General Terms and Conditions

Welcome to StreamGymToday, the “website.” Please read these terms and conditions (“Terms and Conditions”) carefully. This document, drafted in the local language, is a translation of the original drafted in English, which is kindly provided to you. In case of any discrepancies between the translated document and the English original, and in case of any discrepancies, the English version shall prevail. Please note that the Services covered by this Agreement may be terminated on the basis of these Terms and Conditions only after the commencement of the provision of such Services. If you disagree with these Terms and Conditions, you should not proceed with the Site, registration, or any other attempt to access or use the Services covered by these Terms and Conditions. Otherwise, you agree to use the Services in accordance with the terms and conditions set forth in this Agreement. Changes to these Terms and Conditions may be necessary from time to time, and such changes will be made on the basis of these Terms and Conditions. We encourage you to check this website regularly, as we will notify you here of any changes.

1. Description and Nature of the Services

StreamGymToday (“Company”, “We”, “Us”) has a variety of downloadable entertainment content for mobile devices (collectively referred to as “the Services”). These Services are provided to you by: Izesoft B.V, Bargelaan 200, 2333 CW, Leiden, The Netherlands.

The Services are provided to you on the basis of these Terms and Conditions. The Services include access to information, data, text, software, music, sounds, photographs, graphics, video, messages, or other materials. The Services are not intended to provide tax, accounting or legal advice, advice on the suitability or profitability of any security or investment, health or medical advice, or any other advice of a personal or private nature. The Services may also include access to independent third-party content and services. Upon registration and payment, you may download or otherwise use the Services through cell phones and other compatible devices. The Company provides its Services through an ongoing subscription model. More detailed information about the Services offered in your country is available on the Website. In any case, the contract between the Company and the user will be implemented through an SMS message stream. You are required to store such messages on your cell phone in order to read the contract between the Company and you. Unless expressly stated otherwise, no information provided about or in connection with the Services is intended to constitute a binding offer by the Company. It is simply an invitation to purchase the Services. The Company has the right to provide the Services as it sees fit, but will endeavor to ensure that the Services are not of a lower standard than that in effect on the date of these Terms. Without prejudice to your right to a refund of fees under these Terms and Conditions, the Company reserves the right to modify or discontinue, temporarily or permanently, the Services provided to you. In the event of permanent discontinuation of the Services, the Company will notify the user.

2. Registration and general access to services

To sign up for any of our services, you must be at least 18 years old. If you are not the person responsible for paying your telephone or Internet bill or are under the age of eighteen, we ask that you obtain the consent of your bill payer, parent, guardian, and/or employer before enrolling and/or participating in the Services. By enrolling and/or participating in the Services, you (1) acknowledge and confirm that you have obtained, where required, the permission, authorization, or consent of the bill payer, parent, guardian, or employer, and (2) agree that you have had an opportunity to read and agree to the Terms of Use before using the Services. If you do not agree to the above, do not use the Services. By signing up for and/or using the Services, you agree and acknowledge that you have accepted these Terms and Conditions and that you will comply with the Terms and Conditions applicable to your situation, as specified above. You acknowledge that any person requesting such Services is your agent with authority to act on your behalf in connection with such Services. Where prohibited, this Agreement shall be null and void. Unless expressly stated otherwise, any new or additional functionality that augments or enhances the current Services, including the release of new Services, is subject to the Terms and Conditions.

3. Obligation to register, personal data

Upon request, the company can register you as a user and give you access to the services. You can register on the Content Portal with your cell phone if you have a GPRS/EDGE/HSPDA/3G connection. To ensure secure use of the Services, as well as to pay the applicable fees, you warrant the following at all times: (a) the personal data (hereinafter referred to as “Personal Data”) provided in the registration form is accurate and complete. If the Company, in its sole discretion, believes that the Personal Data is not accurate or complete, it may suspend or terminate your account and refuse your current and future use of the Services or any component thereof. You agree to contact the Company if you become aware or suspect that unauthorized use has been made of your password or account or that the security or privacy of your Personal Data is compromised for any other reason. The Company may offer you access to certain Services without registering as a user, such as by signing up for the Services using your cell phone. In this case, user identification will be based on identification measures that we deem appropriate, such as a cell phone number. You agree that such information may be collected and disclosed to the Company and used in accordance with the Privacy and Data Processing section of these Terms and Conditions.

