General Terms and Conditions for Services

§ 1 - Introduction

1. AA Media Services GmbH, Winterthurerstrasse 35, 8370 Sirnach in Switzerland (hereinafter referred to as "AA Media") provides among others, products for mobile phones and other mobile terminal devices, such as Streaming and Download Videos. The products provided by AA Media shall be briefly referred to as "AA Media Products". The purchase of all AA Media Products shall be subject exclusively to these General Terms and Conditions ("AGB").
2. The AA Media Products can be used by all customers in possession of a mobile phone that technically meets the requirements of the desired product, if they are customers of a network services and mobile phone service provider, through which AA Media Products can be used according to AA Media specifications and no younger than 18 years old, the age required for AA Media Products.

§ 2 - Contract Performance

1. If the customer requests by SMS at the number (in short) communicated by AA Media or - in the case of some alternative payment methods - by other means a certain AA Media Product, then this request shall bear the validity of a request to conclude a contract between AA Media and the customer for purchasing that AA Media Product at the valid price in question.
2. AA Media may accept this offer either by transmitting, respectively providing the requested product, or - if a registration is required for that product - by means of a registration confirmation by SMS. AA Media may refuse to accept it without giving an explanation in this regard, according to its own considerations.

§ 3 - Performance Obligation of AA Media

1. AA Media reserves its right to change, terminate, complete and/or totally or partially develop the AA Media Products at any time.
2. Unless it results otherwise from the product offer in question from AA Media or from Chapter 8, then the performance obligation which is incumbent upon AA Media is exclusively represented by providing and - if the AA Media Product is designed and appropriate therefore - sending the ordered AA Media Product to the Customer.
3. In case AA Media provides contents to third parties (see Chapter 8), then the AA Media obligation is to transmit that Content in question following the receipt thereof by the customer in accordance with the AA Media Product in question.
4. As long as an AA Media Product is not expressly presented as being free of charge, there will be other costs for the customer when accessing an AA Media Product.

§ 4 - Subscriptions from AA Media

1. Any subscription may be used by the customers of network services providers and mobile phone services providers expressly mentioned in this regard. Each subscription exclusively includes the Content type presented within the subscription description.
2. The user agrees to an offer by which he commits to conclude a contract along with the request of a service provided by AA Media . AA Media accepts this offer either by (i) sending the ordered service, or (ii) by sending a link where the ordered service can be downloaded by WAP, or (iii) by opening the access to the service for the user.
3. In the case of individual download of services, the contractual relation shall remain valid until the total purchase of the services that are the object of the contract.
4. The contract regarding the subscription shall be held, in principle, for an indefinite period of time. It can be terminated by the user and by AA Media on a working day and with immediate effect. There shall be no refund of payments already made for a period of time of the subscription that has already begun. The user makes use of a possible credit representing the period between the termination date and the end of the settlement period that has barely begun.
5. The termination of a subscription at the end of the subscription period is possible at any time without the need to comply with a notice period in this respect. The termination can be done:
   • by means of the button "Cancel" on the mobile phone (at Membership Manager)
   • by an e-mail to [email protected]
   • by a phone call to the Hotline number: (+41) 44 585 28 53 (local rate)
   • by letter to AA Media Services GmbH, Winterthurerstrasse 35, 8370 Sirnach in Switzerland
6. In order to be able to continue providing the customers the subscription they want and in case of higher costs, for example for production or transfer, AA Media reserves its right to change content items or prices. In isolated situations there can be termination of the subscription. In connection with such cases the customer shall be notified by AA Media . If the customer no longer wishes to continue its subscription under the conditions of higher costs, then he may terminate it.
7. Upon conclusion of subscriptions through alternative payment options provided by AA Media such as credit card payment, shall be valid the conditions indicated by the order procedure described in the case of such payments method on the internet page referred to in Chapter 3. By using such alternative payment method the customer acknowledges the additional conditions communicated in this respect, as being compulsory.

