1.0 Use of MTV Mobile WAP portal
(a)The MTV Mobile WAP portal (http://mtvmobile) and all multimedia Content services falling under the MTV Mobile brand and operated by Mobisle Communications Limited (GO Mobile). Access to and use of http://mtvmobile portal and the services available through it are subject to the following terms and conditions.
(b) By using this facility, you are agreeing to all of these terms and conditions, without modification. If you do not agree to these terms of use, please do not use any MTV Mobile multimedia Content services. For more information, please contact Customer Care on 1644 (call is free) from Your SIM Card, or 79 22 16 44 (chargeable) from any other network.
2.0 Content Downloads & Charges
(a) Access to and use of the MTV Mobile WAP portal requires a mobile handset with a WAP browser.
(b)The Content made available through the MTV Mobile WAP portal is available in various formats as follows:
Ringtones: MP3
Wallpapers: JPG
Animated Screensavers: GIF
MTV Music: Live TV stream in 3GP (with AAC audio format)
MTV Shorts: Video stream in 3GP (with AAC audio format)
MTV VoD (Video on Demand): Video stream in 3GP (with AAC audio format)
i. Streaming of MTV Music, MTV Shorts, and MTV VoD require a handset that is EDGE or 3G and that is capable of video streaming.
ii. Your handset needs to be compatible with these formats in order for you to be able to download and use the Content. Various multimedia phones support different formats for video, audio, and images. Please consult Your phone's manual or call Customer Care on 1644 (call is free) from Your SIM Card to find out which of the MTV Mobile Content formats Your multimedia phone supports.
(c) You acknowledge and accept that different handsets support different Content file formats and sizes and GO Mobile will assume no responsibility whatsoever for the download of Content that is not compatible with Your handset type or that does not display correctly on Your screen size.
(d)The range of Content and the formats made available may change from time to time at GO Mobile's discretion, and without prior notice.
(e)Whilst in Malta there are no charges for Content downloads from the MTV Mobile WAP portal unless otherwise specified on the download/streaming screen. Access to and browsing the MTV Mobile WAP portal (http://mtvmobile) whilst in Malta is also free of charge. GO Mobile reserves the right to introduce or modify Content and browsing charges for MTV Mobile, in which case the charges will appear on Your download screen prior to downloading/streaming.
(f)Whilst roaming the charges for browsing through the MTV Mobile WAP portal and for downloading Content will vary depending on the size of the Content, the bearer used (CSD/GPRS/MMS/EDGE/3G etc), Your tariff plan, and the operator you are roaming with. You are advised to check these applicable rates before using the MTV Mobile portal or downloading Content whilst outside Malta.
3.0 Use of Content
(a)You may only use the MTV Mobile portal and the Content available within for Your own personal non-commercial use respecting all the proprietary rights and Intellectual Property rights and the applicable legislation and to this end you may not reproduce, duplicate, copy, sell or re-distribute any of the Content to others.
(b)You must not attempt to breach any security or safeguard measures of the MTV Mobile portal or the Content within, including DRM (digital rights management).
(c)The Content available through the MTV Mobile portal is protected by copyright. You must not modify or in any way alter the Content or infringe the Intellectual Property rights in any Content.
(d)GO Mobile reserves the right to establish a fair usage policy and set upper limits for the free usage/download/streaming from the MTV Mobile portal.
(e)GO Mobile reserves the right to terminate Your subscription in the event of any misuse of the Content or breach of the terms of use of the Content. Illegal use of the Content shall be subject to prosecution.
4.0 Multimedia Handset Support
(a)You acknowledge and accept that GO Mobile cannot guarantee that all multimedia phones available on the market will work well on its network. This also applies to the different firmware versions available for the same phone models. GO Mobile is under no obligation to make the Content available to any specific handset model even if this model supports the Content formats.
(b)If Your handset is supported by the MTV Mobile portal you must first ensure that Your handset is configured with the correct settings (APNs etc) in order to download/stream any Content. If Your handset is not correctly set up you may get assistance on how to do so by calling Customer Care on 1644 (free call) from Your SIM Card.
5.0 General
(a)GO Mobile relies on its Content providers for the provision of Content services through the MTV Mobile portal and, while it will use its best endeavours to provide a prompt and continuous service and to ensure that the Content is correct and up to date, GO Mobile will accept no responsibility for any fault, error, inaccuracy or defect of the Content. GO Mobile will not be held liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by You or any other person directly or indirectly making use of the Content, including but not limited to any loss or damage resulting from:
i. Any inaccuracy, error or defect in the Content;
ii. Any access delays or access interruptions;
iii. Any data non-delivery or data mis-delivery;
iv. Any loss of data;
v. Any errors, omissions, or misstatements in any or all information or services obtained on or through any of the Content;
vi. Any acts and/or omissions of MTV Mobile users.
(b)You hereby acknowledge that you understand and accept that:
i. Faults may lead to temporary unavailability of any or all products or services;
ii. By storing the multimedia Content on Your mobile phone, problems may arise due to the capacity limitations of the phone, which may hinder the normal operation of the phone and other services;
iii. The information that may be obtained from the use of MTV Mobile Content may include inaccuracies and typographical errors;
iv. the operation of such service may be adversely affected by conditions and performances outside GO Mobile's control;
v. You will hold GO Mobile harmless for any delay, interruptions or failure to deliver the Content or inaccuracies in the Content.
(c)GO Mobile reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, any of the services (or part thereof) offered through the MTV Mobile portal at any time and without prior notice.
(d)GO Mobile shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of its services.
(e)GO Mobile reserves the right to change and revise the Content or WAP browsing tariffs at its own discretion. Such changes will be notified in the MTV Mobile website at www.mtvmobile.com.mt.
(f)You agree that GO Mobile may terminate Your access to all or any part of the MTV Mobile service as set out in the Terms above or for any other reason including lack of use or breach of these Terms. On termination, which may take place without prior notice, GO Mobile may immediately deactivate Your account and all related information. GO Mobile shall not be liable and shall not assume any responsibility for any Content lost as a result