4. Access to the continuous subscription model

Continuous subscription begins when the Company provides the user with access to the Services at the user's request. Access to the Services may be provided by providing you with information or entertainment services (e.g., by sending you text messages (such as jokes, trivia, quizzes) or downloadable content (e.g., by sending you a wallpaper, ringtone, or mobile game)), by otherwise providing you with access to the Services (e.g., to your mobile number), or by allowing you to download the Services (e.g. ) (e.g., to your mobile number) or otherwise allowing you to download the Services (e.g., by providing you with a WAP push link or a link in a text message to download the Services or otherwise use them on the Company's website). All Subscription Agreements will remain in effect until terminated and/or cancelled by you or the Company in accordance with the Company's or independent third party's Terms of Use of the Services provided through the Services, as of the time the Company or third party accepts your order for the same or the Services are provided to you pursuant to your order. The Agreement will remain in effect until terminated by you or the Company in accordance with the Terms of Use set forth herein.

5. Fees

Fees for the Services are listed on the Company's website (e.g. under “Frequently Asked Questions”). The periodic fee is charged for each subscription period for the duration of the contract. You will make a payment to the Company for the Services and their use in accordance with the price lists in effect at the time of your order. Unless otherwise indicated, fees will be charged to your cell phone or deducted from your credit. Additional fees and separate charges for wireless/WAP/GPRS/UMTS/bandwidth text messaging may apply to the use of the Services. In this case, fees may also be paid by credit, credit card, bank transfer, or through your user account. The various payment methods will be specified at the time of order processing for the Services selected by the user. The Company may charge you for the services of third parties whose services are provided through the Services and where this has been agreed with such third parties. Such charges will be billed according to the rates of such third parties. All charges, including charges for existing subscription contracts, are subject to change upon notice from the Company. The Company will provide the user with reasonable notice of such changes. If you do not agree to the new rates (which will apply only to future payments), you may terminate your subscription and/or account without notice.

6. Your Duties

In order to use the Services, you must have a mobile communications subscription with a participating wireless service provider or otherwise have access to a mobile communications network for which the Company makes the Services available, as well as the services of any wireless service provider necessary to download content and/or receive SMS messages, and you must pay any (wireless service provider) service fees associated with such access. You must have a working Internet connection installed on your cell phone (e.g., WAP, GPRS, UMTS). The cell phone must be capable of receiving text messages, ringtones, mobile games, video and/or color graphics. In addition, the cell phone must be Internet-enabled to download ringtones, mobile games, videos, color graphics, or other downloadable services. The Company will not reimburse you if you download or attempt to download the Services on incompatible phones or wireless service providers, or if your cell phone is not Internet-enabled. Please refer to the wireless service provider's website or the cell phone manufacturer's website for instructions. In addition, you must provide the necessary equipment and software to connect to the Services. The user is responsible for ensuring that the equipment and/or software does not interfere with the operations of the Company. The Company shall have the right to immediately suspend the Services if the equipment or software causes interference and, in such case, may terminate this Agreement immediately. The Services are for your personal use only and may not be transferred or assigned to any other cell phone number, person or entity, nor may you grant any other person or entity access to the Services, directly or indirectly. Any conduct or activity that we believe restricts other users from accessing, using, or enjoying the Services is prohibited. You agree to use the Services only for purposes permitted by law.

7. Intellectual Property Rights.

Except as otherwise provided below, all right, title and interest in and to any intellectual property, proprietary rights or other intangible property rights used, developed, contained or attached to or exercised in connection with any of the Services (“Company Proprietary Rights”) are owned by the Company or its licensors, and you agree not to assert any ownership interest or claim to any such Company Proprietary Rights. The Company grants, and you accept, a personal, limited, non-transferable, non-exclusive, revocable license and permission to download and use the Services on a compatible cell phone assigned for the purpose of personal, non-commercial use only. You further acknowledge and agree that you may not extend, rent, lend, lease, sell, distribute, create or generate the Services and/or the Company's Intellectual Property unless you have received express written permission to do so from the Company. You acknowledge that no title to the Company's Intellectual Property Rights has been transferred to you and that you are not granted, expressly or impliedly, any rights in the Services other than those expressly granted in these Terms.You agree that all trademarks displayed in connection with the Services are the property of the Company or the respective owners of such trademarks and are protected by national and international trademark and copyright laws. Any use of the trademarks displayed in connection with the Services without the express written consent of the Company or the trademark owners, as applicable, is strictly prohibited. StreamGymToday” is a trademark of the Company. The Services may be downloaded only once and may not be transferred, sold, distributed, displayed, performed, copied, modified or used, in whole or in part, except as provided in these Terms. You warrant that you will only use the interface provided by the Company to access the Services. You agree that the rights holders who make their music or other content available to the Company for use on the Services are included in the protections of this Agreement and that they themselves have the right to enforce the provisions of this Agreement that relate directly to their content. You understand that your use of the Music is subject to the Terms of Use set forth below. You may not permit any third party to copy, modify, reproduce, transmit, distribute, or use the received Music Submissions outside the narrow scope limited by copyright law. You agree to notify the Company immediately of any unauthorized use. All rights not expressly granted to you by this Agreement are reserved by the Company and/or its licensors.

