Purpose

The purpose of these General Terms and Conditions of Use (hereinafter the ‘General Terms and Conditions’) is to set out the terms and conditions pursuant to which the services that the Company publishes (hereinafter the ‘Applications’) are offered to any user (hereinafter the ‘User’) on its websites (hereinafter the ‘Sites’). These services enable the User to view and download games and video clips, available on fixed or mobile terminal (hereinafter the ‘Service’) on a presently existing or future fixed or mobile terminal connected to a radio telecommunications network (including, in particular, any computer, smartphone, connected tablet or compatible connected TV) enabling access to the Service (hereinafter the ‘Terminal’).

Any use whatsoever of the Sites shall be deemed full acceptance, without reservation, of these General Terms and Conditions.

Information required by law
The website is published by Mobile Content Factory, a UAE company, whose registered office is located at 410 DMC – Bldg 01 – DUBAI MEDIA CITY – DUBAI – UAE (hereinafter the ‘Company’).

Customer Service:

For any question or to obtain information about these General Terms and Conditions or the Applications, the User may contact our Customer Service department:

By post: 410 DMC – Bldg 01 – DUBAI MEDIA CITY – DUBAI – UAE

By e-mail, on the Site, by clicking on the ‘contact’ link at the bottom of each page of the Site, or by sending an e-mail to the address specified on the particular Site in question.

Access to Services
The Service that the Company offers on the Site is offered pursuant to the financial terms specified on each Site.

A User who wishes to subscribe to the Service must visit the Site and click on the Premium page. To benefit from the advantages offered in the subscription, he/she must then follow the instructions given on the Site, specifically the User shall register his number, validate the PIN code received and confirm his subscribe.

Access to the Services is immediate, provided, however, the internet and Terminal and/or any computer equipment of the User connected to the internet are operating properly.

The Company shall in no event be liable if the Site is not available because of telecommunications issues, in particular if these conditions are not met, as the Company has no control over the internet or the User’s computer and telephone installations.

Payment provisions

To view the Service, User shall pay his subscription. – Subscriptions are billed on the mobile operator or Internet provider, VAT included.

Indicated prices do not include wap connection fees that can be charged by the mobile operator or web connection that can be charged by the Internet provider.

Withdrawal right

If a fee is required for the Services, in accordance with Article 111 of the Part Five law, we hereby inform the User that he/she has a period of 60 clear days as from the date of the acceptance of and subscription to the Service to exercise his/her right of withdrawal, without the need to provide a reason and without incurring any penalty, except the cost of return shipment, if applicable.

The sixty (60) days shall run from the date of conclusion of the contract. To exercise his/her right of withdrawal, the User must notify the Company of his/her decision through an unambiguous statement to send to the Company at the earliest by:

• email sent at the address mentioned on the concerned Site.

Or by

• mail sent to the following address:?support-sa@my-subscriptions-sa.com

The User must specify in his/her request the following in order to allow the treatment of:

– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Service subscribed and the Site from which the Application was downloaded;
– the nature of the claim;
– the payment method used;
– the User’s telephone number as entered into the Site or Service;
– a bank details.

An acknowledgment of receipt is sent by email when Company becomes aware of the application for withdrawal.

In case of withdrawal from the User, the Company will reimburse all payments received from him not later than fourteen days after the date on which the Company is informed of its decision to withdraw from this contract.

Provisions applying to the viewing of videos on demand, streaming and/or series

The User will select the product (game, film, series, video clip, etc.) he wishes to download from the range of products proposed by the Company via the site, after logging in using his username and password. A password will be sent by e-mail to the address provided by the User when he opens his account, or if he forgets his password.

After selecting the product, the User will be required to follow the instructions and comply with the Company’s requests for information. The delivery times will be as stipulated below.

Products will be delivered electronically via Internet or the telecommunications operator’s network. The User will view the selected products directly on his Terminal; viewing will be immediate, provided however that the Internet network and the User’s equipment connected to the Internet are operating correctly.

