The T-Mobile Text Play and Text Chat (including Match and Chat) Services (the "Services") are services provided to you by T-Mobile (UK) Ltd ("T-Mobile"). By using these Services you are indicating that you have read and agree to be bound by the following special terms and conditions of use in addition to the terms and conditions you are already subject to as a T-Mobile customer.
1. We may amend these terms at any time, but we will notify you if we do. Use of the Services constitutes acceptance of the currently available terms at that point in time.
2. You acknowledge that all information whether textual or otherwise ("content"), appearing on or available through the Services whether provided by us or posted by any third party content supplier or user of the service, is the sole responsibility of the party from whom the content originated.
3. Access to and use of Text Chat is restricted to persons 18 years of age and over.
4. By using the Services, especially Text Chat, you accept that you may be exposed to content posted by third parties that you may find offensive, indecent or objectionable. You must use your own discretion in accessing the content as to whether you may be harmed by such content. We are not responsible for such third party content.
5. We are not obliged to monitor or control the content of any messages posted, transmitted or otherwise made available to you by any third party. However, we reserve the right to do so, and may delete or remove any content (including chat room names) at our discretion and without notice. Except for the content that we generate or expressly take responsibility for, we shall be considered a mere conduit of any other content transmitted or accessed through the Services.
6. You agree not to use any part of the Services to:
(a) Transmit, send or make available any content that is unlawful or immoral. This includes but is not limited to content that is harmful, threatening, abusive, harassing, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially or ethnically objectionable;
(b) Transmit, send or make available any content that you do not have the right to transmit under any law, contractual or fiduciary relationship; and
(c) Transmit or send any unsolicited advertising, marketing or promotional materials, "spam", "junk mail" or "chain letters".
7. We reserve the right to remove or disable access to information transmitted, sent or otherwise made available in breach of the above terms. We may also remove you from the Services without notice if we have reason to believe that you have transmitted anything, or have otherwise acted in breach of the above terms. If you are removed from the Services for the use of, for example, an obscene name, or if we become obliged, in our reasonable opinion, to replace your nickname with something less offensive, you forfeit any right to a prize you may otherwise have been awarded.
8. You agree to indemnify us and our subsidiaries, partners, affiliates and employees for any claim made against us by a third party as a direct or indirect result of:
(a) any content you transmit, post or otherwise make available; or
(b) any violation you cause of third party rights.
9. We make no representations whatsoever as to the accuracy, completeness, continuous supply or reliability of content. We will not be liable to you in any way for any errors or omissions in content, or for any loss or damage you incur when using or relying on the content available through the Services.
10. Furthermore, we will not be responsible for any failure to deliver text messages to you if your phone is not switched on, you are not within network coverage, any competition or promotional answer is not in the correct format, your message box is full and cannot receive further messages, or for any other reason that is beyond our control or the control of any third party who is attempting to deliver the message. You acknowledge that your ability to send messages may also be adversely affected by network congestion, network coverage, weather conditions and other matters outside of our control.
11. We may withdraw or amend any part of the Services at any time and without notice, for any commercial, technical or operational reasons.
12. The following terms and conditions also apply to any competition or promotional activity that T-Mobile may offer as part of the Services. These terms are to be read in conjunction with any other terms specific to the actual competition or promotion made available:
(i) Any prize offered by T-Mobile through a competition or promotion accessible through the Services may itself be subject to further terms and conditions, depending on the nature of the prize;
(ii) Monthly prizes will be awarded to that player who achieves the highest score playing a particular game, during that specific calendar month, and who enters a nickname for inclusion in the monthly high score list. Failure to enter a nickname in the monthly high score list will exclude you from being able to win a prize, regardless of the score you achieved. The nickname information will be used to identify prize winners;
(iii) The monthly high score lists will be re-set to zero at the beginning of each calendar month;
(iv) Prize winners will be telephoned and will be asked to provide an address for delivery of the prize. Where the winner's mobile phone is not answered, or is out of coverage, T-Mobile will (where possible) leave a message requesting the winner to contact T-Mobile to claim their prize. Prizes not claimed within 8 weeks will be forfeited. Where a message cannot be left on the winner's mobile phone, for whatever reason, T-Mobile will use reasonable endeavours to contact the winner over the next 7 days. If unsuccessful, or if a message cannot be left during this time, the prize will be forfeited.
(v) Prizes will only be awarded to players:
who are ordinarily resident in the UK;
whose T-Mobile account is not in arrears; and
who do not enter vulgar, obscene or inappropriate nicknames in the monthly high score list.
(vi) Employees of T-Mobile and their immediate family members are not eligible to enter the competition;
(vii) T-Mobile reserves the right to offer substitute prizes of an equal or greater value to those initially offered;
(viii) No cash alternative will be available unless the contrary is explicitly stated as part of that particular promotion;
(ix) Competition winners may be required to take part in or co-operate with any reasonable publicity;
(x) Details of the winners will be available upon request in writing;
(xi) The judge's decision is final, and no correspondence will be entered into;
(xii) The promoter of the competition is T-Mobile, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1EA.