Article 1 – Applicability
1.1 In addition to the terms and conditions mentioned on the website (‘Promotional Terms and Conditions’ and ‘Users’ Terms and Conditions’), the General Terms and Conditions below apply to and form part of all offers for the digital and other services provided online by Crosmo via the networks of mobile communication operators (‘the Operator’), with which the end user has taken out a subscription (‘Mobile Subscription’) (even if the services are not described, or are not described in further detail, in these terms and conditions). The digital and other services provided online by Crosmo include games, text messages, sound and/or image files and/or similar services (‘the Content Services’) that are delivered via the Operator’s network, inter alia by Short Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’).
Article 2 – Delivery of Content Service
2.1 The end user requests the content service from Crosmo. The content service is delivered by the Operator’s service and network to the end user.
Article 3 – Costs
3.1 Offers or quotations mentioned in advertisements or on www.quizir.com (‘the Website’) are without obligation, unless the offer expressly specifies otherwise in writing.
3.2 The Costs will be charged by the Operator or debited from the end user’s credit in case of a prepaid subscription. The end user gives express authorization for this purpose and warrants that the Costs can be collected.
3.3 Costs can be charged for every message that is sent or received, depending on the type of message and/or payment method. The standard costs for sending SMSs (i.e. text messages) as indicated by the operators are applicable to all messages that are sent and received. A one-off registration charge may also apply. More information about the rates and payment method for the use of the service in a particular country can be found under the FAQs and/or the Users’ Terms and Conditions.
Article 4 – Price Adjustments
4.1. Crosmo is always entitled to implement price adjustments after giving notice on the Website. Existing end users will receive notice by SMS one week before the price adjustment. If end users continue using the services of Crosmo or register after the date on which the price alteration is introduced, the alterations will be regarded as accepted.
Article 5 – Termination and Cancellation
5.1 The methods of terminating the delivery of the content service are stated under the Users’ Terms and Conditions. The service can only be terminated in the manner as set out in the Users’ Terms and Conditions.
5.7 Crosmo reserves the right to replace any product with an equivalent alternative product without prior notice.
Article 6 – Intellectual property
6.1 Unless otherwise stated in these General Terms and Conditions, all copyright, patent, trademark, drawing, model and/or other intellectual property rights relating to the content services and/or the Website vest in Crosmo, its suppliers or other entitled parties.
6.2 Crosmo grants the end user a limited, non-exclusive, non-transferable and revocable right of use to download, receive and/or consult content services.
6.3 Unless Crosmo explicitly states otherwise, the end user is not permitted to reproduce, change, execute, transfer, distribute, sell, use for derived products, or in any other way use the downloaded or received content services, without Crosmo’s prior written consent for this purpose.
6.4 The end user indemnifies Crosmo and its officials, management, employees, suppliers and information provider of third parties against damage and risks and accepts liability towards Crosmo and its officials, management, employees, suppliers and information provider of third parties for the consequences or infringement of intellectual property rights of Crosmo or third parties, breach of these General Terms and Conditions arising from the unauthorized use of our services or conduct.
Article 7 – Liability
7.1. Use of the content services and the Website of Crosmo is at the end user’s risk. Crosmo strives for the undisrupted use of the content services. Crosmo cannot warrant that the content services will meet the end user’s requirements or that downloading, receiving and/or consulting the content services will remain undisrupted or error-free.
7.2 The end user recognizes in connection with mobile telecommunication services that the ability to make a connection, maintain a connection and the quality of a connection is not the same or adequate at every time and place and that the content services may be adversely affected or become temporarily unavailable because of interference caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s network.
7.3 If the end user is unable to enjoy undisrupted use of the content services at any time, this will not entitle him or her to a price reduction for the content services or to a refund for the amounts already paid.
7.4 Crosmo will never be liable for damage, such as but not limited to the infection or corruption of the hardware and/or software used by the end user, resulting from access to the Website or the use of the content services, which includes the downloaded content services and the hardware and software needed to make a connection. The end user must take his or her own measures to avoid such incidents.
7.5 If Crosmo is nevertheless liable to compensate the end user, for any reason whatsoever, the compensation will never exceed the invoice amount for the content services which caused the damage.
7.6 The content of the Website has been compiled with the greatest care. However, Crosmo can give no guarantees as to the nature, accuracy or content of that information. Crosmo is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the repercussions of the information point concerned.
7.7 The end user may not send any messages that are infected and/or corrupted, unlawful, harmful, threatening, vulgar, degrading, repulsive, that infringe privacy or which are objectionable in any other way to Crosmo and indemnifies Crosmo for all direct or consequential damage caused by sending such messages.
7.8 The end user must be at least 18 years old. If you are not responsible for paying the mobile telephone account or are younger than 18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer, etc.) before you register and/or participate in the service. By registering and/or participating in the service, Crosmo assumes that the end user has obtained the necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.
Article 8 – Data Processing
8.1 Crosmo gathers and processes (i.e., among other things, gathers, keeps, consults, provides to third parties, classifies and links) certain personal and traffic data of the end user.
8.3 Crosmo reserves the right to use all of the end user’s data (mobile number, e-mail address, etc.) for additional promotional purposes.
Article 9 – Choice of Law
9.1 The use of the content services, agreement and website is subject to the laws of the country in which the campaign is conducted. The failure of Crosmo to exercise or enforce rights or provisos of the General Terms and Conditions will not constitute grounds for dispensing with these rights or provisos. If a proviso in the General Terms and Conditions is held to be invalid by a district court with jurisdiction, the parties are agreed that the district court must try to give effect to the intention of the parties as set out in the provisos, insofar as this is permitted by law, and the other provisos of the General Terms and Conditions will remain fully in force.
9.2 All and any disputes will be exclusively settled by the competent court in Amsterdam.
Article 10 – Final Provision
10.1 Crosmo reserves the right to amend these General Terms and Conditions from time to time. End users will be informed of the amendments by means of a message on the Crosmo website. These amendments will be regarded as accepted if end users continue to use or download the Glomobi services after the date specified for their introduction.
10.2 These General Terms and Conditions can be requested from Crosmo at any time.
10.3. Crosmo B.V. has its registered office in Amsterdam and is registered at the Chamber of Commerce under number 34259486, VAT no. 817234676B01 .