Legal Information

This document sets forth the Terms and Conditions which regulate services rendered by and products offered by Marketing & Billing Solutions SL, with its registered office at Avenida de la estación, 6, 4ºC - 02001 Albacete, Spain, VAT: ES B02462158, contact email luis@coolmobile.com. By downloading or using any of the products and services offered by said company, you agree to comply with the General Term & Conditions set out below.

If you do not agree to be bound by these Terms and Conditions or by the Privacy Policy, please refrain from using this site because we cannot render you our services.

In order to use this website, you affirm that you are at least eighteen (18) years of age or over the age of majority in the jurisdiction where you reside. If you are under the age of majority, then you are not permitted to use this website. To prevent minors from accessing this website in accordance with Article 8 of Spanish Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services (LSSICE), all our web pages are linked ONLY from websites for adult audience. Moreover, they have been registered just in directories which cover the same topic.

In order to ensure that minors do not access this website, we have taken the following measures:

A notice is shown telling that minors must leave the pages of our sites because they are web pages for adult audience. Beside this, they are protected by the minor protection system ICRA and the systems [Cyberpatrol] - [Cybersitter] - [Net Nanny].

Thanks to them, parents can automatically prevent their children from watching these types of non-recommended contents.

In order to ensure that no accidental error takes place due to arbitrariness of search engines which use indexing web pages and that our web pages are not obtained as result of some words not associated directly to adult contents, we control constantly the logs coming from our web beacons where it is clearly reflected each of the keys entered by users into the main searchers.

Our web pages reject some practices such as rape and paedophilia. One of our main objectives is to collaborate with all kind of organisations as far as possible to defend Human Rights in order to combat these types of crimes.

We assume no responsibility for contents of third-party hyperlinked websites. Nevertheless, we try to control them repeatedly and we will report to authorities clear cases of illegality such as exploitation of minors or promotion of violence.

The author of these web pages assumes no liability for the content advertised by third parties through our web pages. Most of them are data transmission services on request.

It is also advertised mobile messaging utilities or free electronic press delivery in order to collect email addresses by the responsible people of said service but we do not assume any responsibility.

We do not approve and we do not send unsolicited emails for advertising purposes, inappropriate advertising of newsgroups, email lists or nothing considered as “spam”.

This website does not collect users’ personal information, providing total transparency and complete privacy when entering their data. These files are for private use and will never be shown to third parties, unless they are required by the competent authorities.

1. SERVICES

Marketing & Billing Solutions SL offers services and downloading of entertainment contents through WEB, WAP and SMS services for compatible mobile phones and/or PC. The services offered can involve accessing third-party products and services.

Promotion: Depending on the kind of promotion, the organising company can provide free contents as incentive for users’ subscription.

Download services for PC: users request downloading contents directly to their PCs by sending a SMS through their mobile phones to a premium-rate telephone number. This SMS consists of a key word followed by a code which identifies the content to download. Depending on the country, the service can require that a second free SMS is sent to confirm the download. The user receives a SMS which contains a code to be entered into the field provided for this purpose in order to start to download the content automatically. The price of SMS differs in each country and this information is always available in the website (total price of the service in Spain is €4.06 per SMS, VAT included).

Users can also download videos by calling a 905 premium-rate telephone number. This process is similar to the download through SMS and the cost is two calls per code (required to download the video).

Subscription service by credit card – users can choose between the different methods of payment offered to access all videos in the program: €2 per two days, €25 per a month, €60 per three months and €90 for SMS of access. For users’ convenience, credit card subscriptions are renewed automatically for the same period agreed after it has expired, with the exception of €2 access, which is renewed by the minimum amount of 25€ monthly, being this a recurring monthly charge until users cancel their subscription in http://www.cgbilling.com

Subscription service – users apply for a subscription service by sending a SMS which include the word ALTA to a premium-rate telephone number published at that moment or by filling in a web form (Web Pin) online which promote said service. If the subscription is taken out through Web Pin, users have to enter into the website their telephone number and agree the Conditions of the Service. After that, they receive a SMS in their mobile phones which contains an access code to be entered into the web page to complete the subscription process. After entering the access code into the appropriate field of Web Pin, users receive a greeting message to confirm the subscription. This message reminds users that the conditions applicable to the service had been previously accepted by users. These conditions include the nature of the service, cost of text messages and frequency of text message sending, how to cancel the subscription and how to contact the provider of SMS service.

To confirm the subscription, users receive periodically a series of text messages which are credits that allow them to download in their PCs or mobile phones contents and to receive services at a lower rate than the regular rate of the download of such content or service. Moreover, if the subscription is taken out through Web Pin, users not only take out the subscription for the advertised service, but also participate in the promotion associated to the subscription, if applicable, and which has been advertised.

Marketing & Billing Solutions SL through the SMS provider NRS-GROUP will send users a certain number of messages which allows them to access different contents, services and promotions offered in each case. The total cost of each subscription SMS and the frequency of the sending will be show in the advertisement or in the own Web Pin page which in each case results in the subscription. The user gets 100 credits to download contents per each subscription SMS at a rate of €1.42 of SMS received (VAT included).

