GENERAL TERMS & CONDITIONS

This is a subscription service, it will cost £5 a week (plus a £5 set up fee), until you send STOP to 85015. A quiz consists of 4 rounds and a new quiz starts every month. Customers, who respond to us with 'yes' in order to confirm sign up through our website, are agreeing to become subscribers. By signing-up for and/or using the service you acknowledge and confirm that you have read the terms & conditions, that you are a resident from the United Kingdom, 18 years or older and authorized account holder and/or that you have the consent of the accountholder. Subscribers compete to win the monthly prize; to see more details on prizes and their value, check info.mypengo.com. The monthly quiz consists of 5 questions per round, per week. High score players play open question tiebreaker. High score: answer the most questions per week (max. 5) correctly compared to other contestants to get a high score. (multiple high scoring contestants all get invited to the knock out final) Closest/correct answer in knock out final wins. Multiple finalists, play additional tiebreakers.The winner of the final will receive its price within 60 days. Game-on is a product of MYPENGO. MYPENGO offers entertainment for your mobile phone. Helpdesk: 020-30262817 or for more info on the game and winners look on info.mypengo.com. MyPengo is not affiliated with, sponsored by or endorsed by any of the listed products or retailers. Trademarks, service marks, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners.

PROVIDER
The Service is offered by Mypengo, 2waytraffic mobile europe, P.O. Box 297, 1200 AG, Hilversum, the Netherlands. Helpdesk: 020-30262817

The General Terms and Conditions and the Specific conditions listed elsewhere on these sites (hereafter jointly referred to as the "General Terms and Conditions") constitute a legally binding agreement; not only do they apply to the content and Service provided via the Short Messaging Service (hereafter referred to as the "SMS service") but also to the Service provided via the Internet, this website or a WAP site ("the Sites") and/or via other ways in which the Provider or associated companies (hereafter referred to as "Provider", "we", us", "our") provides mobile content, unless agreed to the contrary in writing. PLEASE CONSULT THE SPECIFIC TERMS AND CONDITIONS APPLICABLE TO YOUR COUNTRY.

Both methods for using the SMS service and the Internet (including any use of the Sites) are jointly referred to as the "Service" or "Services". The Provider is entitled to amend these General Terms and Conditions at any time. You should therefore consult these pages on a regular basis. In the event specific content and Services are used, those may also be subject to general playing rules, dispute settlement procedures, guidelines or other provisions (hereafter referred to as "Supplementary Terms and Conditions") in addition to the General Terms and Conditions. The Supplementary Terms and Conditions are considered as inserted here and they form an integral part of these General Terms and Conditions. In the event of contradictions between these General Terms and Conditions and the Supplementary Terms and Conditions, the terms specified most recently will take prevalence. These General Terms and Conditions incorporate and includFe the Provider's Privacy and Data Protection policies. In the free welcoming message from the Provider, you will find the URL (Uniform Resource Locator) of the Sites featuring the General and Specific Terms and Conditions. You and/or the account holder agree that sufficient opportunities are offered to read and accept the General and Specific Terms and Conditions before using the Service. ACCEPTANCE OF THE SMS CONTENT AND SERVICES AND USE OF THE SITES IMPLIES ACCEPTANCE OF THESE GENERAL AND SPECIFIC TERMS AND CONDITIONS, DATA PROTECTION POLICY AND PRIVACY POLICY.
Do not use the content and Services if you disagree with those terms.

DESCRIPTION OF THE SERVICE PROVIDER

With the Services, the Provider grants its users access to a network of online and mobile telephone applications, including but not limited to news or information, email, chat services, games, amusement, horoscopes, ring tones, wallpapers, fun sounds, real tones and videos. Access to the content and Services of independent third parties may also form part of the Service. The General and Specific Terms and Conditions and the Supplementary Terms and Conditions also apply to any expansion to or improvement of our current Services. The Provider is entitled to change or terminate the Service (all or part of it) at any time on a temporary or permanent basis. You agree that the Provider is not liable towards any third party or towards you as user, in the event the Service is changed, terminated or interrupted.

