Entire Agreement

This agreement constitutes the entire and only agreement between the parties relating to the subject matter of this agreement and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating to or in connection with this agreement.

Definitions

In these License Terms:

• "Content" means logos, ring tones, video clips, games or other such content for mobile devices available on the web, on a wap site or via a shortcode
• “Premium Content” means Content that can be ordered at an additional cost to the standard network charges
• “Network Provider” means the mobile operator providing You with your mobile phone service.
• “Premium SMS service” means Reverse-billed or Mobile Originated premium rate SMS, delivering content to mobile telephone handsets for a charge.
• "Website" means the site of Filmnight Limited at www.filmnight.com.
• "We" "Us" or "Our" means Filmnight Limited.
• "You" or "Your" means the customer.
• “Use” means download, store, display and/or run the Content on Your mobile device; additionally, You may make one copy for back-up purposes only.
• "WAP Site" means a WAP site accessed via a mobile device and managed by Us

Acceptance

These License Terms govern your Use of the Content. Downloading and Using Content constitutes acceptance of these License Terms

Our Agreement allows only You to Use the Content and You must not transfer the Content to any other person(s). You will be in breach of intellectual property right laws if You do this.

Content

We will try to make sure the Content reaches You, but sometimes this may be affected by factors We cannot control, for example, interruptions to Our services due to faults in networks or third party suppliers and We will not be liable for any delay caused by them.

In addition We will not be liable to You in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:

• You have provided an incorrect phone number or other incorrect information.
• Your mobile device does not support the Content.
• Your message mail box is full and has no additional memory to receive the Content.
• Your mobile device is out of range or for some other reason cannot be contacted.
• You accidentally erase Content provided to You.
• You supply any material or instructions which is incomplete, incorrect, inaccurate, illegible or in the wrong form.

We can assure You that

• Provided You have properly downloaded it, You have the right to Use the Content as set out in these License Terms.

If once You have downloaded Your chosen content it seems to be defective or malfunctions please contact Us by emailing customerservices@filmnight.com. or by calling Customer Services on 08707 66 34 66(charged at National Rate).

Ordering

You may order content by using SMS . If You order the Content using SMS You will be charged the price indicated for the content as displayed on the promotional material ,Web/WAP Site, inclusive of VAT at 17.5% You will also be charged the standard cost of the SMS text message by your Network Provider, please check with your Network Provider if You are unsure of the network rates for SMS text messages. You must be 16 years of age or older to order Content. The cost of the SMS will show up on Your Network Provider’s bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the SMS order method You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number used to make the order irrespective of whether You choose to download the Content. You will be charged at the normal operator charge for a text message for sending this message.
You will also be charged standard GRPS costs for downloading Content. You must check with your Network Provider if you are unsure of the cost.
All prices are expressed inclusive of VAT payable unless otherwise stated. If there is anything You do not understand, or if You want more information please contact Us.
Once the payment has been made in accordance with the instructions above, we will initiate the download process. You need to save the Content from the text following the onscreen instructions of your phone. You will be sent a text with a download link. Select this link and follow the onscreen instructions of your phone to download the Content from our download location. Provided Your mobile device is compatible, Your Network Provider accepts the Content and is operating an uninterrupted service, we should be able to download to You in a matter of seconds but it may take longer in some cases.

If after 1 hour of Your Order, the Content has not been sent to Your mobile device, please contact Us by ringing 08707 66 34 66(charged at National Rate) or by emailing customerservices@filmnight.com.

WAP Sites

When accessing a WAP site managed by Us You agree on Your own behalf and on behalf of each entity and person on whose behalf You act to be bound by this Agreement.
The terms and conditions of Your mobile service provider will continue to apply when accessing the WAP site in addition to those in this Agreement.
The WAP sites can be accessed by any WAP-enabled handset. If Your handset is not WAP-enabled You will not be able to access this service.
You may be charged for receiving the link to access one of our WAP sites. In this case, this and the cost of the service will be clearly indicated in the description of the service and you will receive a Premium SMS that will again state the cost incurred to You.

Filmnight Limited will not charge users for accessing the WAP sites. However Your Operator will charge You for using the mobile internet. You will need to contact Your mobile operator for details of these charges. Premium Content is available on the WAP sites and this will be clearly indicated.

If You are not the bill payer for the mobile phone, You must get permission from the bill payer before accessing the Wap Site and downloading any Premium or non Premium Content from the WAP site.

The WAP site is only available for access, and the Content and Premium Content available for viewing, in the UK by UK residents. You agree not to attempt to view or gain access to the Content or the Premium Content from outside the UK.

Filmnight Limited may suspend, change or withdraw the WAP site for any reason and at any time.

Filmnight Limited do not accept any responsibility whatsoever for unavailability of the WAP sites, or any difficulty or inability to download or access Content or Premium Content from the WAP sites or any technical failure or malfunction or any other problem in any telephone network or line, system, server, provider or otherwise which may result in the service being unavailable.