§ 5 - Services Provided by Third Parties

1. In addition to the specific AA Media Products, AA Media company mediates as well some third parties' services. If a customer applies to such a service then an exclusive contract is concluded between the customer and the third party. If this is necessary within the service mediated by AA Media and provided by a third party, the service provision can stand under the premise of giving its consent to transmit his mobile phone number to that third party. In such a case, the customer shall be informed accordingly.
2. For the intermediary services provided by AA Media in this context shall apply and be valid the regulations under these AGB.

§ 6 - Rights and Obligations of the Customer

1. The use of certain AA Media Products requires a customer's registration within AA Media . If the AA Media Product in question is settled by the customer's mobile phone invoice, then the registration shall be made by sending through SMS the order code corresponding to the AA Media product wanted on the short number communicated by AA Media for the mobile phone network used by the customer.
2. If AA Media collects customer's data when concluding the contract, then the customer undertakes to provide truthful data. The subsequent changes regarding these data shall be communicated without any prior request and without delay to AA Media .
3. For most of the AA Media Products it is enough to know the telephone number of the AA Media customer. If for a certain AA Media Product are necessary as well some additional information of the customer, then this product can be accessed only after the AA Media customer has communicated these data.
4. In case a password is communicated to the customer in the context of using the AA Media Products, the customer is obliged to keep this password secret and to take all the necessary measures in order to ensure the security/protection of the password. The password should not be transmitted to a third party.
5. All the products provided by AA Media are protected by copyright, trademark right and other protection commercial rights. The customer is therefore entitled to use the AA Media Products exclusively for private purposes within a use in accordance with the established conditions. The customer is forbidden to transfer the AA Media Products to third parties. An advanced use shall be permitted only in the context expressly approved by AA Media or by the respective partner companies.
6. In the event of a violation by the customer of these AGB, the customer undertakes to compensate all the damages caused to AA Media company through such a violation. The customer undertakes to exonerate AA Media of all the claims of third parties due to his behaviour and to compensate all the damages arising from such situations.
7. The customer shall bear all taxes applicable for its network services provider and mobile phone services for accessing AA Media Products and for their transmission (especially for products that are downloaded by means of a WAP connection by the customer).

§ 6a - Youth Protection

§ 7 - Customers' Protection within AA Media

1. If the customer brings his own contents within an AA Media Product that should be accessible to third parties as well, such as related to a Chat by SMS, the customer guarantees for AA Media the right to present these contents in an AA Media Product in an appropriate form, to publish them and to disseminate them. AA Media shall be entitled to transmit these contents to third parties within the provisions of its services.
2. The customer furthermore undertakes not to transmit within the AA Media Products illegal contents especially belonging to the following types: - contents glorifying violence - sexist, pornographic contents respectively - Nazi contents - contents that may endanger the youth. There shall be specifically prohibited all the contents prejudicial to third parties' rights. The customer is prohibited to use any type of spamming. The customer further undertakes not to transmit data which are set up to cause damages to AA Media or to third parties (for example Trojans, dialers, viruses).
3. In case AA Media finds out that the customer transmits contents prohibited in accordance with these regulations, then AA Media as well as a possible third party duly authorized in this respect by AA Media shall provide immediate deletion, respectively the limitation of such contents and take all the measures in order to prevent further transmission of the contents. In such a case, AA Media is entitled to terminate without any notice all the contracts concluded with the customer. Upon the request of a criminal investigation authority within an investigation proceeding against a customer, AA Media shall communicate within the law context the customer's mobile phone to the responsible authority.
4. AA Media collects and processes the customer's personal data only in the context needed to carry out and to develop the contract concluded with the customer. Therefore it is necessary for most of the AA Media Products to save the customer's mobile phone number in order to provide that product to the customer. For the use of certain Products there is required to provide and save some additional data.
5. In the case of certain AA Media Products third parties shall need to directly transmit contents and services or the direct customer to have access to the contents provided by third parties. To make it possible, AA Media shall communicate the customer's mobile phone number to certain third parties.
6. Apart from the purpose of transmitting AA Media Products, the customer's personal data shall not be communicated, as long as the customer has not been informed in this regard and has not expressly agreed to this. By accessing AA Media Products, the Customer expresses its interest in obtaining information related to other AA Media Products as well. The customer can at any time withdraw its consent to receive information about AA Media Products.
7. AA Media draws its customers' attention to the fact that transmitting personal data (for example name, mobile phone number) to other AA Media customers within the AA Media Products (for example Chat by SMS) shall not be allowed under the legislation of personal data protection.