ACCESS TO THE SERVICE, AVAILABILITY AND AGE RESTRICTIONS, YOUR RESPONSIBILITIES

In order to use the Service, you must (1) have reached the minimum age specified in the Specific Terms and Conditions and/or have permission of (one of your) parents and/or the account holder to log in under their name and use the Service and (2) accept on behalf of that parent or the account holder that these General and Specific Terms and conditions are binding. If you log in on the Service and/or use the Service, you acknowledge and confirm that you have read the General and Specific Terms and Conditions and that you comply with the aforementioned and Specific Terms and Conditions applicable to your circumstances. The Service is provided "as is" and "as it is available" at the time it is used. The Provider does not accept any liability if personal settings, information or messages are not saved (in time), are deleted or delivered incorrectly. In order to use the SMS service, you require the necessary resources for mobile communication. Certain mobile phone applications are only available on a select number of mobile telephones. This is a matter for mobile phone manufacturers and it is therefore not a liability of the Provider. In order to prevent disappointment, we invite you to check the suitability of your mobile telephone as set out in the Summary of suitable phones, available from the website, before applying for the Service.

IN ADDITION, YOU MUST HAVE A SUBSCRIPTION FOR MOBILE PHONE COMMUNICATION WITH A PARTICIPATING MOBILE NETWORK PROVIDER, OR HAVE ACCESS TO A MOBILE COMMUNICATION NETWORK BY SOME OTHER MEANS, THROUGH WHICH THE PROVIDER CAN MAKE THE SERVICE AVAILABLE, AND YOU MUST ALSO HAVE ACCESS TO THE SERVICES AND HAVE ENTERED THE CORRECT SETTINGS FOR YOUR MOBILE PHONE PROVIDER, REQUIRED TO DOWNLOAD THE CONTENT. YOU MAY HAVE TO PAY AN ADDITIONAL FEE FOR ACCESSING THESE SERVICES AND SETTINGS. IN ADDITION, AN ACTIVE INTERNET CONNECTION MUST BE AVAILABLE ON YOUR MOBILE TELEPHONE (WAP, GPRS, 3G, UMTS). YOU WILL FIND INSTRUCTIONS ON THE WEBSITE OF YOUR MOBILE NETWORK PROVIDER.

You are responsible for checking that you have the equipment required to establish the connection, including a mobile phone, PC or other resources that may be required. You are responsible for verifying that your equipment and/or software does not disturb or interfere with the Provider's Service. Any Equipment or Software causing interference will immediately be disconnected from the Service and the Provider will be entitled to terminate the Service or to suspend it with immediate effect. In the event your equipment or software needs to be changed due to an upgrade or for the sake of the Service, you must carry out that change at your own expense. Access to the Service can be granted by supplying you with the content to be downloaded, in the category which you registered for (e.g. by supplying wallpaper) or by enabling you to download the content (e.g. by delivering a WAP-push link or a PIN for downloading the content from the designated Sites, or by giving access to the content (e.g. by enabling MSISDN [mobile station integrated services digital network number] for the content). Payment will be due regardless of whether you actually download content; after all, the payment only relates to the right to download, receive and/or the access to mobile applications.

PAYMENT FOR THE SERVICE

You have free access to our Sites. For the SMS service, you must be registered as the account holder and for using the SMS service, you will be charged the prevailing rate of your Provider either through the invoice of your mobile network provider if you have a subscription, or the payment will be deducted from your call credit. Separate charges are applicable for text messages from your mobile network provider. The free welcoming message of the Provider contains information about the charges payable to the Provider and about the frequency of the Service. All rates, including payments for existing subscriptions can be changed after a notice from the Provider. The Provider will notify you in time of any such changes. In the event you do not accept the new rates (which would never apply with retrospective effect), you can terminate your subscription and/or your relationship with the Provider with immediate effect. Any invoicing by a third party is governed by the terms of payment of the third party concerned. You will pay or indemnify the Provider for any national and local or other taxes (with the exception of tax based on the Provider's net profit) including, but not limited to sales tax, user-related property tax and betting tax or any other alternative taxes, based on the costs due for using the Service, regardless of whether the tax concerned is imposed now or in the future by international, European, national or local authorities or by another instance or instances with the authority to impose tax.

CODE OF CONDUCT FOR USING THE SERVICE

You agree to use the Service in accordance with the following code of conduct:

REQUIREMENT TO REGISTER FOR THE SERVICE

In order to guarantee safe use of the Service and payment of the applicable charges, you undertake that (a) the personal information provided on the registration form (hereafter referred to as the "Registered Information") is accurate and complete. If the Provider is of the opinion, as it sees fit, that the Registered Information is incorrect or incomplete, the Provider is entitled to suspend or terminate your subscription and/or to terminate its relationship with you and/or to deny you the use of the Service or part of it, now on in the future. You are responsible for keeping passwords and/or other information the Provider gives you confidential and you are fully responsible for all actions carried out by using your password or the other information provided. You undertake to log off at the end of each session on the Sites (by closing your browser window) and that you will contact the Provider if you notice or suspect that your password or relationship with the Provider has been used without authorisation or if the safety or protection of the Registered Information can no longer be guaranteed for some reason. The Provider may grant you access to certain Services without you having to register as a user, for example for registering your mobile phone for the SMS service. In that event, your identification will be based on the method we deem appropriate, such as your mobile telephone number. You will in any case receive a welcoming message from the Provider. We ask you to check the message and to save it to the memory of your mobile phone.

