Terms and Conditions

1. Your relationship with ANL

"ANL" means Associated Newspapers Limited, part of the Daily Mail & General Trust (DMGT) group. We are registered in England and Wales under company number 84121 and have our registered office at Northcliffe House, 2 Derry Street, London W8 5TT.
Your use of ANL's products, software (including the Messaging Software), services and websites (referred to collectively as the "Services" in this document and excluding any services provided to you by ANL under a separate written agreement) is subject to the terms of a legal agreement between you and ANL. "ANL" means Associated Newspapers Limited. We are registered in England and Wales under company number 84121 and have our registered office at Northcliffe House, 2 Derry Street, London W8 5TT. "Messaging Software" means a product which allows you to use the internet services on your mobile phone or PDA to send text based messages to other users, to click links to information and to invite new users to do the same. This document (the "General Terms") forms part of an agreement between ANL and you. The General Terms, together with any legal notices applicable to the Services that can be read either within, or through your use of, that Service (the "Additional Terms"), form a legally binding agreement between you and ANL in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Acceptance of Terms

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by ANL in the user interface for any Service; or
(b) actually using the Services. In this case, you understand and agree that ANL will treat your use of the Services as acceptance of the Terms from that point onwards.
Before you continue, you should print off or save a local copy of the General Terms for your records.

3. Provision of the Services by ANL

You acknowledge and agree that the form and nature of the Services which ANL provides may change from time to time without prior notice to you, and that ANL may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ANL's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ANL when you stop using the Services.

4. Use of the Services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ANL will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to:
(a) access (or attempt to access) any of the Services by any means other than through the interface that is provided by ANL, unless you have been specifically allowed to do so in a separate agreement with ANL;
(b) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services); and
(c) unless you have been specifically permitted to do so in a separate agreement with ANL, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that ANL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ANL may suffer) of any such breach.

5. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to ANL for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify ANL immediately at info@mailtxt.org.

6. ANL's Privacy Policy

For information about ANL's data protection practices, please read ANL's privacy policy at http://www.mailtxt.org/popup/privacy.php. This policy explains how ANL treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with ANL's privacy policies.

7. Content in the Services

You understand that all information (including data files, written text, computer software, photographs or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ANL (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ANL or by the owners of that Content, in a separate agreement. ANL reserves the right (but shall have no obligation) to review, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that ANL has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ANL may suffer) by doing so.

8. Proprietary rights

You acknowledge and agree that ANL (or ANL's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ANL and that you shall not disclose such information without ANL's prior written consent. Unless you have agreed otherwise in writing with ANL, nothing in the Terms gives you a right to use any of ANL's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. ANL acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ANL, you agree that you are responsible for protecting and enforcing those rights and that ANL has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorised to do so in writing by ANL, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Licence from ANL

ANL gives you a personal, royalty-free, non-assignable and non-exclusive licence to use the software (including the Messaging Software) provided to you by ANL as part of the Services as provided to you by ANL (collectively referred to as the "Software" below) on a single mobile phone or PDA. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ANL, in writing. Unless ANL has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Software updates

The Software which you use may be updated from time to time by ANL. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Such updates may be downloaded and installed by you on your mobile phone or PDA as they become available as part of your use of the Services. You acknowledge that ANL shall have no obligation to notify you in respect of such updates or to deliver these to you.

11. Ending your relationship with ANL

The Terms will continue to apply until terminated by either you or ANL as set out below. If you want to terminate your legal agreement with ANL, you may do so by: (a) notifying ANL at any time; and (b) closing your accounts for all of the Services which you use, where ANL has made this option available to you. Your notice should be sent, in writing, to ANL's address which is set out at the beginning of these Terms. ANL may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) ANL is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the partner with whom ANL offered the Services to you has terminated its relationship with ANL or ceased to offer the Services to you; (d) ANL is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; and/or (e) the provision of the Services to you by ANL is, in ANL's opinion, no longer commercially viable. Nothing in this Section shall affect ANL's rights regarding provision of Services under section 3 of these Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ANL have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 17 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Exclusion of Warranties

The Services are provided "as is" and ANL, its subsidiaries and affiliated legal entities ("Subsidiaries and Affiliates") and licensors give you no warranty with respect to them. In particular, ANL, its Subsidiaries and Affiliates and licensors do not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable; and/or (d) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

13. Limitation of Liability

Nothing in these Terms shall exclude or limit ANL's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the above, ANL, its Subsidiaries and Affiliates and its licensors shall not be liable to you for: (a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (b) any loss or damage which may be incurred by you as a result of: a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; b. any changes which ANL may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); c. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; d. your failure to provide ANL with accurate account information; and/or e. your failure to keep your password or account details secure and confidential. The limitations on ANL's liability to you as set out above shall apply whether or not ANL has been advised of or should have been aware of the possibility of any such losses arising.

14. Advertisements

Some of the Services may display advertisements and promotions. The manner, mode and extent of advertising by ANL on the Services are subject to change without specific notice to you. In consideration for ANL granting you access to and use of the Services, you agree that ANL may place such advertising on the Services.

15. Other content

The Services may include hyperlinks to other web sites or content or resources. ANL may have no control over any web sites or resources which are provided by companies or persons other than ANL. You acknowledge and agree that ANL is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that ANL is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16. Changes to the Terms

ANL may make changes to the General Terms or Additional Terms from time to time. When these changes are made, ANL will make a new copy of the General Terms available on ANL's websites and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, ANL will treat your use as acceptance of the updated General Terms or Additional Terms.

17. General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and ANL and govern your use of the Services (but excluding any services which ANL may provide to you under a separate written agreement), and completely replace any prior agreements between you and ANL in relation to the Services. You agree that ANL may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if ANL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ANL has the benefit of under any applicable law), this will not be taken to be a formal waiver of ANL's rights and that those rights or remedies will still be available to ANL. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that Subsidiaries and Affiliates of ANL shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with ANL under the Terms, shall be governed by English law. You and ANL agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ANL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.