Terms and conditions, Zelfi AG, 05/04/2006

1. General
   Zelfi AG provides an interaktive user platform that contains mobile entertainments products for consumers, mobile marketing services for advertising customers, as well as a sales channel for software developers (called business partners). These terms and conditions are the base for legal relations associated to the platform.
2. Products and services of Zelfi AG
   The products and services Zelfi provides for consumers are subsequently called Zelfi Download Products. The products and services Zelfi offers to advertising customers are called Zelfi Services. Services for business partners are called Zelfi Sales. Zelfi delivers all products and services based on these terms and conditions. By using the Zelfi products and services the user agrees to the terms and conditions.
3. Terms and conditions for consumers
   1. By using Zelfi services a legal relationship of the consumer and Zelfi is created. Consumer data collected within this relationship will be kept for 180 days.
   2. The consumer may at any time request details of this relationship by sending an email to support@zelfi.com or by calling +49 1805 7777527 (0,14 € per minute from fixed lines of Deutsche Telekom, a service of nummer-X).
   3. Usage of Zelfi Download Products requires a consumer mobile phone according to the technical requiremnts of the specific product. Some products may be only compliant to specific types or producers of mobile phones. Zelfi is not liable for the function of a product in combination with a specific consumers mobile phone.
   4. The download products are available ad based or ad free. Ad based product show ads within the product. Products may be free of charge or sold at the indicated price.
   5. If a download product is free of charge the consumer may be charged data transfer fees by his mobile operator for downloading the software, data transfer while executing the software or while showing ads. If a product is sold at a given price data transfer fees may be charged by the network operator in addition to this price. Zelfi cannot influence these data transfer fees, the consumer should check these with his mobile operator.
   6. The consumer may distribute Zelfi download productS, that are provided free of charge, to his friends. It is forbidden however to charge his friends for doing so. It is not allowed to copy, move to another mobile phone or distribute products that are not free of charge. When these rules are violated Zelfi may hand out user data to public authorities for prosecution according to law.
   7. The consumer acknowledges that Zelfi Download Products may look, sound and behave different than illustrated on the website or on a different mobile phone due to technical reason of the internet or of his phone. The consumer agrees to any differences that are reasonable or not caused by Zelfi.
   8. The consumer acknowledges that Zelfi is not liable dor direct or indirect costs or damages caused by modification of mobile phone configuration.
   9. The consumer assures to provide correct data during registration. He will inform Zelfi of any changes to this data immediately.
   10. The consumer may register with a nickname and assures to keep the nickname and the corresponding password safe and protect them of unauthorized access. If he does not fulfill this assurance he will be responsible for any action because of misusage of his password by third persons.
   11. The consumer accepts that zelfi will use his data for advertising activities, market research or further development of products and services. The consumer may at any time discount this acceptance by sending an email to info@zelfi.com or by contacting Zelfi by other means as indicated in the imprint.
   12. By using the Zelfi Download Products the consumer accepts to receive advertisements of Zelfis advertising customers during usage of the products. Zelfi is allowed to open data communication channels for sending the advertisements to the consumers mobile phone.
   13. Zelfi reserves the right to exclude a consumer without prior notice from using Zelfi products and services in case of misusage or infringement of these terms and conditions.
   14. In case of download products that are transfered to a mobile phone or a computer a right of rescission is not applicable.
   15. The consumer dispenses Zelfi from any claims caused by himself or any third person apported to him.
4. Terms and conditions for advertising customers
   1. The advertising customer assures not to distribute any content of pornographic or otherwise unappropriate nature for young people, affronting, discriminating, extremistic or criminally relevant content. Zelfi reserves the right to cancel such advertisements at any time and charge for impressions already realised.
   2. The advertising customer acknowledges that the number of impressions he ordered is a maximum of potential impressions. The advertising customer will be charged for the realised impressions.
   3. The advertising customer acknowledges that invoices and provisions will be sent in electronic form only. If he wishes to receive them in paper form he will be charged for handling and shipping.
   4. The advertising customer is responsible for the content and layout of his advertisements.
5. Terms and conditions for business partners
   1. The business partner assures not to include any content of pornographic or otherwise unappropriate nature for young people, affronting, discriminating, extremistic or criminally relevant content into his applications. Zelfi reserves the right to cancel the distribution of those applications at any time.
   2. The business partner assures to use the Zelfi library and interface according to the documentation.
   3. The business partner assures that he has tested his applications on a number of popular mobile phone models and that he will inform Zelfi about any restrictions of specific models.
   4. The business partner may cancel the distribution of his application by the end of each months with a prior notice 30 days in advance.
   5. The business partner may cancel his business relationship with Zelfi within the first 14 days without giving any reasons. After this time the normal notice period as indicated above will be effective.
   6. The business partner assures that he adheres to copyright. The business partner is responsible for any license or similar fees related to his applications.
6. Terms and conditions of Zelfi AG
   1. Zelfi is not responsible of checking copyright of content and applications distributed by the Zelfi platform.
   2. Zelfi is not responsible for actuality, completeness and accuracy of any information transmitted or for error-free transmission.
   3. Zelfi is not responsible for any contests, lotteries, coupons and discounts that are offered within the advertisements. Zelfi has no influence to the odds of contests and lotteries. The advertising customer is responsible for all contents of his advertisements.
   4. Zelfi is not responsible for any disorders of the data connections of the consumers mobile phones.
   5. Zelfi may interrrupt the access to www.zelfi.com or to other Zelfi products for maintainance at any time. Consumers, advertising customers and business partners will accept these interruptions of reasonable extent.
   6. Zelfi reserves the right to modify or discontinue services or products at any time. This includes to charge for services that were free of charge before.
7. Final terms
   1. Zelfi reserves the right to modify these terms and conditions. Consumers, adertising customers and business partners are requested to check the terms and conditions frequently. With every usage of Zelfi products and services they agree to the up to date version of this terms and conditions.
   2. If single terms or conditions should be or become ineffective the remaining terms and conditions are not effected.