At the moment of the subscription, users not only participate in the promotion offered, but also receive 600 credits to download content from the portal.

The service will remain active until users request the cancellation of the subscription. There are different ways to request the cancellation:

By sending a SMS which contains the word BAJA to the same premium-rate telephone number used to request the subscription (if the subscription was taken out through SMS) or to the telephone number from which the user is receiving subscription SMS messages.

The right of withdrawal of received contents is excluded in accordance with Article 102 of the Spanish Royal Decree 1/2007, of 16 November, which approves the consolidated text of the General Law on the Protection of Consumers and Users and other complementary laws.

The cost of any of these services will be invoiced and charged by the mobile telephone operator with which the user has hired the telephone service. If users use pre-pay mobile phones, these services will be charged to the user’s balance.

Pay per minute service: user can access the FAKings member area online by calling an 803 premium telephone number.

2. ACCESS TO SERVICES

Only people of legal age (18 year old) are allowed to request and hire NRS services.

Marketing & Billing Solutions SL do not know nor cannot know users’ personal details related to their goods or services because it is a completely anonymous telematic hiring from the point of view of the service provider, who assume no responsibility if the mobile phone is used by a minor. In any way, Marketing & Billing Solutions SL cannot exercise the parental control which the tutor or heads of household have to exercise over minors who are in their charge. Therefore, we recommend restricting minors’ use of our services. Notice that the holder of the mobile telephone number will be considered as unique responsible for all purposes.

Marketing & Billing Solutions SL does not provide said services for roaming mobile phones. MAB SOLUTIONS provides said services only and exclusively for users of Spanish operators which works in Spain.

Regarding this, users should have the equipment and software required to access to their services, including, but not limited to, mobile phone or another device to access. They should also set up correctly the wap connection to download contents.

Marketing & Billing Solutions SL can stop providing its services in order to carry out system repairs, changes, maintenance or improvement deemed appropriate. It can also modify or stop certain permanent or temporal services provided by it or by third parties.

3. LIMITATION OF LIABILITY

Marketing & Billing Solutions SL should not be held liable for any loss or damage resulting from an inappropriate use of the contents and services provided by Marketing & Billing Solutions SL.

In this regard, users are forced not to misuse Marketing & Billing Solutions SL services and system and to comply with laws and respect all intellectual and industrial property rights. Furthermore, users acknowledge and accept that the use of those services for commercial purpose or for other purposes other than the purposes described in these General Conditions is not allowed.

4. LIABILITY OF Marketing & Billing Solutions SL

Marketing & Billing Solutions SL does not guarantee the quality, accuracy, reliability, correctness or morality of data, programs, information or opinions, whatever their origin, which circulate in their networks o networks which users can use to access Marketing & Billing Solutions SL. Users assume the liability for any consequence, damage or action which could arise from the access to said contents as well as from their reproduction or dissemination.

Marketing & Billing Solutions SL makes no warranties for any technical errors or omissions in any content of Web/WAP pages of third parties available via its website.

Marketing & Billing Solutions SL is not responsible of those cases in which the product or service requested by the user is not delivered or rendered correctly due to causes which are not attributable to Marketing & Billing Solutions SL, including but not limited to those cases where users do not request properly the product or service (failure to write correctly the key words in subscription messages), those cases in which the product is not downloaded because of connectivity problems related to operators or problems in mobile phone settings or incompatibility between the product or service requested and the requesting mobile phone model when Marketing & Billing Solutions SL has previously warned such compatibility.

THE LIABILITY OF Marketing & Billing Solutions SL SHALL BE LIMITED TO THE VALUE OF THE AMOUNT PAID BY THE USER FOR THE SERVICES OFFERED IN ACCORDANCE WITH THESE GENERAL TERMS & CONDITIONS.

Marketing & Billing Solutions SL cannot be liable to users or third parties for direct or indirect facts, events or damages resulting from using contents belonging to Marketing & Billing Solutions SL. This limited warranty and the limitation of liability mentioned above do not affect or prejudice further rights.

5. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

Marketing & Billing Solutions SL Web and Wap sites, its contents, intellectual property rights, the web design and programming are fully protected by copyright. Therefore, their reproduction, release, dissemination and distribution are prohibited, unless they have been previously authorised. Moreover, all distinguished signs showed in the Web and Wap sites are owned by Marketing & Billing Solutions SL or third parties so their reproduction or distribution are prohibited, unless they have been previously authorised by the owner.

Marketing & Billing Solutions SL reserves the right to remove any content, service or utility included in the website which is property of Marketing & Billing Solutions SL.

6. JURISDICTION

These General Terms and Conditions are governed by the laws of Spain. In case of any controversy or dispute arising out of the services rendered by Marketing & Billing Solutions SL or the interpretation and application of these Terms and Conditions are subject to the Courts of Madrid. Both parties (user and Marketing & Billing Solutions SL) agree to renounce to any other jurisdiction which may be applied.