§ 8 - Customer's Contents within the AA Media Products

1. It is expressly outlined the fact that a Content submitted by the customers within the AA Media Products provided to that effect shall not be considered to be a Content of AA Media . The customer making the transmission leaves to AA Media the arbitrary decision regarding when, how and in what context it will provide access for other customers to the Content, respectively when, how and in what context it will transmit it to them. If AA Media makes reference or provides a link on its website or in other positions within AA Media Products to foreign contents, these principles shall continue to apply accordingly.
2. AA Media is entitled to totally or partially change the products including contents of third parties, at any time, without any prior notice.

§ 9 - Payment of AA Media Products

1. Payment by mobile phone. If the customer has concluded with its network services provider and mobile phone services provider a long-term contract then its payment obligations resulting from accessing AA Media Products shall be settled by its mobile phone network invoice. For credit customers, having the so-called "Pre-Paid", the payment obligations which became due for the customer from accessing AA Media Products shall be directly withdrawn from the Pre-Paid credit card. The same applies to the payment procedures required by third parties (for example mobile phone services providers).
2. Alternative payment possibilities. In case of payment by means of alternative payment methods, retaining the payment amounts shall be made by the appropriate partner, such as the company providing service such as credit cards.

§ 10 - Warranty for AA Media Products

1. AA Media diligently works in order to ensure a high quality standard. However, if an AA Media Product proves to be incorrect once, then the warranty rights according to the law shall be entitled to the customer. If an AA Media Product proves to be defective, the customer shall inform AA Media without delay by submitting its phone number, the order date for the product in question as well as regarding the delivery date. This can be done by the means listed in Chapter 4, Point 5).
2. AA Media does its best to provide the latest and the most functional products available. To make this possible regular controls and maintenance works are needed that could affect the possibility of accessing certain or all the AA Media Products. In case of transmitting contents and services from third parties there can be encountered temporary transmitting difficulties. AA Media permanently works for the customer's interest so that the break periods to be as short as possible. The customer approves the emergence of some possible damages that may derive from such situations without raising any claims for compensation from AA Media .

§ 11 - Assuming Responsibility

1. AA Media shall assume unlimited responsibility in case of law infringement due to malicious acts, gross negligence acts or in case of impairment of life, body or health of a person. Furthermore AA Media takes responsibility only in case of negligent impairment of the performance of the contract, of the main obligation of AA Media , its employees, representatives and its performers. In this case the obligation for compensation of damages by AA Media shall be limited only to direct and predictable damages. Compensation for not typical indirect and subsequent damages shall not be carried out.
2. AA Media does not operate its own mobile phone network. For these reasons the services of third parties are necessary in order to use the AA Media Products (for example the customer's network services provider and mobile phone services). In case of technical difficulties experienced by third parties, there can be transmission closures or temporary stop of AA Media Products or certain parts thereof. In this respect AA Media has no influence. AA Media expressly outlines that it cannot guarantee the SMS reception by the customer nor the receipt of the product from the technical point of view.
3. AA Media shall not be responsible if the Content transmitted by the customer within the products referred to contains harmful data. (for example viruses).

§ 12 - Termination

1. The customer can terminate the contract as follows:
   • by means of the button "Cancel" on the mobile phone (at Membership Manager)
   • by e-mail to [email protected]
   • by a phone call to the Hotline number: (+49) 0800 0000 557 (local rate)
   • by letter to AA Media Services GmbH, Winterthurerstrasse 35, 8370 Sirnach in Switzerland
2. In case of termination the mobile phone number shall be mentioned as we cannot otherwise assign the termination to the appropriate subscription.
3. The contract concluded between AA Media and the customer can be terminated by both contracting parties at any moment without providing any reasons according to Point 1.
4. An indefinite period termination from AA Media is possible if the customer fails to properly use the AA Media Products in breach of the most important contractual obligations in the context of their use.
5. The termination of a subscription is possible at the end of the subscription period at any time, without observing in this case a notice period for termination.

§ 13 - Applicable Law / Jurisdiction