8. Contracts for third-party services/transactions with advertisers and/or sponsors

The Services may also include access to independent third-party services, either directly or through links to sites operated by such third parties. Where reasonably possible, the Company will mark the Services as Third Party Content. Although contracts for Services provided by third parties may be co-branded with the Companies and thus include the Company's trademarks, they will be entered into directly between you and the third party. We may continue to use advertisers to help defray the costs of our Services. As a condition of using these Services, you agree that we may display advertisements and other promotions on our website and send you advertisements and promotions in connection with our Services. You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions. Some jurisdictions do not allow the use of text message advertisements without your explicit consent, so the above may not apply to you. We will not share your personal information with third parties without your consent. The inclusion of advertisements or promotions on our website or services does not constitute an endorsement of the content, product, service, or company by the Company. We try to ensure that any advertising or promotion is appropriate for our users. You have the right to ask us not to contact you through direct marketing at any time. The Company is not a party to nor in any way responsible for any transactions related to the Services made available through such third parties or any content or information submitted to third parties in connection with any Service.

9. Data protection and data processing

You acknowledge that the Company collects and processes “Personal Data” (i.e., information that can be used to contact you or that you have provided, such as your first and last name, mailing address, gender, age, opinions, estimates, knowledge, telephone number, or email address), “Financial Data” (i.e., credit card numbers, bank account details, or passwords), or “User and Demographic Data” (i.e., Information submitted by you or collected by us that is not Personal Data or Financial Data but are necessary for the proper operation and calculation of our Services, e.g., data relating to the beginning and end and extent of use of your Services), subject to the remainder of this paragraph, for the purpose of operating this website (collectively, “Personal Data”) and subject to the terms of the Privacy Policy, which is an integral part of these Terms and Conditions. The Company cares about the privacy of its users; however, it may be necessary to share your Personal Data with your wireless service provider or gateway service provider to ensure the collection of fees. The Company may also disclose your Personal Data to public authorities, including but not limited to courts and prosecutors, for the purpose of legal proceedings or crime prevention. Personal Data collected by the Company may be stored and processed in the Netherlands or any other country where the Company or its agents have facilities. By using the Services, you consent to such transfer of Personal Data outside your country. Your Personal Data will be deleted no later than six months after termination of your subscription. The Company may retain your Personal Data beyond this period if required by law or contract. The Company will maintain procedures consistent with applicable law to enable individuals to obtain access to their Personal Data and will correct or delete your Personal Data accordingly and upon request info1@izesoft.com.

10. Exclusion and Limitation of Liability.

The Company, its directors, officers, employees, suppliers and agents (“the Providers”) exclude all liability for damages arising from your use of the Services. You expressly understand and agree that the Services are provided “as is” and “as available” without warranty of any kind, either express or implied. All Providers make no warranties, assurances, or representations of any kind, express, implied, statutory, or otherwise, with respect to the Services, including warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights, to the fullest extent permitted by law. All Providers make no warranties as to the security, reliability, timeliness, or functionality of the Services. Providers do not guarantee that the Services will meet your needs or that the operation of the Services will be uninterrupted or error-free. No advice or information, whether oral or written, obtained by you through us or the Services will constitute a warranty not expressly provided herein. You may not rely on any such information or advice. You understand and agree that you download and/or use the Services, Content, Software and Websites at your own discretion and risk and that you will be solely responsible for any damage to your computer system, cell phone or loss of data as a result of your use of the Services. To the fullest extent permitted by law, you agree that the Company's entire liability to you or any third party and your sole and exclusive remedy, statutory, corporate or otherwise, with respect to the Services related to this Agreement and/or any breach of this Agreement shall be limited solely to the amount paid by you for such Services during the term of this Agreement. Except in jurisdictions where such provisions are not permitted, Providers shall not be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (including damages for loss of business revenue, business interruption, loss of business information, etc.) arising out of the use, misuse, or inability to use the Services, Content, Software, and Website, even if the Company has been advised of the possibility of such damages. If a jurisdiction prohibits the exclusion or limitation of liability, the Company's liability will be limited to the extent permitted by that jurisdiction.