COMPETITION QUESTIONS AND AVAILABILITY OF THE RATES

In the event prizes can be won as part of the Service, you must be registered with the Provider in accordance with what is provided in that respect in these General Terms and Conditions, in order to claim any prize you may have won. Supplementary Terms and Conditions may be applicable and these would be available on the Sites. The information provided must be accurate and complete in order to qualify for the prize. The prizes will be allocated to users who have reached the minimum age set out in the Specific Terms and Conditions, living in the country stated in the Specific Terms and Conditions, and who have their correspondence address in that country. In the event any doubts arise about the age, the Provider is at all times entitled to ask for a copy of a valid legitimate proof of age before handing out the prizes. The right to receive the prize expires if we do not receive a copy of the legitimate proof of age in accordance with this article within 21 days. Cash prizes are only paid to bank accounts, held in banks located in your country. The prizes may be subject to betting tax or any alternative duties levied. Acceptance of the prize implies that the User grants the Provider permission to use his or her name and of any photographs made in relation to the prize receiving ceremony for the purpose of the Provider's promotional activities, without the Provider owing the winner any compensation as a result. The Provider cannot guarantee that the content and Services provided will correspond with the photographs visible on the Visitors' sites. The prices will be made available within six weeks from being won. Any costs such as but not limited to transport costs, bank charges and postage are for the account of the recipient, unless stated to the contrary. Companies and/or legal entities and/or sponsors, employees and trading partners of the Provider are excluded from participation. No correspondence will be held about the results and outcomes.

PRIVACY POLICY AND DATA PROCESSING

The privacy of the users is extremely important to the Provider. For that reason, we have established a separate privacy policy, which is an integral part of the General and Specific Terms and Conditions and the Provider's Supplementary Conditions. You acknowledge that the Provider is entitled to gather and process "personal information", "financial information" or "demographic and user information" ("the information") in relation to the Service. We may forward the Information to your mobile network provider and/or gateway services provider for the purpose of collecting the amounts you owe and this information gathered by the Provider may be stored and processed in the country in which the Provider or its representatives have certain provisions. By using the Service, you agree for such Information to be transferred to outside your country. By using the Provider's Service, you agree with this privacy policy, the data protection policy and the General and Specific Terms and Conditions. Please do not use our Service if you do not agree to those terms. We reserve the right to amend, expand or cut down this privacy policy, data protection policy and the General and Specific Terms and Conditions at any time. Unless explicitly provided to the contrary, the General and Specific Terms and Conditions, the data protection policy and the privacy policy apply to all existing and new applications through which the current Service is expanded or improved. It is therefore advisable to consult those pages regularly.

SAFEGUARDING AND INDEMNIFICATION

You agree to indemnify the Provider and its holding companies, members, subsidiaries, associated companies, service providers, contractors, agents, representatives, licensors, managers, directors, shareholders and employees in relation to any claim, court case, reminder, claim or other procedure, submitted by a third party and caused by, as a result of or in relation to your (i) use of the Service, the content, the Software and the Sites, including but not limited to the downloads from the Sites (ii) any breach of these General and Specific terms and Conditions (iii) a contravention of the law, a regulation or the rights of a third party. (iii) You pay the costs and damages, including but not limited by any reasonable solicitors' fees and the costs imposed on or otherwise incurred by the Provider in relation to or arising from such a claim, court case, reminder, claim or other procedure.