7. PRIVACY POLICY: COLLECTING AND PROCESSING PERSONAL DATA

Personal data provided by users will be included in an automated database which is property and responsibility of Marketing & Billing Solutions SL with Tax ID code B85688034, Avenida de la estación, 6, 4ºC 02001 Albacete, Spain. Such database is dully registered in the General Registry of Data Protection of the Spanish Data Protection Agency.

The processing of personal data mentioned herein concerns all those personal data provided by users to Marketing & Billing Solutions SL at the moment of registering in the web portal, as well as all data provided at the moment of accessing to any service of other pages or services of said company.

Marketing & Billing Solutions SL is subject to comply with its duty of secrecy of personal data and its duty of processing them confidentially. For this purpose, it implements the technical, organizational and security measures required to prevent their unauthorised access, modification, loss or processing, in accordance with the provisions of the Spanish Organic Law 15/1999, of 13 December, on Protection of Personal Data, and any other laws.

Marketing & Billing Solutions SL ensures the absolute confidentiality and privacy of the personal data collected. However, it cannot fully guarantee the absolute invulnerability of its security systems since no security measures installed can be currently unbreakable. Therefore, Marketing & Billing Solutions SL is not liable under any circumstances for the incidents that may affect personal data and result from an attack or unauthorised access to our systems in such a manner that it was impossible to detect by our security systems.

Collecting and processing personal data have the following purposes:

Users give expressly their consents to receive commercial communications in accordance with the provisions set forth in Article 21.2 of the Spanish Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, without involving the transfer of personal data to third parties. Nevertheless, said consent can be cancel at any time. The submission of certain information (telephone number or email address, user number and password) required for user’s subscription in Marketing & Billing Solutions SL websites is mandatory so Marketing & Billing Solutions SL can refuse the subscription if the user does not provide such data.

Users can be requested to add more information to define user’s profile in order to offer certain customised services. If user does not provide such details, Marketing & Billing Solutions SL will not refuse the access to its web page but it cannot provide user with these services. The USER can access her/his data at any time and exercise the rights set forth by law which are listed below:

The interest party may exercise rights to cancel her/his consent or refuse the transfer of her/his data so he/she may exercise rights to access, modify and cancel said data, having the possibility to exercise any of these actions by writing through postal mail or e-mail to the following address:

Marketing & Billing Solutions SL, VAT: ES B02462158

Avenida de la estación, 6, 4ºC

02001 Albacete, Spain

Email - Customers Services: luis@coolmobile.com

In the request, the following information has to be included

Name, surnames, ID number or company to which user belongs, if applicable.

Right to be exercised and information about her/his request

Telephone number / email address on which this right is to be exercised

Address for notification purposes

8. USE OF COOKIES

No personal data are collected from Marketing & Billing Solutions SL Web/Wap sites without previous authorisation and no data is transferred to third parties without previous notice to the user. Any activity of personal data collecting and processing related to the provision of services is governed by the Privacy Policy included in these General Terms and Conditions of provision of applicable services or in the specific policy published in the web page through which personal data have been requested, if appropriate. The number of visited pages, the number of visits, the activity of visitors on the website and the frequency of use are analysed in order to facilitate their uses and to render the best service through these Web/Wap websites.

Marketing & Billing Solutions SL Web/Wap sites use Cookies. They are small files that are created when users access to a website. They are saved in a log directory of Cookies in user’s computer. All Cookies have an anonymous and unique code. Each website can send its own Cookies to users’ browser if the browser settings allow it. However, the browser only grants access to Cookies which have been sent to the user by the own browser and do not accept Cookies which the user has received from other websites in order to protect user’s privacy.

There are two different kinds of Cookies:

Permanent Cookies are those which, as their own names suggest, remain a certain period of time in the user’s computer. Marketing & Billing Solutions SL uses permanent Cookies to collect information about the use of its websites and to use this information as described before. These Cookies do not contain any persona details and do not allow the identification of the user.

Session Cookies are those specific Cookies of a session and are deleted when the user leaves the site. Marketing & Billing Solutions SL use session Cookies for the following purposes: to record additional information provided when using an interactive tool of a website, to record user’s data when he/she logs in the site and to collect information about the use of websites. Likewise, these Cookies do not contain personal data and do not allow the identification of the user.

In any case, the user can decide whether to accept these Cookies through the browser settings (it allows user to accept Cookies, reject them or set an alert before Cookies are installed) or not. Users can request most information by contacting the browser manufacturer. By disabling Cookies, users may not use all the functionality and services of Marketing & Billing Solutions SL.

Any third party such as an advertiser who advertises banners or hyperlinks in Marketing & Billing Solutions SL pages can also use Cookies. They record what advertisements have been shown previously to the user. These Cookies do not belong to Marketing & Billing Solutions SL but to the company which publishes the advertisement. Therefore, Marketing & Billing Solutions SL is not responsible neither for contents of third-party websites nor for the use or introduction of Cookies by them.

Marketing & Billing Solutions SL IS NOT RESPONSIBLE FOR CONTENTS OR PRIVACY POLICY OF THIRD PARTIES WHOSE WEBSITES ARE LINKED TO ITS OWN WEBSITE.