Onebip Terms of Use and Service Agreement

This Terms of Use and SERVICE Agreement (this "Agreement") is made between you and Onebip srl (Onebip). This Agreement sets forth the terms and conditions that apply to your use of Onebip . Please read this Agreement and Onebip Privacy Policy (the "Privacy Policy") carefully prior to your access to and/or use of Onebip (SERVICE) or your registration for or use of the SERVICE.

By submitting information to Onebip, either by visiting or using Onebip or registering for or using a SERVICE, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy, including any changes or revisions which Onebip, in its sole discretion, may make to this Agreement and/or Onebip's Privacy Policy from time to time. If you do not agree with the terms and conditions of this Agreement, Onebip's Privacy Policy and any applicable Rules, you are not authorized to access or use Onebip or register for or use any SERVICE, and your sole remedy is to stop accessing and using Onebip and the SERVICEs.YOUR COMPLIANCE WITH THIS AGREEMENT

You represent that you are of legal age to agree to the terms and conditions set forth in this Agreement, or you are at least 18 years of age and have your parent's or legal guardian's permission to access and use Onebip and to register for, purchase and/or use the SERVICEs. You also represent that you are not a person barred from receiving SERVICEs under the laws of the of the applicable jurisdictions in which you are located. You agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that Onebip makes no representation or warranty that Onebip , any of the SERVICEs, or any information on Onebip or transmitted via a SERVICE is lawful in any jurisdiction outside those in which Onebip and/or the services are made available. In order to determine your compliance with this Agreement, the Privacy Policy and any applicable Rules, Onebip reserves the right, but not the obligation, to monitor your access to and use of Onebip and the SERVICEs.
THE SERVICES
Subject to the terms of this Agreement, the Privacy Policy, any applicable rules, and your registration for the SERVICE, Onebip may provide you with access to an sms based micro-payment solution to buy online products and services from third parties web sites. Onebip acts as a facilitator to help you make payments to third parties. Onebip acts as your agent based upon your direction and your requests to use our Service that requires us to perform tasks on your behalf. Onebip will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Onebip is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Onebip is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. Onebip acts only as a payment service provider by creating, hosting, maintaining and providing its Service via the Internet and via Mobile Phones. We do not have any control over the products or services that are paid for with our Service.
YOUR ACCESS TO AND USE OF Onebip .COM AND THE SERVICES
Your right to access and use Onebip and the SERVICEs is strictly limited to your personal mobile device designated at the time of your registration with Onebip, and this right is not transferable by you to any other person or entity. You are only entitled to access and use Onebip and the SERVICEs for lawful purposes and pursuant to the terms and conditions of this Agreement, Onebip's Privacy Policy and any applicable Rules. Your access to and use of Onebip and the SERVICEs may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Onebip or other actions that Onebip, in its sole discretion, may elect to take. Onebip reserves the right to suspend or discontinue the availability of Onebip and/or any portion or feature of Onebip at any time in its sole discretion and without prior notice.

Onebip service is available for all compatible mobile devices on the carriers indicated in the Onebip payment pages only, for each specific country.

REGISTRATION

• Access to the SERVICE. There are various requirements that you must meet before Onebip can provide you with and continue to provide you with the SERVICE. At a minimum:

• You must have an mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Onebip makes the SERVICE available.

• You must pay all SERVICE and other fees associated with such mobile communications access (for instance, all standard messaging fees charged by your mobile SERVICE provider).

• You must provide all equipment and software necessary to connect to the SERVICE, including, but not limited to, a compatible mobile device that is in working order and suitable for use, as determined in Onebip's sole discretion, in connection with the SERVICE.

• You must register as a user (for example, by signing-up online) as determined by Onebip at its sole discretion.

• Registration Data. If you register for the SERVICE, you shall (i) provide true, accurate and complete information ("Registration Data"), (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (iii) not assign your Account (as defined below), or rights associated with your Account, to another person or entity. Onebip, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the SERVICE, and Onebip may choose to limit your Registration Data to a mobile telephone number. As a result of your registration, and based on the Registration Data you provide, Onebip may establish a Onebip account for you (the "Account").
  If Onebip believes that your Registration Data is untrue, inaccurate or incomplete, Onebip reserves the right to suspend or terminate any SERVICE then being provided to you, as well as your Account, and Onebip may refuse to provide you with any future use of the SERVICE (or any portion thereof). You acknowledge and agree that Onebip may rely on the Registration Data to send you important information and notices regarding your Account and the SERVICE, as further set forth in the Privacy Policy. Onebip shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the SERVICE or your Account. Neither Onebip nor any of its third party providers shall be responsible for verifying your Registration Data.

• Username and Password. If you register for Onebip , and Onebip sets up an Account for you, you may be required to obtain a username and password. The username and password will allow you to view and manage your Account. You acknowledge and agree that Onebip may process all Account transactions, including, without limitation, registration for additional SERVICEs that are initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify Onebip of any unauthorized use of your username and password. Notwithstanding the foregoing notification to Onebip, you acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your username and password, and that in no event shall Onebip be liable for any unauthorized use or misuse of your username and/or password. Onebip may need to change usernames allocated to certain of its SERVICEs and reserves the right to make such changes. If necessary to continue your use of a SERVICE, you will be notified of such a change by Onebip.

