Welcome to Sunnygames.club at my.sunnygames.club (“the Website”). Please read these General Terms and Conditions (‘the Terms’) carefully. This document in local language is a translation of the original document in the English language and is provided to you as a courtesy. In case of any discrepancy between the translated document and the original document and in case of any disputes, the latter shall prevail. If you do not agree with these Terms, you should not proceed any further on this website, with registration or with any attempt to access or use the Services covered by these Terms. Otherwise you agree to use the Services on the Terms set out in this agreement. We may need to vary these Terms from time to time and any such changes will be undertaken in accordance with these Terms. Please check this website regularly as we will notify you here of any such changes. The Services will be provided to you through your mobile phone network operator. The terms and conditions of your mobile phone network operator will apply likewise to the provision and charging of the Services.
1. Description and Types of the Services
Sunnygames.club (‘Company’, ‘We’) has developed a range of downloadable mobile entertainment content items, on-line as well as wireless, such as but not limited to ringtones, games, applications and wallpapers available in the content portal and interactive games (collectively the ‘Services’) to certain compatible mobile devices.
Access to the Services is made available to you subject to these Terms. The Services will include access to information, data, text, software, music, sound, photographs, graphics, video, message or other materials. The Services are not intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. The Services may also include access to content and services of independent third parties. Registration and payment for the Services will take place through your mobile operator network. After your operator has confirmed to us your registration and payment, you will be permitted to download or otherwise use the Services through compatible mobile phones and other compatible devices. Access to the Services can take place (a) through an ongoing subscription model (b) as a credit model in which a bundle of credits for a defined number of individual downloads on a renewable (periodic) subscription basis is offered and (c) through a one-off (single) purchase model. Not all models might be available in your country. More specific information with regard to the Services available in your country can be found on the Website. Unless otherwise expressly indicated, no information presented in the Services or in connection with the Services shall be deemed as a binding offer by Company, but as an invitation for you to order access to the Services. Company will have the right to offer the Services, as it deems best but will try to ensure that the Services are of no lesser standard than as at the date these Terms were entered into. Subject to your right to be reimbursed fees in accordance with these Terms, Company reserves the right to modify or discontinue, temporarily or permanently, the Services provided to you. If the Service is to be permanently discontinued by us we will notify you of this fact.
2. Registration and General Access to the Services
You need to be at least eighteen years old to register for any of the Services. If you are not the person responsible for paying the mobile phone or internet bill or you are under eighteen years of age, please obtain the permission of the bill payer, parents, guardian and/or employers before registering and/ or participating in the Services. By registering and/or participating in the Services, you (1) acknowledge and confirm that, where required, you have obtained the necessary permission, consent or approval from the bill payer, parents, guardian or employer and (2) accept that you have been offered the opportunity to read and accept the Terms (including the terms from your mobile phone operator that apply) before registering for the Services. If you do not agree; do not register or use the Services. When you register for and/or use the Service you acknowledge and confirm that you have accepted these Terms and that you comply with the terms that apply in your situation, as specified above. You agree that each person who requests such Services is your agent with full authority to act on your behalf with respect to such Services. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new Services, shall be subject to the Terms.
3. Obligation to Register; Personal Data
Upon your request, Company may register you as a user and provide you with access to the Services by allocating you a personal username and password. You are solely responsible for maintaining the confidentiality of any possible password and account. Company may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). In order to guarantee safe use of the Services, as well as payment of the applicable fees, you will guarantee that at all times the personal information (hereinafter to be referred to as the ‘Personal Data’) provided on the registration form is correct and complete. If Company, in its sole discretion, believes that the Personal Data is not accurate or complete, Company is entitled to suspend or terminate your account and to withhold both current and future use of the Services, or any component of it. You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Company, and you are fully liable for all actions carried out involving the use of your password or account. You undertake to contact Company if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection of the Personal Data is no longer guaranteed for any other reason. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Company may provide you with access to some Services without you registering as a user, such as sign-up via your mobile phone for the Services. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number. You agree that such information may be collected and disclosed to Company and used in accordance with the Section “Privacy and Processing Data” of these Terms.
