessed or compromised.

This Privacy Policy explains our commitments and your rights concerning your personal information. You should read the Privacy Policy carefully. If you do not agree with this Privacy Policy, please do not use the Sites or Services. The Privacy Policy is incorporated into and subject to the Terms of Service, and governs the same Services and Sites as the ones in the Terms of Service. Any terms we use in the Privacy Policy without defining them have the same definition given to them in the Terms of Service.

Personal information

We may collect personal information from you in a variety of ways, such as your name, email address, phone number and bank account information. You may, however, visit our Sites anonymously. We will collect personal information from you only if you voluntarily submit such information to us. You can always refuse to supply personal information, except that it may prevent you from engaging in certain Sites related activities. If you choose to purchase a Service from us, we or the mobile operator of your network will collect your payment information. Account and billing information collected by the mobile operator are subject to their respective privacy policies.

Non-personal information

We may collect non-personal information about you whenever you visit our Sites or use our Services. Non-personal information may include the user agent, and technical information about your means of connection to our Site, such as the type of device you use, unique advertising ID, Internet Protocol (“IP”) address, number of clicks, landing pages, operating system, information about your use of our Services and other similar information.

Web browser cookies

Our Sites may use cookies and other technologies to enhance your experience. A cookie is a piece of information that is stored on your device’s hard drive for record-keeping purposes and sometimes to track information. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Sites or Service may not function properly.

We use Google Analytics, a web analysis service of Google Inc. (“Google”) which assists website owners and operators in learning about and understanding the usage patterns of visitors who use their websites by collecting information about which individual webpages were visited, how long users spent on the website, which websites referred the most visitors, general geographic location of visitors, and other similar anonymous statistics.

For this reason, Google Analytics may create several cookies on your device. Google Analytics does not collect any personally identifiable information by default. Google Analytics collects the IP address or internet connections used by visitors to websites on which Google Analytics has been installed. Google Analytics does not reveal or expose the IP address of visitors to the owners of the website on which Google Analytics is installed.

We also use Google AdWords remarketing services to advertise on third party websites including Google, to previous visitors to our Sites or Services. The advertisement can be on the Google search results page or a website that has the Google display network implemented. For this reason, third party vendors including Google may create several cookies on your device.

Furthermore, we use Google DoubleClick to advertise based on what’s relevant to a user, to improve reporting on campaign performance, and to avoid showing advertisements the user has already seen. For this reason, Google DoubleClick creates several cookies on your device. For example, Google DoubleClick uses cookies to keep a log of which advertisements show to which browsers. When it’s time to serve an advertisement to a browser, Google DoubleClick can use the browser’s cookies to check which Google DoubleClick advertisements have already been delivered to that particular browser. That’s how Google DoubleClick avoids showing advertisements the user has already seen. In the same way, cookies allow Google DoubleClick to log conversions related to advertisement requests—such as when a user views a Google DoubleClick advertisement and later uses the same browser to visit the advertiser’s website and make a purchase. Google DoubleClick cookies contain no personal information.

You can prevent cookie storage as stipulated above under web browser cookies by a respective browser-software setting, which, however, has the effect that some features of the Sites or Services are not fully useable. By using our Sites or Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can also prevent collection of the data with Google Analytics by visiting Google Analytics opt-out page and installing the Google add-on for your browser https://tools.google.com/dlpage/gaoptout or visit https://www.google.com/settings/ads to set your settings for Google Analytics, Google AdWords and Google DoubleClick.

For more details on installing and uninstalling the Google add-on, Google Analytics, Google DoubleClick or AdWords, please visit Google's website.

How we use collected information

We may collect and use your personal information for the following purposes:

• Provide the Service you request;

• Bill and collect for the Service provided to you;

• Send you marketing communications;

• Provide customer care;

• Protect our rights or property;

• Enforce the Terms of Service;

• Comply with legal requirements;

• To improve our Sites and Services;

• Respond to your inquiries, questions, and/or other requests; and

• Respond to court orders, subpoenas or other legal proceedings.

We will retain your information for as long as needed to provide our services. We will retain your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

How we protect your information

We are concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to us or guarantee that your information may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized or accidental access, alteration, disclosure or destruction of your personal information, transaction information and data stored on our Sites. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. We will continue to enhance our security procedures as new technology becomes available.

Because we operate internationally, your information, including personal information, may be transferred to and made available in the USA and/or any other country than your country of residence. Also in these countries we take all reasonable care to protect your personal information.

Sharing your personal information

We do not sell, trade, or rent your personal information to third parties for their marketing purposes, but we may share generic aggregated demographic information not linked to any personal information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Advertising

Advertisements appearing on our Sites or Services may be delivered to you by third parties that are not affiliated with us. These and other third parties may collect or receive information about your use of our Services, including through the use of cookies and other technologies, and this information may be collected over time and combined with information collected on different websites and online services.

Please remember that when you use a link to go from the Service or Site to another website or service, our Privacy Policy does not apply to third party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at supportae@viddigo-ae.com.

Your consent

By using the Sites or any of our Services, you expressly consent to our collection and use of your personal information and non-personal information in accordance with this Privacy Policy.

Also, you consent to (i) any transfer of personal information and non-personal information outside your country to a country that does not have the same data protection laws as your country and (ii) the use and disclosure of information about you as described in this Privacy Policy.

If we decide to change our Privacy Policy, we will post those changes on this page so that you can always access the latest Privacy Policy.

Contacting us

If you do not wish to be informed by email or free messages about our Services, if you wish to receive data we saved about you, if you want your data to be corrected, suspended or deleted, if you have a question about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, please contact us at supportae@viddigo-ae.com.

UPDATED: January 2018