The Company cannot be held liable under any circumstances for any failure to correctly receive the product, in particular if these terms and conditions have not been complied with, as it has no control over the Internet or the User’s computer and telephone installations. The User has a duty to verify the content of the product upon receipt.

Use by minors or at work

Users must be of legal age to subscribe to the Service. The Company shall not be liable for subscriptions by Users who violate this rule.

Therefore, minors must obtain their parents’ permission (or the permission of their legal guardians) before ordering the Services offered on the Site(s).

Users must request authorisation from their employer or supervisor if the Site(s) are used at their workplace.

Exclusion of liability

The Company offers no express or implied warranty, and assumes no liability, with respect to the use of the Site. The company assumes no responsibility in the event of breakage of the Terminal when Users use the Service; similarly, the company assumes no responsibility in case of nausea, travel sickness and/or epileptic seizure of the user.

Neither the Company nor any third party involved in the creation of the Site shall in any event be liable or owe any compensation to a User or any other party for direct, indirect, consequential, special or ancillary losses incurred due to the use of the Site, in particular loss of profits, losses due to business interruption or losses due to loss of programs or other data from the User’s management information system or anywhere else. The User’s connection to any other external site shall be at his/her own risk.

The Site may contain images of and links to sites managed by third parties (‘Third-Party Sites’). The Company has no control over Third-Party Sites and assumes no liability with respect to their content. In particular, the Company assumes no liability for the content of links displayed on Third-Party Sites or for modifications or updates to Third-Party Sites. The Company shall not be liable for any material distributed over the Internet or using any other form of transmission that is received from a Third-Party Site, or for a malfunction of Third-Party Sites. The Company provides such links for the User’s convenience only, and the inclusion of a link does not mean that the Company approves the content of such Third-Party Sites or that there is any association between the Company and the operators of said sites. Users are responsible for reviewing any privacy policy posted on Third-Party Sites, as well as their terms and conditions of use, and for complying therewith.

The Company endeavours to deliver the Services as quickly as possible. However, the Company must use the services and distribution networks of third-party companies, over which it has no influence with respect to availability. Accordingly, the Company shall not be liable in the event the User experiences delays in accessing the Services, or in the event of a temporary or permanent interruption in data transmission to the User’s Terminal if such interruption is not attributable to the Company. The Company reserves the right to temporarily suspend access to the Services for Site maintenance and repairs.

Use of the Services requires use of certain technical systems, such as a Terminal, computer programs, means of transmission, telecommunication services and other services of third-party companies, which may entail additional costs. Such costs shall be borne by the User. The Company does not supply any of these technical systems and shall in no event be liable therefor.

Intellectual property rights

The Company offers Services licensed from third-party companies, which are protected by intellectual property rights.

Consequently, applications downloaded are for Users’ personal use only. No reproduction, modification, transmission, sale or sub-license is authorised.

The figurative or other trademarks (hereinafter referred to collectively as the ‘trademarks’) displayed in the site, or in any newsletter, are registered or unregistered trademarks owned by the Company and third parties. Reference to trademarks on the Site shall in no event be deemed an express or implied granting of any right of use, licence or authorisation with respect to said trademarks, without the written agreement of the company or relevant third party. Any use of the trademarks referred to in the Site, or the content thereof, that is not expressly authorised by the trademark holders, other than as granted under these General Terms and Conditions, is strictly forbidden. The Company hereby advises Users that it is entitled to take legal action, including before the criminal courts, to protect its intellectual property rights.

All rights of authors, composers, music publishers and all holders of neighbouring rights in the works reproduced and distributed in these Applications and/or on these Sites are reserved. Any use of said works other than as described in these General Terms and Conditions is forbidden.

Right of access to personal data files

The User is solely responsible for the data he/she provides.

In accordance with the applicable law, the User is hereby informed that the information provided in connection with the Service is necessary to use the Service. Such information enables the Company to manage provision of the Service and the customer relationship.

