Terms and conditions
BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY.
Description of Services
The COMPANY (hereinafter referred to as ‘Say It!’) provides entertainment content, such as audio messages, songs and other information data to certain compatible mobile and computer devices (the "Service"). You will be permitted to download certain Products through the Service to compatible mobile phones and other compatible devices or else you will be requesting us to send certain Products through the Service to compatible devices.
In order to use the Service you must be at least 16 years of age and have the consent of the bill payer.
You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service for mobile devices, you and the recipient of the message must also have a mobile communications subscription with a carrier or otherwise have access to a mobile communications network for which Say It! makes the Service available and pay any service fees associated with any such access.
License to Download(s).
You acknowledge and agree that the Download(s) made available as part of the Service are owned by Say It!, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Say It! hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile or computer device solely for your own personal non-commercial use and that of a single named recipient. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
Disclaimer of Warranties and Limitation of Liabilities
You understand that your use of the Service and the download of content is at your own sole risk.
Indemnification
You agree to indemnify and hold Say It!, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, 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 Service and (b) the breach by you of your representations and warranties set forth herein.
All files on this site have been carefully checked for viruses and corrupt data however Say It! cannot ensure that files you download from this site will be free of viruses or contamination or destructive features. By using this site, or downloading any thing from it, you agree that you will not hold Say It! liable for any damages of any kind.
Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Say It! or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
Non-delivery
Say It With Phones undertakes that in the event of a message not being delivered to a mobile device, we will on request re-send it in alternative formats and, failing that, to the sender’s mobile or as an audio file to a pc. In the event that Say It! fails to deliver the message by any of these routes, a full refund will be made to the credit or debit card used within 28 days. Say It! will do its utmost to deliver any messages requested but the Company cannot be held accountable for mobile or email messages not received because the recipient devices are switched off, persistently out of range or if necessary payments for any services required to keep their mobile or computing services active have not been made.
Competition Terms and Conditions
These rules apply to all prize promotions including free draws and prize competitions.
1. Promotions are open to UK residents aged 18 and over.
2. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
3. Say It! reserves the right to substitute the prize for another prize of equal value.
4. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
5. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
6. By entering the promotion, the entrant agrees to the terms of the privacy policy.
7. It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
8. Winners will be notified by email within seven days of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
9. By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion and use on the sayitwithphones.com website and associated media at any time.
10. Prize draws are open to all residents of the UK, except employees of Say It!, the promoter and their immediate families, the promoter’s advertising agency and sales promotion consultancy and anyone else connected with the creation and administration of the promotion.
11. The site's Editor's decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
12. Only one entry per person. Spammers will be disqualified.
13. Say It! will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
14. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
15. All prizes are non transferable. We reserve the right in our sole discretion to substitute any and all prizes with prizes of a comparable value.