TRANSMISSIONS, SUBMISSIONS AND POSTINGS
You represent and warrant to Onebip that you own all of the rights in and for, or that you have a valid license to transmit, submit or post, any and all information that you transmit, submit or post to Onebip .
You shall not transmit, submit or post the following to Onebip or through a SERVICE:

• Information that infringes Onebip's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;

• Information that violates any law, statute, ordinance or regulation;

• Information that is trade libellous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Onebip or third parties or that infringes on Onebip's or any third party's rights of publicity or privacy;

• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• Information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";

• Information that is false, inaccurate or misleading;

• Commercial advertisements or solicitations without prior written permission from Onebip; or

• Copyrighted and/or trademarked information without prior written permission from Onebip.

Onebip service is available for compatible mobile devices on Alltel, Boost, Nextel ATandT, Cingular, Dobson/Cellular One, Sprint, T-Mobile and Verizon only.
INTERRUPTION OR DISCONTINUATION OF THE SERVICES
Onebip reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the SERVICE, or portions thereof, with or without notice to you. If the SERVICE, or any part thereof, for which you are registered is permanently discontinued or cancelled by Onebip, Onebip will cancel your registration.
TERMINATION OR CANCELLATION OF A SERVICE
To cancel your subscription SERVICEs, please:

• send a text message with the text "OFF" as a reply to the short code from which you received the premium SMS; or

• contact customer SERVICE: support@onebip.com

Termination shall become effective at the end of the billing period in which you give your notice of termination. You agree that Onebip, at its sole discretion, may immediately terminate your use of any SERVICE if you breach this Agreement, the Privacy Policy or any applicable Rules or if Onebip reasonably believes that you have violated or acted inconsistently with this Agreement the Privacy Policy or any applicable Rules. Onebip reserves the right not to refund any Fees you have paid if your Account or a SERVICE is cancelled as a result of your breach of this Agreement, the Privacy Policy or any applicable Rules.
INTELLECTUAL PROPERTY RIGHTS
The names Onebip other URLs and website domain names owned and/or operated by Onebip, and Onebip's graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Onebip or its affiliates in the European Union countries, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of Onebip, which permission may be withheld in Onebip's sole discretion. Onebip makes no proprietary claim to any third-party names, trademarks or SERVICE marks appearing on Onebip or any other Onebip owned and/or operated website. Any third-party names, trademarks, and SERVICE marks are property of their respective owners.

The Content, services, downloads, software and other data and information viewable on, contained in, or downloadable as result of a payment using Onebip as payment system are provided by third parties that adopted Onebip as payment method in their website. Third parties are responsible for respecting all rules required by any international or national copyright law. Onebip is not responsible for any violation because it acts only as facilitator to help you make payments to third parties.
Onebip acts only as a payment service provider by creating, hosting, maintaining and providing its Service via the Internet and via Mobile Phones. We do not have any control over the products or services that are paid for with our Service.
ELECTRONIC COMMUNICATIONS
By accessing and using Onebip or registering for or using a SERVICE, you consent to receive communications from Onebip electronically. Although Onebip may choose to communicate with you by other means as provided in your Registration Data, Onebip may also choose to solely communicate with you electronically by email, text messaging, SMS, MMS, WAP, BREW and other means of mobile content delivery, or by posting notices on Onebip . You agree that all agreements, notices, disclosures and other communications that Onebip sends to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
In no event shall we, our parent, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, our Service, or this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Our liability, and the liability of our parent, subsidiaries, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
COPYRIGHT INFRINGEMENT NOTICE
Notifications (each, a "Notification") of claimed copyright infringement appearing on Onebip or any other Onebip owned and/or operated website should be sent to Onebip's designated agent. Onebip's designated agent contact information is set forth below:


Onebip Customer SERVICE
Viale Montenero, 70
20135 – Milano
Italy Fax: +390254124323Email: support@onebip.com
GENERAL INFORMATION
If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, the Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken.

The headings contained in this Agreement, the Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, the Privacy Policy or any applicable Rules.

No waiver of any portion of this Agreement, the Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of Onebip. The failure of Onebip to require performance of any obligation of this Agreement, the Privacy Policy or any applicable Rules shall not affect Onebip's right to enforce any provision of this Agreement, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

All covenants, agreements, disclaimers, limitations, representations and warranties made in this Agreement, the Privacy Policy or any applicable Rules, as may be amended by Onebip from time to time, shall survive your acceptance of this Agreement, the Privacy Policy or any applicable Rules, the termination of your use of Onebip , and the termination of your use of the SERVICEs.
If you have questions, comments, concerns or feedback regarding this Agreement, the Privacy Policy or any applicable Rules or Onebip or any SERVICE, please contact us via any of the methods set forth below:

• Via email: support@onebip.com

• Via fax: +390254124323

• Via mail: Onebip

Attn: Onebip Customer SERVICE
Viale Montenero, 70
20135 – Milano
Italy

This Agreement, the Privacy Policy and any applicable Rules made available to you by Onebip, each as amended from time to time, represent the entire understanding and agreement between you and Onebip regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.