By accessing or using the services ("iPhoneMMS" or "the Services") available on this website ("this Site"), you acknowledge and accept that you have read and understand and are bound by the contents of the following Terms and Conditions.
This site is operated by a private individual and has no affiliation with Telefonica O2 or Apple Inc. By using this service you confirm you acknowledge that you are providing your details to a third party in order for them to provide you with the service.
If you do not understand and agree with, or do not wish to be bound by, any of these Terms and Conditions, you may not access or use the Services or Site.
The Services are only available within the UK to customers on the O2 Mobile Network. By accepting these conditions you warrant and represent that you are a UK registered national or UK registered company.
We may, at any time, change, modify, add to or remove part or all of these Conditions. You should therefore check these Conditions periodically to see if they have changed. Your continued use of the service will be deemed to constitute acceptance you of any such changes.
We provide users with access to services for the viewing, manipulation and transmission of MMS messages. You acknowledge that for the purposes of these terms we do not send MMS messages, or cause the message to be sent but merely provide an interface to enable sending of such messages. We accept no responsibility for the content of any MMS messages sent or received.
You understand and agree that the iPhoneMMS service is provided "as-is" an without warranty and that no responsibility is assumed for the reliability, mis-delivery, deletion or failure to store any communications or settings. You are responsible for any fees levied by a third party incurred in accessing the service including but not limited to airtime charges or service provider fees.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In consideration of your use of the Service you agree to provide current, accurate and complete information about yourself as required by the registration process. If you provide any information that is untrue, inaccurate or incomplete we reserve the right to suspend or terminate your account and refuse any and all current and future use of the services.
Your use of the Service is initiated by using your mobile number and MMS PIN as identification. You undertake to maintain the confidentiality of this MMS PIN and acknowledge that we are a third party for the purposes of your terms of service with O2 and you are not providing your MMS PIN to an O2 site.
You understand and agree that all information, text, graphics or other elements ("Content") are the sole responsibility of the person from which the Content originated. This means that you are entirely responsible for all Content that you transmit or otherwise make available through this service. We do not control, and as such, do not guarantee the accuracy, legitimacy or quality of such Content. Under no circumstances will we be liable in any way for Content including, but not limited to, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the Content transmitted or otherwise made available through the service.
You agree that you will not use the service, attempt to use the service or knowingly allow the service to be used in any way;
You agree not to use this service other than in the manner and with the device (Apple iPhone) for which is was intended included but not limited to emulating the official MMS Photo Messaging application.
You agree not to attempt to reverse engineer, or otherwise use the service other than through the interface provided at iphonemms.net, the "MMS" application available from the iTunes App Store, or the developer APIs provided (if you are authorised to use these).
You acknowledge that we and our partners, including but not limited to upstream providers used for onward transmission of MMS messages and Content are not required to, but may, screen Content to monitor compliance with these terms.
You acknowledge and agree that we may preserve Content and disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to;
We will never resell or distribute your stored data, personal details or uploaded Content.
MMS message credits are non-refundable under any and all circumstances. In the case of non-delivery, if investigation as to the cause of the non-delivery is required, you must agree to pay any administrative charges levied by the delivering mobile network incurred by the investigation. Such charges may be estimated by us and charged in advance, with any refunds made after the final costs have been levied by the mobile network concerned. In any event, the outcome of such investigations will not result in the refund of any credits relating to failed messages.
You agree to indemnify and hold us, and any affiliates or partners, and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THE OPERATOR OF THIS SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
You agree that we, in our sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently within the letter or spirit of these terms. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms may be effected without prior notice and any remaining credit balance be deleted, without refund. Further, you agree that we shall not be liable to you for any termination of your access to the Service.
These Terms and Conditions constitute the entire agreement between you and us and exclude any representations and warranties previously given or made
The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect.
© 2007-2010 Ross McKillop | This site is in no way affiliated with Apple Inc or O2.
This service is provided as is and without warranty.
MMS Credits are purchased from Ossian Telecom Limited.