11. Release of Liability.

You agree to indemnify and hold harmless the Company and its parents, members, affiliates, subsidiaries, service providers, contractors, agents, licensors, officers, directors, shareholders and employees from any loss, liability, action, proceeding or claim, including reasonable attorneys' fees, brought by any third party due to or arising out of (a) your use of the Services and (b) your breach of the representations and warranties set forth in these Terms. You will pay all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs, awarded against the Company or otherwise incurred in connection with or arising out of any such action, suit, complaint, claim or other proceeding.

12. Termination and cancellation of services; right of withdrawal

To cancel from our services with a text message, send a text message saying STOP GYM to 877 or send an e-mail to info1@izesoft.com . In the first case, cancellation will take effect immediately upon receipt of the cancellation notice. In the second case, cancellation will take effect 48 hours after receipt of the cancellation notice. If you have multiple subscriptions, all active subscriptions will be cancelled by SMS with OK for Sunrise & Salt users and START ABO for Swisscom users. Because the wireless service provider does retroactive billing, some charges may appear on the next month's bill.
You agree that the Company may, in its sole discretion, terminate your use of the Services and remove and discard any Content within the Services at any time (1) if the Company believes that you have violated any of the contents or spirit of these Terms; (2) if you fail to pay your invoice to the Company within the time period specified in the invoice; (3) if the Company specifically requests you to do so; or (4) if any law, regulation, ordinance, or governmental action renders all or any part of the Services illegal or unenforceable. You agree that the Company shall have no liability to you or any third party as a result of your termination of access to the Services. If you terminate your account or subscription for any reason, the Company will not refund any fees paid up to that point, except those expressly mentioned in the terms of these Terms.
Customers in the European Union and some other countries also have the legal right to withdraw from the contract within seven business days after the contract comes into effect (the so-called “withdrawal period”). The Company has extended the withdrawal period to 14 business days, but your right to withdraw from the contract will cease immediately if you have been given access to our services within this period. To withdraw from the contract within the withdrawal period, please send your withdrawal notice by e-mail to info1@izesoft.com or by mail to Izesoft B.V, Bargelaan 200, 2333 CW, Leiden, The Netherlands VAT NL854469151B01 Registered under 61739448. The notice must clearly include your name, address and telephone number. The postmark date must be within the withdrawal period.

13. Miscellaneous Provisions.

“Notices and Disclosures. Unless otherwise stated herein, all notices to the Company shall be made in writing and sent to the following address: Postbus Izesoft B.V, Bargelaan 200, 2333 CW, Leiden, The Netherlands. When you access or use the Services or send a text message, email or other communication to the Company, you are communicating electronically with the Company and therefore agree to receive electric communications from the Company. You agree that all contracts, notices, disclosures, and other communications provided by the Company to you satisfy any legal or contractual requirement that such communications be in writing. Except as set forth in the section “”Termination and Cancellation of Services; Right to Withdraw“”, notices sent by mail will be deemed received after seven days, and notices posted on the Company's website or received by e-mail or text message will be deemed received on the business day following posting or sending.

Assignment: you may not assign or transfer the Agreement or your rights under the Agreement. The Company shall have the right to assign its rights and obligations under this Agreement and any claim under this Agreement to any third party upon written notice to you, provided that such assignment is made on terms that are not unfavorable to you with respect to these Terms and Conditions.

Changes to the Agreement. You acknowledge and agree that these Terms of Service are subject to change at any time, and such changes will become effective on the date they are posted on the Website. Your subsequent use of the Services constitutes your acceptance of the modified Terms. Other Terms, Entire Agreement. These Terms are in addition to the terms and conditions of the Company or any third party company for the Services that may be posted in connection with such Services (“”Specific Terms“”). In the event of any discrepancy between the Terms and such Specific Terms, the Specific Terms shall prevail. These Terms and Conditions and any other terms, conditions or documents referenced herein constitute your entire agreement with the Company in connection with your use of the Services. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to transfer and does not confer any rights or remedies on any person other than the parties under this Agreement.

Severability Clause. If any part of this Agreement is held invalid or unenforceable, that part shall be construed to conform to applicable law and to reflect as closely as possible the original intentions of the parties, while the remaining parts shall remain in full force and effect.

Waiver. The failure of the Company to pursue or defend any existing claim under this Agreement or otherwise shall not constitute a waiver of such claim or defense. The headings in these Terms and Conditions are for convenience of reference only and shall not affect the interpretation or legal application of any of the terms herein.

Continuation. In the event of termination of the Agreement as provided herein, those sections of these Terms and Conditions which, by their nature, are intended to survive will survive such expiration or termination.

Applicable Law and Jurisdiction. This Agreement and your use of the Site and Services shall be governed by and construed in accordance with the laws of the jurisdiction in which the Services are offered. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.”