4. Access via the Ongoing Subscription Model
The ongoing subscription shall begin when Company, upon your request, has provided you with access to the Services. Access to the Services can be provided by delivering to you informative or entertainment Services (e.g. by delivering text messages (such as jokes, trivia, quiz questions) or downloadable content (such as a wallpaper, a ringtone or a mobile game)), by otherwise providing access to the Services (e.g. to your mobile number) or by enabling you to download the Services (e.g. by delivering a WAP-Push link or link in a text message for download or otherwise use of the Services on Company website). Access to the Services shall remain in effect until terminated and/or cancelled by you, your mobile phone operator or Company in accordance with the terms that apply. Access to the Services of Company and independent third parties that are made available through the Services shall begin when Company or the third party has accepted your order for the same or has provided you with the Services pursuant to your order. The access will remain in effect until terminated by you or Company in accordance with the terms set out herein.
5. Access via the Credit Model
In the credit model offered by Company, a bundle of credits for a defined number of individual downloads is provided on a renewable subscription basis. The credit model is an ongoing subscription and shall begin when Company has provided the bundle of credits to you. Applicable fees and credits will be communicated to you on the Website and through our Services. In the credit model, a defined number of credits will be provided which entitle you to download, receive and/or access that defined number of available downloads. The subscription period will be renewed each period as applicable and a new subscription fee shall become due for the new subscription period. The subscription shall remain in effect until terminated and/or cancelled by you, your mobile phone operator or Company according to the terms set out herein. After confirmation to us by your mobile phone operator that you have entered into your subscription agreement and upon payment of the applicable subscription fee for the relevant subscription period Company will transfer the bundle of download credits to your account. The periodic subscription fee will be due each period your subscription is valid irrespective of whether you actually download any Services during any particular subscription period; the consideration for the periodic subscription fee shall solely be the periodic provision of the right to download, receive and/or access downloadable Services. The number of credits for downloads will be reduced by actual downloaded Services. Credits cannot be redeemed for cash, are not transferable and depend on the type of subscription you ordered. If you do not use/redeem all your credits within the subscription period the unused credits will (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your subscription agreement or, if sooner, (b) expire every 90 days after assignment. Credits can only be used to download the Services offered by Company.
6. Access via the One-Off (Single) Purchase Model
The one-off (single) purchase model enables you to select any one-off Services you would like to access. The possibility to download, receive and/or access the Services is offered for a flat fee, as communicated on our website or otherwise. There is no subscription and there are no recurring charges involved.
The fees payable to be granted access to the Services are available at the Company website (e.g. under ‘F.A.Q.’). The Service will be provided to you through your mobile phone network operator. The terms and conditions of your mobile phone network operator will also apply to the provision and charging of the Services.
The charges shall become due irrespective of whether or not you actually download any content; the consideration for the charges shall solely be the provision of the right to download, receive and/or access downloadable mobile (entertainment) content.
The periodic fee will be charged for every subscription period the agreement is in effect. You shall pay for access to the Services and the use thereof in accordance with the price lists in force at the time of your order via your mobile phone operator. Unless otherwise indicated, the fees will be billed by your mobile phone operator on your wireless phone bill or deducted from your prepaid balance under the terms that apply with your mobile phone operator. Additional taxes and separate fees charged for text messaging and/or data transfer may apply to your registration for and/or use of the Services under the terms with your mobile phone operator or provider All fees, including fees for existing subscription agreements, are subject to change upon notice from Company and/or your mobile phone operator. Such change will be provided you with reasonable notice. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.