USE, STORAGE, MONITORING AND REMOVAL OF INFORMATION

We reserve the right to check any advertising messages, text messages, public announcements and messages in order to ensure that they comply with the prevailing guidelines. Although we are unable to check all the messages sent by users of the Service and are not responsible for the content of these messages, we nevertheless reserve the right, without assuming the responsibility, to remove or move over profiles, public announcements and text messages which we judge to be at odds with our General and Specific Terms and Conditions or other applicable guidelines, or if we judge it in any way unacceptable. You yourself have full responsibility for the content of the profiles, public announcements and (text) messages stored on the Service or sent to users of the Service. If you are of the opinion that an advertising message, text message or public announcement on the Sites constitutes and infringement of the data protection act, you can read in our data protection policy what you can do about it. All text messages are screened and content with explicit pornographic content is removed. Users who behave inappropriately will be removed from the Sites. The Provider is entitled to terminate or cancel subscriptions or relationships that have not been active for a long time. You agree that the Provider is not responsible or liable if information provided through the Service are not stored or are removed by accident.

NOTICE  AND TERMINATION

The Provider provides the user with the option of interrupting the information flow received via the SMS service. Information is available on the Internet pages associated with the Service and/or via the SMS service. The free welcoming message of the Provider also contains information on how to serve notice on the Service. In general, the information that is received via the SMS service can be interrupted by sending an SMS starting with the keyword STOP, or other information as contained in the Sites. You can send this message to the abbreviated number (the short code). For further details, see the Specific Terms and Conditions, the "landing page" of the Sites and/or click on your country's flag. In addition, you can send an email to the address given on the Sites and/or via the Service, or you can call the number, given in the Specific Terms and Conditions. In that case, the termination will take effect within 48 hours from receipt of the cancellation notice. However, the costs may still feature on your mobile phone bill for the following month, because mobile network providers invoice in arrears. The Provider can interrupt or terminate your use of the Service at any time as it sees fit and without any prior warning, removing and deleting the Registered Information within the Service. You agree that the Provider is entitled to sever its relationship with you with immediate effect and that any information in relation to this relationship, including any lists or files can be deleted or deactivated and/or that you may be refused any further access to the Service.

TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS

We may use advertisers and sponsors to reduce the charges you pay for using our Services. As a condition for using these services, you agree that we may feature advertisements and other promotions on our Sites, and that we can send you advertising and promotions through the SMS service or by other means in connection with our Services. You also agree not to try and block the advertising and promotions or not to prevent them in other ways. SOME COUNTRIES DO NOT ALLOW US TO SEND YOU PUBLICITY MESSAGES WITHOUT YOUR EXPLICIT PRIOR CONSENT. THE ABOVE MAY THEREFORE NOT APPLY TO YOU. The inclusion of advertising or promotions on our Sites or in our Services does not imply that the Provider condones the content and/or service concerned and/or the product, service or company concerned. We aim to ensure that the advertising and promotions are of interest to our users. You have the right to ask us at any time not to approach you (any longer) with direct marketing. The Provider does not participate in and is not in any way responsible for any transactions in relation to products or services that are made available by said third parties, or for the content or information provided in relation to products or services of third parties. You agree that the Provider is not liable for any damages of any nature whatsoever resulting from those transactions.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

You realise and agree that the content and Software used in connection with the Service, hereafter referred to as the Software, contains confidential information which is protected by officially registered and applicable intellectual property rights and by prevailing legislation on intellectual and industrial property rights and other legislation. Unless provided to the contrary elsewhere in these General and Specific Terms and Conditions, the rights, title and stake in the intellectual property rights or other rights in relation to the immaterial things that are used, developed, incorporated, embodied or exercised in relation to the Service ("intellectual property rights") are owned by the Provider or his licensors and you agree that you have no interest in or that you will lay no claim to the intellectual property rights. You acknowledge that no rights in connection with the intellectual property have been transferred to you and that you did not acquire any implicit or explicit rights in relation to the Service, other than the rights explicitly granted in these General and Specific Terms and Conditions. With "intellectual property rights", we refer to the rights assigned by legislation in relation to patents, data protection, trade secrets, brand names and any other property rights, as well as the application, innovation, extension and restoration of it, which is currently valid or which will take effect in the future on a global scale. You acknowledge that all brands featured in the Software and on the Sites are the property of the Provider, or of the respective owners of those brands and that they are protected by national and international legislation on trade names or business names and copyright laws. Any use of the brands featured in the Software and on the Sites without the explicit written permission of the Provider or the brand owner is explicitly forbidden. ‘Game On’ is a trade name of the Provider

