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Mobile Portal Terms and Conditions

1. This Mobile Portal ("Portal") is provided to you by 4 Ventures Limited of 124 Horseferry Road, London SW1P 2YX ("Channel 4").

2. By accessing the Portal you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be bound by these terms and conditions ("Terms and Conditions").

3. The terms and conditions of your mobile service provider will continue to apply when accessing the Portal in addition to these Terms and Conditions.

4. To access the Portal send a text message with the word Mobile from your mobile phone to 83188. This message will cost you 25p plus standard network rate. You will then receive a message that will link you to the Portal.

5. The Portal can be accessed by any WAP-enabled handset. If your handset is not WAP-enabled you will not be able to access this service.

6. This Portal cannot be accessed on 3's mobile network.

7. For the purposes of these Terms and Conditions "Content" means content that can be downloaded by you onto your mobile phone including, but not limited to, video clips, music tracks, images, games, applications, ring tones, icons, pictures, animations, sounds, picture postcards or other content for use on a mobile device. "Premium Content" means Content for which there is a charge payable for downloading.

8. You understand that the Content or Premium Content may contain nudity or other material of a sexual nature, or may include content of a sexual nature, or may include content that you may consider offensive or otherwise objectionable. You agree that we shall have no liability to you for any Content or Premium Content that may be found to be offensive or otherwise objectionable.

9. Channel 4 will not charge users for accessing the Portal. However your Operator will charge you for using the mobile internet. You will need to contact your mobile operator for details of these charges. Premium Content is available on the Portal and this will be clearly indicated.

10. If you are not the bill payer for the mobile phone, you must get permission from the bill payer before accessing the Portal and downloading Premium Content from the Portal.

11. The Portal is only available for access and the Content and Premium Content available for viewing in the UK by UK residents. You agree not to attempt to view or gain access to the Content or the Premium Content from outside the UK.

12. Channel 4 may suspend, change, withdraw or cancel the Portal for any reason and at any time.

13. Channel 4, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Portal, or any difficulty or inability to download or access Content or Premium Content from the Portal or any technical failure or malfunction or any other problem in any telephone network or line, system, server, provider or otherwise which may result in the service being unavailable. To the fullest extent permitted by law, Channel 4 hereby excludes all warranties, representations, covenants and liability (whether express or implied) regarding the Portal except that Channel 4 does not exclude its liability for death or personal injury caused by its negligence.

14. In no event will Channel 4 be liable for indirect or consequential damages, loss of use of the Content and Premium Content or the service provided under these terms and conditions or loss of data or profits, whether in action of contract, negligence or other action arising out of or in connection with the use of the Content or Premium Content. These exclusions do not apply to death or personal injury caused by Channel 4’s negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

15. Content and Premium Content from the Portal is non-exchangeable and non-refundable. Content and Premium Content is supplied to you on an "As Is" and "As Available" basis without any representation or endorsement and without warranty of any kind including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose or suitablity, reliablity, accuracy, completeness, security, availability or freedom from error. Channel 4 reserves the right to make changes to the Content and the Premium Content at any time without notice and without liability to you.

16. Any personal data collected will be used solely in accordance with current UK data protection legislation. Please see Channel 4's privacy policy for further details.

17. In the event of any dispute regarding the Portal, the decision of Channel 4 shall be binding and no correspondence or discussion shall be entered into.

18. Channel 4 reserves the right to amend these terms and conditions without prior notice. Any changes will be posted on this website. Your continued use of the Portal after changes are posted constitutes your acceptance of these terms and conditions as modified.

19. Channel 4 or Channel 4's licensors own all copyright and other intellectual property rights in the Portal, the Content and the Premium Content and you are not permitted to copy any Content or Premium Content or forward Content or Premium Content to any other mobile phone. You will be directly liable for any claims brought against you in this regard, including claims by Channel 4 or other third parties holding intellectual property in the Content and Premium Content. You are only entitled to use the Portal and Content and Premium Content from the Portal for your own personal non-commercial use.

20. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast commercially exploit or modify in any way the Content or Premium Content without Channel 4's prior written permission.

21. You agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities arising in any manner from your use of the Portal, Content or Premium Content other than in accordance with these terms and conditions. Channel 4 may prevent your access to the Portal, the Content and/or the Premium Content if you breach these terms and conditions.

22. You are entitled to download Content or Premium Content from the Portal onto your phone and store one copy in your phone's memory. You may make one copy of the Content or Premium Content for back-up purposes only. All copies of the Content and Premium Content remain the property of Channel 4.

23. Mobile phone handsets vary in respect of the volume of Content and Premium Content that can be stored on them and may not be compatible with all Content or Premium Content. Please check the manufacturer's handbook before downloading Content or Premium Content from the Portal.

24. Please note that usage of the Content and Premium Content downloaded from the Portal may be limited to a certain period of time.

25. Channel 4 may prohibit access to the Portal if it has reasonable grounds to suspect that you may be in breach of any of these terms and conditions, or if your use of a mobile phone handset ,or your participation in the Portal is fraudulent or otherwise unlawful.

26. These terms and conditions shall construed in accordance with English law and the English courts shall have exclusive jurisdiction.

27. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable then to the extent that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

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