8. Your Responsibilities
In order to get access to 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 Company makes the Services available as well as any wireless service provider services necessary to download content and/or to receive SMS messages, and pay any (wireless service provider) service fees associated with any such access. You must have a working internet connection installed on your mobile phone (e.g. WAP, GPRS, UMTS). Your mobile phone must be capable of receiving text messages, ringtones, mobile games, video and/or color graphics. In addition, your mobile phone needs to be Internet-enabled to download ringtones, mobile games, video, color graphics or other downloadable Services. Company will not give refunds if you download or attempt to download Services to incompatible phones or wireless service providers or if your mobile phone is not Internet-enabled. For instructions, please check your wireless service provider's website or your mobile phone manufacturers’ website. In addition, you must provide all equipment and software necessary to connect to the Services. You are responsible for ensuring that the equipment and/or software do not disturb or interfere with Company's operations. Company shall have the right to immediately disconnect from the Services any equipment or software causing interference and to immediately terminate this Agreement. Services are for personal use only and may not be assigned or transferred to any other mobile phone number, person or entity, nor may you provide any other person or entity access to your Services, either directly or indirectly. Any conduct or activity that we believe restricts or inhibits any other user from accessing, using, or enjoying the Services will not be permitted. You agree to use the Services only for lawful purposes.
9. Intellectual Property Rights
10. Agreements for Services of Third Parties/Transactions with Advertisers and/or Sponsors
The Services may also include access to Services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, Company shall indicate the Services as third party content. Even though they may be co-branded with Company and therefore include Company's trademarks, the agreements for Services provided by third parties are concluded directly between you and the third party. We may also use advertisers and promoters to help offset the costs of our Services. As a condition to using these Services, you agree that we may display advertisements and other promotions on our website and deliver 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 us to send text messages advertisements without your express consent, so the foregoing may not apply to you. We will not share your Personal Data with third parties without your consent. The inclusion of any advertising or promotion on our website or in our Services does not constitute any endorsement by Company of such content, product, service or company. We try to ensure that any advertisements or promotions are appropriate for our users. You have a right to ask us at anytime not to contact you by way of direct marketing. Company shall not be a party to, or in any way responsible for, any transaction concerning services made available from such third parties or for any content or information presented in connection with any services of third parties.
11. Privacy and Processing Data
You acknowledge that Company collects and processes ‘personal information’ (i.e. information that could be used to contact you or that you provided to us, such as full name, postal address, gender, age, opinions, estimates, knowledge, phone number or e-mail address), ‘financial information’ (i.e. credit card numbers, bank account information or passwords) or ‘demographic and usage information’ (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our Services, such as date regarding the start and the end and the extent of your usage of the Services), subject to the rest of this paragraph in order to operate this website (together referred to as ‘Personal Data’) and subject to the terms set out in the Privacy Statement which is an integral part of these General Terms and Conditions. Company attaches great value to the privacy of its users; however we may pass on your Personal Data to your wireless service provider or gateway service provider to secure collection of fees. Further, we may pass on your Personal Data to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal Data collected by Company may be stored and processed in any other country in which Company or its agents maintain facilities. By using the Services, you consent to any such transfer of Personal Data outside of your country. Your Personal Data will be deleted no later than six months after termination of your subscription. Company may store your Personal Data beyond this date if that is required by law or agreement. Company will maintain procedures consistent with applicable laws for individuals to gain access to their Personal Data and, when appropriate and upon request, correct or delete their Personal Data.
12. Disclaimer of Warranties and Limitation of Liabilities
Company, its directors, officers, employees, suppliers and agents (‘the Provider Parties’) disclaim any responsibility for any harm resulting from your use of the Services. You expressly understand and agree that access to the Services is provided on an ‘as is’ and ‘as available’ basis with no warranties whatsoever. The Provider Parties expressly disclaim to the fullest extent permitted by law all warranties, either express, implied, statutory or otherwise, with respect to the Services, including, without limitation, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Provider Parties disclaim any warranties regarding the security, reliability, timeliness, and performance of the Services. The Provider Parties do not warrant that the services will meet your requirements or that the operation of the Services will be uninterrupted and error free. No advice or information, whether oral or written, obtained by you from us or through our Services shall create any warranty not expressly made herein. You may not rely on any such information or advice. You understand and agree that you download and/or use the Services, the content, software and websites at your own discretion and risk and that you will be solely responsible for any damages to your computer system, mobile phone or loss of data that result from using the Services. Except in jurisdictions where such provisions are restricted, you agree that Company's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Services provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such Services during the term of this agreement. Except in jurisdictions where such provisions are restricted, the Providing Parties shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, third party or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of your use, misuse or inability to use the Services, the content, software and website, even if Company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, Company's liability is limited to the extent permitted by law in such country.