Furthermore, you realise and you agree that the information in publicity messages from advertisers and/or sponsors or the information you are provided via the Service is governed by copyright laws, patents or other property rights and legislation. You undertake not to change, hire, let out, make available, lease, borrow, loan, sell, distribute, create or generate the content or the products and/or services obtained in part or as a whole from the Service or the Software, except with the explicit written agreement of the Provider and insofar it has been given. The Provider hereby grants you - and you hereby accept - a personal, limited, non-transferable, non-exclusive, revocable and inalienable licence and agreement to install the Software and to download the content, the user's code of the Software, to use the Service by means of an appropriate mobile piece of equipment designated for the purpose, solely for your own personal, non-commercial use and to use the Software and Sites solely in conformity with these General and Specific Terms and Conditions, provided that you do not copy the Software, source codes or content, nor change or alter them or produce a derived product, service or content nor reproduce, amend, export, transfer, distribute, sell, retail, create, or reduce them to the source code (reverse engineering) or disassemble them (reverse assembly) or try in another way to retrieve the source code (or allow third parties to do so), or to use the Software and content or to make it available unless this is explicitly permitted in these General and Specific Terms and Conditions and on the conditions that you do not sell the rights in relation with the content, the Software and the intellectual property rights, or code them, grant sublicenses,  encumber them with security rights or transfer them in any other way. You guarantee that you will not amend the content, the Software and the intellectual property rights in any way or not use amended versions of the Software or use intellectual property rights, including (but not limited to) gaining unauthorised access to the Service. You guarantee that you will only use the interface provided by the Provider to gain access to the Service. The Provider hereby grants permission to make one copy only of the information on the equipment you use to gain access tot he Service and to use and reflect the copy of the registered information made in relation to that equipment for personal purposes.

LIABILITY WAIVER

THE PROVIDER, ITS DIRECTORS, MANAGERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS ("PROVIDING PARTIES") DO NOT ACCEPT ANY LIABILITY FOR DAMAGE CAUSED BY ANY USE YOU MAKE OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES. YOU UNDERSTAND AND EXPLICITLY AGREE THAT:

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE WHATSOEVER, INCLUDING NEGLIGENCE, WILL THE PROVIDING PARTIES BE LIABLE TO YOU OR TO A THIRD PARTY FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, ADDITIONAL, EXTRAORDINARY, MORAL, SUPPLEMENTARY, LEGAL LIABILITY OR CONSEQUENTIAL LOSSES (INCLUDING DAMAGE DUE TO LOSS OF COMMERCIAL INCOME, STOPPAGE OF OPERATIONS, LOSS OF COMPANY INFORMATION ETC.) AS A RESULT OF ANY USE, ABUSE OR INABILITY TO USE THE SERVICE, ITS CONTENT, SOFTWARE AND SITES, ALSO IN THE EVENT THE AUTHORISED REPRESENTATIVE OF THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY THAT THE DAMAGES MIGHT OCCUR (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). IN SOME COUNTRIES, LIMITING OR EXCLUDING LIABILITY FOR SUPPLEMENTARY OR CONSEQUENTIAL DAMAGES IS PROHIBITED, SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF THE PROVIDING PARTIES TO YOU FOR DAMAGES, LOSSES AND LEGAL CLAIMS (ARISING FROM A CONTRACT OR FROM AN ILLEGAL ACT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT THAT YOU PAID TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND THE SITES.

GENERAL INFORMATION

These General and Specific Terms and Conditions replace all previous agreements between you and the Provider. If you use supplementary services, materials or software from third parties, supplementary general terms and conditions may apply. The national legislation of the country or the state where you are living applies to the relationship between you and the Provider, regardless of the conditions and provisions of the prevailing international law. The application of the United Nations Convention of Contracts for the International Sale of Goods ("the Vienna Sales Convention") is explicitly excluded. Disputes will be settled by means of arbitration in accordance with the rules compiled by the arbitration institute based in the country you reside in. In the event the Provider does not exercise or enforce certain rights or conditions set out in these General and Specific Terms and Conditions, it does not mean that he therefore waives or rejects those rights or conditions. If a provision in these General and Specific Terms and Conditions is declared to be invalid or non-enforceable, by a judge with the necessary competence to do so or by a  designated mediator, that observation has no effect on the validity or enforceability of the other provisions of these General and Specific Terms and Conditions. If we do not pursue our rights arising from these General and Specific Terms and Conditions in the event of violations described in this Agreement, it does not imply that we waive those rights, in the event the violation reoccurs. The headings of the articles used in these General and Specific Terms and Conditions have only been inserted to facilitate reading them and they cannot in any way whatsoever affect the way in which the scope or extent of the article concerned is defined, limited, interpreted or described.

Any questions? Just send us an email or call us on our customer services telephone number,020-30262817