Followo.com terms and conditions

These are the terms and conditions of use of all Followo products, applications or services belonging to Followo AS "Followo", headquartered in Norway with address: Postboks 1, 1330 Fornebu, Norway. A current list of these products, applications or services may be obtained at anytime from www.followo.com. Should a product, application or service not be listed on the above website, a history of products, applications and services may be obtained by contacting support@followo.com.

Failure for a product, application or service to be listed on the above website does not constitute a failure of these terms to apply to that product, application or service. These Followo Terms and Conditions will continue in force as applicable to all products, applications or services, past, present and future, until such time as explicitly stated in writing and published to www.followo.com that a product, application or service is no longer bound by these Terms and Conditions.

The relationship between you and Followo shall be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions. You and Followo agree to submit to the personal and exclusive jurisdiction of the courts located within Norway. The failure of Followo to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this license remain in full force and effect.

You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of Followo's products, applications or services or these terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

DESCRIPTION OF PRODUCTS, APPLICATIONS AND SERVICES

Followo products, applications and services provide you with the capability to send and receive electronic messages, voice messages, make local, distance or international phone calls. It does not provide you with the ability to make emergency service calls. In order to use these products, applications or services, you must:

Provide your own access to the World Wide Web and pay any service fees associated with such access, and
Provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, modem and/or mobile device and data transfer access as relevant. You acknowledge and understand that while Followo may do so, Followo is not obliged to provide assistance, including any technical or customer support, to you, and that your use of these products, applications, services or support is of your own volition and at your own risk.

YOUR GENERAL OBLIGATIONS

You agree to provide, or you acknowledge that you have provided, true and correct information about yourself when registering for a Followo account.
You agree to comply with all requirements, procedures, policies and regulations of networks connected to Followo;
You agree to comply with all applicable laws regarding the transmission of data exported from the United States.
You agree not to use any Followo products, applications or services for illegal purposes or for the transmission of any communication that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another, or there use and enjoyment of any Followo product, application or service.
You agree not to transmit any material that violates any applicable local, state, national, or international law or regulation;
You agree to be solely responsible for the contents of User's transmissions through the Followo services.
You agree not to interfere with or disrupt any Followo services or servers or networks connected to Followo.
You agree not to attempt to gain unauthorised access to other computer systems or networks connected to Followo services.
You agree not to impersonate or create a false identity of any person, including but not limited to, a Followo official, forum leader, guide or host
You agree not to use any Followo products, applications or services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or calls in any fashion or form or use any Followo products, applications or services to collect or harvest personal information about other Followo users.
Please report any violations of these Terms and Conditions or concerns with our products, applications or services to support@followo.com

YOUR Followo ACCOUNT- BILLING, RATES, ROAMING AND REFUNDS

In consideration of use of Followo, you agree:

To be solely responsible for any and all charges incurred due to your use of an access number, local or otherwise.
To be solely responsible for any and all charges incurred by use of any wireless device including, but not limited to, a cellular or mobile phone.
To be solely responsible for all billing transactions. Billing transactions include sign-up transactions (purchases at the time of sign-up) and purchase transactions (purchases which are made after sign-up) You may pay for all such transactions via a credit card and/or debit card and/or using Unionpay or CashU as specified on the purchasing pages of www.followo.com
That all purchases made in a currency other than US Dollars will be converted to US dollars at an exchange rate to be determined by Followo. Followo accounts are held in US dollars, regardless of purchase currency and any display of your Followo credit in a currency other than US Dollars is an approximation only. An accurate accounting of your Followo Credit may be obtained at any time by choosing US dollars when selecting the currency to display on your Followo Dashboard.
That SMS billing will be deducted from your Followo credit at the nominated rate. No transaction history will be available from your Followo Dashboard.
That you will be charged in 60 second increments or parts thereof for any calls made, or attempted to be made, using a Followo product, application or service.
That you are solely responsible for any roaming charges incurred as a result of using Followo mobile device services. This is particularly relevant to Followo Callback services.
That your Followo account has a 12-month expiration period. This expiration date will be extended for another 12 month period for each successful recharge so that the actual expiration date will always be 12 months from the date of the most recent successful recharge.
That your Followo Account and your Followo PIN (representing the amount of prepaid service you have purchased at any given time) are separate and distinct entities and that your PIN value may expire prior to the expiry of your Followo Account. Followo AS reserves the right to modify its PIN expiry policy at any time without notice.
That Followo has the sole discretion to determine whether to grant any other extension request. All extensions will be confirmed via e-mail. Followo is not obligated to refund any remaining balance left in your Followo account as of the date it expires.
That Followo reserves the right to deactivate your account and remove all other features and services if the account balance remains zero or negative for a period of ninety (90) days or more.
Not to resell Followo products, applications or services or use of or access to the same unless otherwise permitted by Followo. Any person or entity that resells any products, applications and/or services owned by Followo without the express permission of Followo may be subject to civil and/or criminal penalty as prescribed by law.
THAT ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES OR PLANS, CAN BE CHANGED OR OTHERWISE MODIFIED BY Followo AS WITHOUT ANY FURTHER NOTICE WHATSOEVER.
You agree that all SALES ARE FINAL. Followo will not issue a refund of any purchase except where required by law or in the event of an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by Followo at its sole discretion.