You agree to indemnify and hold Company and its parents, members, subsidiaries, affiliates, service providers, contractors, agents, licensors, officers, directors, shareholders and employees, harmless from any loss, liability, claim, lawsuit or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Services, and (b) the breach by you of your representations and warranties set forth in these Terms. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Company in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
14. Termination and Cancellation of Services; Right to withdraw
To unsubscribe from the Services by text message, STOP to 33112 or send an email to email@example.com. In the first situation the termination shall become effective immediately upon receipt of the termination request. In the latter case, cancellation shall only become effective within 48 hours upon receipt of the termination request. Charges may still appear on your wireless service provider bill the following month as it bills retrospectively. Depending on the terms that apply from your mobile phone operator deviations from the above could apply. Please carefully check the terms from your mobile phone operator.
You agree that Company, at its sole discretion, may at any time terminate your use of and/or access to the Services and remove and discard any content within such Services, (1) if Company believes that you have violated or acted inconsistently with these Terms; (2) you fail to pay the charges within the period stated in your mobile phone subscription with your operator; (3) Company is expressly requested to do so by the operator or (4) any law, regulations, directives or governmental action renders all or any portion of the Services is unlawful or impractical. You agree that Company shall not be liable to you or any third party for any termination of your access to the Services. If you cancel your account or subscription for any reason, Company will not refund any of your fees paid to date, except as explicitly provided in any of the provisions of these Terms.
How do I order on the website?
A) If you haven't registered with the service yet:1. Select your product.2. Enter your mobile phone number and click on "Continue".3. Text ON to the 33112. 4. your product will be provided to you in a text message or as a download link to your mobile phone through the mobile network of your operator. B) If you've already registered with the service:1. Select your product.2. Enter your mobile phone number and click on "Continue".3. Enter your password and click on "Continue".4. your product will be provided to you in a text message or as a download link to your mobile phone through the mobile network of your operator. C) If you've already logged in:1. Select your product.2. Click on "Download".3. You see your mobile phone number already filled in and click on "Continue".4. your product will be provided to you in a text message or as a download link to your mobile phone through the mobile network of your operator.
What do I do with the download link I received?
1. Open the message sent to you. 2. Scroll down to the download link. 3. Click on the link and you will be immediately connected to the service content portal. 4. The download will start automatically. 5. When the download is finished, just save it. 6. Have fun with your product! Important notice: Never click interrupt during the download! Wait until the download is finished.
I haven't received my download. What is the problem?
Please make sure that the WAP settings on your phone are correctly configured. Depending on the brand of your mobile, you need to set the WAP Push setting to "On", "Allow all", "Always", or "Receive all". Here are some hints on where to locate this setting.Nokia:- Services > Settings > Service Inbox settings- Messaging > Settings > Service Msg.Motorola:- Messages > Browser Msgs > Menu Button > Browser Msg Setup- Messages > Browser Messages > Browser Msg SetupLG:- Internet > Push Messages > ReceiveSamsung:- Fun Box > WWW Services > Push Messages > Setting- Fun Box > Wap BrowserSony-Ericsson:- Messaging > WAP Push > Allow Push- Wap Services > Push Messages- Messaging > Wap PushIf in doubt, please refer to your mobile's manual or ask your mobile's manufacturer for assistance.
I have received a bookmark instead of a ringtone?
The content items -screensavers, ringtones and games- are too big to be send by SMS. To get these items on your phone you have to download those by WAP. You receive this bookmark for that reason. The bookmark directs you to a downloadpage where you can download your order. Please check your WAP settings on your phone before you download your item. With some phones you don't receive a bookmark, but a download url. Please consult the instructions guide of your phone, when you encounter problems.