Liability

To the extent permitted by applicable law, We accept no liability for Content which is not fit for the purpose for which it was ordered or if it is not suitable for Your purpose. We are only liable to You as set out in this Agreement. We have no other duty or liability to You. Our entire liability to You for something We or anyone who works for Us does or fails to do will be limited to the value of Your Order. We are not liable to You in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time You entered into this Agreement. For the avoidance of doubt this includes direct, indirect and consequential loss. We will not be liable to You if We cannot carry out Our duties or provide Our services because of something beyond Our reasonable control. Other than any assurances We have provided in these Licence Terms, all warranties, representations, conditions or other terms either express or implied in relation to this Agreement are excluded and limited to the maximum extent permissible by law.

Personal Information

We may hold a number of items of personal data about You which You provide to Us. This information, and information about the use of Our service, is used by Us and Our partners to provide Our services to You and for research purposes. From time to time We may Use Your details to send You information on offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to Your mobile phone, or by other means. By accepting this Agreement You agree to that use, but You can stop Us, or those other companies, sending You this information at any time by following the instructions displayed in any marketing message You will receive on your mobile, by telephoning 08707 66 34 66 (charged at National Rate)., emailing customerservices@filmnight.com or by writing to Customer Services, Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH. If You wish to know where Your personal information has come from we will provide You with the relevant information upon Your request in writing along with a fee of £10.00 to cover administration costs. The address to send this to is Customer Services, Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH.

General

This Agreement is personal to You and it does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999. This Agreement shall be governed in all respects by, and construed in accordance with, the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales .

Fair Use Policy

This policy is designed to protect FILMNIGHT.COM and You, as a customer. FILMNIGHT.COM reserve the right to cancel a service, if You are deemed to have abused the service. "Abuse of the service" is defined as excessive Content requests which leads to over-allocation of system resources.

Cancellation

In the unlikely event of You wishing to cancel this Agreement, You may do so within 14 days of the Order ("Cancellation Period"). Due to the nature of this product once the Content has been downloaded on to Your phone we cannot provide refunds unless it is downloaded through a fault of Our own. You understand that Our performance of this Agreement will begin before the Cancellation Period and that We may not refund You in full if You decide to cancel this Agreement after the Content has been downloaded to Your mobile device. If You wish to cancel this Agreement, please tell Us by emailing customerservices@filmnight.com, calling Customer Services on 08707 66 34 66 (charged at National Rate).You may be contacted by Filmnight with further info/offers. To unsubscribe write. Customer Services, Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH. Your feedback is important to Us. In the unlikely event of You being dissatisfied with the service You receive, please contact us.

Distance selling regulations

1. You agree that the provision of Services or Content will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel such Content and/or Services once it has been delivered to you.
2. This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
3. Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH. Vat number: 805791026 Reg no: 4371159
4. Description of Goods. The goods and services sold or provided pursuant to these Terms comprise items either selected from those available on our Website, WAP sites, Premium SMS services or created by us to your order.
5. Price. The price of items purchased our Website, WAP sites, Premium SMS services shall be the price advertised on our Website, WAP sites or any related promotional material at the time of purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time, plus delivery costs.
6. Delivery Costs. All items viewed or purchased using WAP will incur a "WAP over GPRS" delivery charge at the rate described in your Network Provider tariff
7. Payment. Payment for any item purchased pursuant to these Terms must be made as specified at the time of placing the order and prior to delivery.
8. Price Validity. The price of any Content or Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
9. Duration of Contract. Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms.

Competitions

All competitions can be entered by text message or by posting the correct answer with Your name, address and contact information to Competition Entry, Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH.
Competitons are open to UK and Republic of Ireland residents except employees of filmnight limited and their affiliated companies, their families or agencies or anyone connected with the promotion.
Prizes will vary from competition to competition and are non-transferable.
Entrance price is £X amount as stated plus Your standard network. Text messages from the U.K. normally cost between 10p - 12p. Charges are dependent on Your network operator and monthly contract.
No cash alternative is available.
Winners may be required to participate in publicity.
Players under 16 must have parents/guardian's permission to take part.
filmnight limited does not accept responsibility for delays in receiving or delivering of text messages due to mobile operators.
The promoters reserve the right to terminate, amend or extend this promotion in wholly exceptional circumstances outside their control.
Under no circumstances shall Filmnight limited be liable for direct, indirect, or incidental damages resulting from Your use of information, commentary, advice or other content on the website.
filmnight limited cannot be held responsible for the content of any externally linked web sites.
Competition winner will be selected once the competition closes and will be contacted within 21 days of the closing date.
If a prize draw the winner will be selected in the form of a prize draw of all correct answers.
The winner will be selected by a third party and will be contacted by phone.
Filmnight.com, 3rd Floor, 32-38 Saffron Hill, London. EC1N 8FH.