YOUR Followo ACCOUNT - IDENTITY, PASSWORDS, AND SECURITY

In consideration of use of Followo, you agree:

To provide true, accurate, current and complete information about yourself as prompted by the Customer Registration form, and
To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by you is untrue, inaccurate, not current or incomplete, Followo has the right to terminate your account and refuse any and all current or future use any Followo product, application or service.
You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in relation to it.
To immediately notify Followo at support@followo.com of any unauthorized use of your password or account or any other breach of security. In the event of unauthorized use of your credit card, you agree to notify both Followo and your credit card provider immediately

YOUR Followo ACCOUNT -TERMINATION AND BREACHES

You agree that Followo may in its sole discretion terminate your Followo account if it believes you have in any way violated these Terms and Conditions, any relevant Followo End User License Agreement or our Privacy Statement.
You agree that Followo may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Followo End User License Agreement or our Privacy Statement.
You agree that Followo may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Followo End User License Agreement or our Privacy Statement.
You agree that Followo may terminate your Followo account or any of Followo's products, applications or services if Followo believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or that you have violated the rights of Followo or other users or parties.

EMERGENCY SERVICES CALLS

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER Followo NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION. YOU WILL NOT BE ABLE TO USE THE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES.

Followo RECOMMENDS THAT YOU MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.

PRIVACY POLICY

Followo considers any and all messages transmitted via the Followo products, applications or services to be private communications between you and the recipient. Followo will not monitor, edit or disclose the content of a your private communications, except that you agree that Followo may do so:

as required by law;
to comply with legal process;
is necessary to enforce this license;
to respond to claims that the communicator violated the rights of third-parties; or
to protect the rights or property of Followo or others.

You acknowledge, understand and agree that Followo may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant Followo End User License Agreement or our Privacy Statement

You acknowledge, understand and agree that Followo may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant Followo End User License Agreement or our Privacy Statement

You acknowledge, understand and agree that Followo does not endorse the content of your communications and Followo is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

Followo may disclose User Data to carefully screened companies that may offer you products and services. Followo will not disclose billing information or account access information except as authorized by you or your representative or as required by law or legal process, or as set forth above. If you prefer not to receive any offers of information, please inform support@followo.com.

ADVERTISING, EXTERNAL WEBSITES AND THIRD PARTIES

Your correspondence with or participation in any promotion of advertisers found on the Followo service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree not to hold Followo liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers.

If you intend to receive or request any news, messages, alerts or other information from or via Followo products, applications or services concerning companies, stock quotes, investments, securities, or other financial information, please be aware that particularly for this type of information, the watchword should be "Let the investor beware." The content and material contained in messages of any kind are provided for informational purposes only and are not intended for trading purposes. You expressly agree that Followo shall not be responsible for the content or accuracy of any information transmitted via Followo's products, applications or services and that Followo shall not be responsible for any trading or investment decisions made based on such information.