I get the error message: Too large to send back?
Some wallpapers, ringtones or mobile games are too big to download with the default WAP settings. You get this error message: Too large to send back. Change your WAP settings to continue and try again.
I get the error message: 'Invalid download data'?
Your WAP settings are probably not correct. Check your WAP settings at your mobile providers website and try again.
How can I order the services and how will I be billed?
To order the service on the website, please enter your phone number, click "Continue", and immediately you will be provided with a SMS with all order details. Please reply to this SMS to continue with the registration process, or you will receive an sms with a pincode. Follow the instructions provided in the SMS in order to confirm your subscription. The charge will be deducted by your mobile network operator either from your prepaid balance or charged to your monthly bill, depending on your contract with your network operator.
Is there a notice period or a minimum membership term?
You can cancel a service at any time. Cancellation takes effect immediately. Please note that the service can be shown again on your monthly invoice from your mobile network operator, as the network operators' bookings are retro-actively.
What are my current service credits?
A) If you haven't logged in yet:Click on "Login for members" at the orderpage and enter your mobile phone number and password. On the top of the website in the right corner you see your current Credit status.B) If you have already logged in:On the top of the website in the right corner you see your current Credit status.
What happens if I want to order more content items than are included in my service?
Once credits for that week have been exhausted, no more items will be available until the following week.
Can I order individual content or do I have to order a service?
We currently do not sell individual content. You can order an available service.
How can I cancel a service?
You can cancel the service anytime: Send a sms STOP to 33112 (please carefully check from which shortcode you have received our service messages). You can also call our customer care number 60392125522or send an email to firstname.lastname@example.org.
I have been unsubscribed but still receive messages from 33112?
It is possible to receive messages from 33112 from another service provider. To cancel all messages you have to send STOP to 33112 in order to cancel all your subscriptions.
I did not know that I have to pay for the service?
On our website the price and terms of the service are mentioned. When you subscribe to the service you receive first a SMS message with the price information as well. When you confirm this SMS message then you are subscribed to the service and then the charges will occur.
How can I register with the service on the web?
Select a product or service that you would like to order. By clicking on the link, you will be taken directly to an order page where you need to enter your mobile number. Click Continue, and you will immediately be provided with a SMS with all order details. Please reply this SMS with ON to continue with the registration process. You are subscribed to the services and are granted access to the service content portal where you can select the content for your mobile phone. The content will be provided to you through the network of your mobile network operator. You will also receive a password by SMS. Use this password together with your mobile number for all your downloads at our content portal.
What do I do if I forget my password?
Go to the service website and click on 'Login for members'. There you find the link 'forgot my password'. Click on this link, enter your mobile number and you will be provided with a new password.
How can I change my password?
You cannot change your password. So please save your password that is sent to you by sms.
I have never been subscribed, but I still receive messages?
It is possible that you do not remember that you have subscribed to the service. In order to subscribe to the service you receive a message first that you have to confirm. Only when that is done you are subscribed. Always make sure that nobody else has access to your phone and is able to subscribe your phone number to our service without your permission. Check the messages you receive very well and from which number you receive them. Are the messages not send from number 32355 then contact your mobile operator customer care.
My child is minor and has subscribed for the service?
On our website and promotions it is mentioned that persons under 18 have to ask explicit permission from their parents or guardian. We cannot be held responsible or accountable if a minor child subscribes without parental permission. To unsubscribe you can send an SMS with STOP to 33112 (from your child’s phone). Or you can send a mail to our customer service with a request to unsubscribe: email@example.com. We act according the guidelines of the local mobile operators.
I received a confirm message on my phone but did not order anything?
Probably someone has (accidentally) submitted your mobile phone number to one of our websites. Please ignore the confirm message (which is free of charge) provided to you in case you did not request our service yourself and when you do not wish to subscribe to our service.
In order to make sure your download will work on your phone, get the correct WAP/Internet settings for your mobile phone now.
Please refer to your mobile's manual or ask your mobile's manufacturer for assistance.