Such information is intended solely for, firstly, the Company and its contractual partners for the requirements of providing the Service and, secondly, its service providers.

Some of these recipients are located outside Saudi Arabia, specifically in Morocco. These recipients will receive the following data: the first name, surname and address of prospective users and/or users;

the telephone number of prospective users and/or Users (including user names); the e-mail address of prospective users and/or Users; the identity of prospective users and/or Users; invoices of electronic communications operators (mobile telephone, landlines and internet access providers); and copies of identity documents, if applicable.

In accordance with applicable law, users have the right to oppose the use of, and to access, correct and delete, any personal data about them that the Company obtains during their use of the Service. Users may exercise this right by sending an e-mail to the address specified on the Site, or by writing to the following postal address: 410 DMC – Bldg 01 – DUBAI MEDIA CITY – DUBAI – UAE.

The User is hereby informed that by entering his/her telephone number and/or e-mail address, he/she authorises the company to send him/her offers for products and services it markets on its own behalf or through partner publishers.

To unsubscribe from the special offers of the Company and its partners (received by e-mail), the User may write to the e-mail address above or click on the unsubscription link in the newsletter.

In addition, if the User does not wish to receive offers from the Company about its products and/or services, he/she may send the keyword ‘STOP’ to the short number specified in the advertising.

Cookies

Cookies are data files sent to a web browser and stored on the computer’s hard drive. They do not allow internet users who visit the Sites to be identified directly. However, they record information about the computer’s navigation on the Sites (pages visited, date and time of the visit, etc.), which the Sites can read during subsequent visits. The computer stores an identification code in the cookie. The cookie only stores the identification code in its memory, and no other personal information about the user.

Data collected using cookies enable improvement of the quality of the Sites to make them more attractive or functional and to facilitate navigation thereon. More specifically, localisation data collected using cookies enables personalised Services to be provided.

The length of time during which this information is stored on the User’s computer depends on the Site(s) visited. After a cookie has been stored on his/her computer, the User may receive, or see displayed, advertising for products and services offered by the Company, its partners or subsidiaries of the Mobile content factory Group. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.

The company hereby informs the User that he/she may prevent cookies from being stored on his/her computer by configuring his/her web browser to inform him/her when cookies are sent to his/her computer. For example:

For?Mozilla Firefox:

• Select the ‘Tools’ menu, then ‘Options’

• Click on the ‘Privacy’ icon
• Find the ‘Cookies’ menu and select the options appropriate for you

For?Microsoft Internet Explorer:

Select the ‘Tools’ menu, then ‘Internet Options’
Click on the ‘Privacy’ tab
Select the level desired using the slider

For?Opera?6.0 and higher:

Select ‘Files’ > ‘Preferences’
Privacy

If the user uses another web browser, he/she should review the software’s options for disabling cookies. In general, cookies can be disabled in the ‘Options’ menu of the software. For additional information, the User should study the assistance provided with his/her web browser.

However, if cookies are disabled, the User may no longer be able to (i) access certain areas of the Site or (ii) use certain Services. In addition, our partner’s cookies may be placed on the Site.

Please note that, provided the User’s consent is obtained, the Company’s partners may also use cookies, to which the relevant partner’s privacy policy applies.

Claims

Claims made by the User against the Company may only concern events within the twelve months prior to the date said claims are received. Claims must be made in writing and sent:

– by post to the following address: 410 DMC – Bldg 01 – DUBAI MEDIA CITY – DUBAI – UAE

– or by e-mail to the address provided on the Site.

The Company shall not be required to consider claims sent to it by any other means.
To be valid, claims shall include at least the following information:

– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Service subscribed and the concerned Site;
– the nature of the claim;
– the User’s telephone number as entered into the Site.

Disputes

These General Terms and Conditions shall be governed by applicable law in Saudi Arabia.

In the event of a dispute with respect to the interpretation, performance and/or validity of these General Terms and Conditions that cannot be resolved amicably, the legal principles concerning jurisdiction shall apply.