Followo COMPETITIONS AND PROMOTIONS

Every 2000th customer wins a Nokia E75

This promotion will start at 09:00 (GMT) on the 4th of august 2009 and end at 12:00pm (GMT) on the 30th of September 2009.
1 Nokia E75 valued at £335.00 each will be awarded to every 2000th new customer to join followo.com. Colour of handset to be decided by Followo. Each Nokia E75 comes with power adaptors for the UK only. Pack includes a Handset, Earphones, USB 2.0 cable and User guide. In the unlikely event that a Nokia E75 becomes unavailable then Followo credit to the same value will be given instead.
Multiple entries are not permitted and there is a limit of one prize per household.
Competition open to new Followo customers aged 18 and over.
No purchase is necessary to enter this prize draw. Free entry is available by sending your followo.com user name, your full name, full postal address, e-mail address and daytime telephone number, along with a self-addressed stamped envelope to ‘2000th Customer', followo.com, 1 Harbour Exchange Square, London, UK, E14 9GE.
Prize draw winners will be notified by email only if they are the 2000th customer to join followo.com. The winner will have five (5) working days to respond in full to the email or the prize will be forfeited.
Prize will be sent by registered post to the prize-winners' nominated postal address. Once delivery accepted, Followo takes no responsibility for any damage, fault or missing parts of the prize. Please check contents on delivery.
followo.com’s decision is final and no correspondence will be entered into. Odds of winning is dependent on the chance you are the 2000th new customer to join followo.com.
followo.com will not accept responsibility for entries lost through technical fault, incomplete, illegible or otherwise damaged entries. Proof of entry is not automatically proof of receipt.
Details of the winner can be obtained by sending an SAE marked '2000th Customer’ to the above address, within 21 days of the closing date of the promotion.
Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
Prize draws are not open to employees of followo.com or their immediate families.
followo.com respectfully reserves the right to withdraw this promotion without notice, at its own discretion, at any time.
This promotion may not be used in conjunction with any other followo.com promotion.
By entering this promotion, the entrant agrees to the terms of the followo.com privacy policy above.
Winners who accept their prize agree to allow followo.com to use their name for promotional purposes.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

DISCLAIMER OF WARRANTIES

You expressly agree that use of Followo's products, applications or services is at your own risk.

Followo's products, applications or services are provided on an "AS IS" and "AS AVAILABLE" basis.
Followo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Followo makes no warranty that Followo's products, applications or services will meet your requirements, that the Followo service will be uninterrupted, timely, secure, or error free; nor does Followo make any warranty as to the results that may be obtained from the use of Followo's products, applications or services or as to the accuracy or reliability of any information obtained through the use of Followo's products, applications or services or that defects in Followo's products, applications or services will be corrected. Neither Followo nor any of Followo's information providers implied any warranties concerning the accuracy, currentness or reliability of the messages received or requested via the use of Followo's products, applications or services or any of the information, material or content contained therein (the "material").

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Followo's products, applications or services is done at the your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Followo makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from Followo's products, applications or services or any transaction entered into through the service. Followo shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by you from Followo or through or from the use of Followo's products, applications or services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

You agree that Followo shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Followo's products, applications or services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the use of Followo's products, applications or services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Followo has been advised of the possibility of such damages. You further agree that Followo shall not be liable for any damages arising from interruption, suspension or termination of Followo's products, applications or services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Followo expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of Followo Mobile, Followo Web Calling, Followo SMS Calling, Followo Callback and/or any other Followo service from a mobile phone while it is roaming.

INDEMNITY

You hereby agrees to indemnify and hold Followo, its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney's fee, made by any third party because of or arising out of your use of Followo's products, applications or services, Your connection to Followo's products, applications or services, your violation of these Terms and Conditions, or your violation of any right of another.

PROPRIETARY RIGHTS

You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of Followo's products, applications or services or that contained in sponsor advertisements or information presented to you through Followo's products, applications or services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorized by Followo or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
You expressly agree that all intellectual property rights in Followo's products, applications or services, including but not limited to the Followo's website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with Followo shall inure to the sole benefit of Followo. You further agree that you shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall you cause or permit any other Party to do same.

NOTIFICATIONS SENT TO CUSTOMERS

Any notice given to you, to the extent that Followo determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. You may also be notified of changes to www.followo.com or other matters by displaying notices to you via Followo products, applications or services. This may include a notification on your Followo Dashboard or a general notification on the Followo website found at www.followo.com.

MODIFICATION OF THESE TERMS AND CONDITIONS

Followo may change these Terms and Conditions from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on www.followo.com. You expressly agree to be bound by any modified Terms and Conditions as contemplated herein.

ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS

Followo's products, applications and services are owned by Followo. They are provided to you under these Terms and Conditions and any amendments thereto as may be posted in accordance with this document from time to time. Any operating rules or policies for any type of product, application or service may be published from time to time by Followo on our website at www.followo.com.

BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF Followo'S PRODUCTS, APPLICATIONS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.