TERMS AND CONDITIONS

Iyb24.com is a service of Mobile Five GmbH.

The access to and use of this Site is strictly subject to these Terms and Conditions of Use. By accessing this Site, the user (“YOU”) agrees to be unconditionally bound by these Terms and Conditions of Use.

Acceptance of Terms of Use

These Terms of Use govern your use of this Mobile Five GmbH service, including all features and functionalities, streaming, our website and user interfaces, and all content and software associated therewith (“service”). By using, visiting, or browsing the service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the service, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and Mobile Five GmbH and apply to your use of the service as made available to you. They affect your rights and you should read them carefully.

Changes to Terms of Use

MobileFive reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms” located at the bottom of the pages of the website. The most current version of the Terms of Use will supersede all previous versions.

Privacy and Communications Preferences

Any personally identifying information submitted through the service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, we may send you newsletters about new features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply contact us. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

Membership and Billing

You can find the specific details regarding your membership at anytime by visiting www.iyb24.com and clicking on the “Your Account” link.

Billing

By starting your membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the “Your Account” page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and accessing the “Your Account” section. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

We will charge you for all applicable taxes, including, without limitation, any applicable state, provincial, federal and local taxes.

Ongoing Membership

Your membership, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit www.iyb24.com site and click the words “Cancel Membership” on the “Support” page and follow the instructions for cancellation under the heading “Cancel Membership.”

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Service Works

Mobile Five GmbH is an online subscription media service providing its members with access to media played over the Internet.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability. The availability of content will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. Mobile Five GmbH makes no representations or warranties about the quality of your content experience on your display.
Personal Computer Requirements and Device Limitations: To enjoy our content via your personal computer or mobile device, your equipment must satisfy certain system requirements.

Mobile Five GmbH streaming software is developed by or for Mobile Five GmbH and is designed to enable instant streaming of content from us through ready devices. This software may vary by device and medium, and functionalities may also differ between devices. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and MobileFive GmbH reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the service through such software at any time, without prior or any notice.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE MobileFive SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Mobile Five GmbH AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

Customer Service Inquiries

All Customer Service inquiry’s via email will be answered within 24hrs of the initial email. All Phone and Chat inquiries will be dealt with immediately, any responses for issues that can not be dealt with immediately will be responded to within 24hrs.

Features & Functionality

Passwords

The member who created the account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Customer Support and potentially altering the Account Owner’s control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address.

BY SHARING THE SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Parental Controls

Please note however, the service is not directed at collecting information from children under the age of 13, nor is it intended to be used by a child without involvement and oversight from a parent. Therefore, if an Account Owner sets parental controls, the Account Owner should not reveal the account password to the child.

Account Access; Identity Protection

You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.

If you find that you’re a victim of identity theft and it involves a MobileFive GmbH account, you should notify customer service. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the websites and not through a hyperlink in an email, even if it looks official. MobileFive GmbH reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MobileFive GmbH is not obligated to credit or discount a membership for holds placed on the account by either a representative of MobileFive GmbH or by the automated processes.

Disclaimers of Warranties and Limitations on Liability

THE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. MobileFive GmbH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. MobileFive GmbH SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the service or on the website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the service and/or website or user interfaces, (iv) delivery and or display of any content contained on the website, user interfaces, or otherwise through the service; and (vii) any losses or damages arising from the use of the content provided on the website, user interfaces, or otherwise through the service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software or any conduct by users of the service, website or user interfaces.

TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on the service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon MobileFive GmbH or its affiliated parties.

IN NO EVENT SHALL MobileFive GmbH, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

MobileFive GmbH MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service. Click here to view the End User License Agreement.

Intellectual Property

Copyright

The Service, including all content included on the MobileFive GmbH website and user interfaces, or delivered to members as part of the service, including content, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of MobileFive GmbH or its suppliers and are protected by international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by MobileFive GmbH on our website and user interfaces, or in connection with the service are the exclusive property of MobileFive GmbH and its licensors and are protected by the copyright and trade secret laws in the territories in which the service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from MobileFive GmbH or its suppliers. You agree to adhere to the restrictions set forth under “MobileFive GmbH streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the service, not to insert any code or product or manipulate the content of the Service in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. MobileFive GmbH reserves the right to terminate your membership here under if MobileFive GmbH, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the MobileFive GmbH software restrictions, copying of games provided to you by us, the or the copying or other unauthorized use of our proprietary content. MobileFive GmbH does not promote, foster or condone the copying of content or any other infringing activity. The use of the service, including content made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Service, including any on the MobileFive GmbH website and user interfaces.

Please note MobileFive GmbH does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MobileFive GmbH. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MobileFive GmbH and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of games, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the Service, you consent to receiving electronic communications from MobileFive GmbH. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with MobileFive GmbH and you receive them as part of the membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.

Limitations on Use

You must be 18 years of age or older to become a member of the service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms of Use. While MobileFive GmbH does distribute products that may be consumed by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the service, without our express written consent. MobileFive GmbH does not promote, foster or condone the copying of games, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MobileFive GmbH without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the MobileFive GmbH name or trademarks without our express written consent. Any unauthorized use of the service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Links and Pages

Some of the hyperlinks on the MobileFive GmbH website may lead to other websites or other content that are not controlled by, or affiliated with, MobileFive GmbH. In addition, other websites may link to the MobileFive GmbH website or MobileFive GmbH may include links to the websites of businesses, including those that have associations with us through certain programs. For example, MobileFive GmbH may include pages that display and provide information on Applications, MobileFive GmbH ready devices or other products. These pages may provide links to third party sites where MobileFive GmbH members may obtain or purchase such Applications and devices. MobileFive GmbH has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that MobileFive GmbH is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled “Applications” and “How Our Services Work.”

Claims of Copyright Infringement

It is the policy of MobileFive GmbH to respect the intellectual property rights of others. MobileFive GmbH does not promote, foster or condone the copying of digital delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the service, or know of someone who is making unauthorized use of the content available through the service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material available through the service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

MobileFive GmbH Copyright Administrator for notice of claims of copyright infringement on this Site can be reached at copyright@mobilefive.net.

Dispute Resolution and Governing Law

These Terms and Conditions of Use shall be governed by, and interpreted and enforced in accordance with the federal laws of Germany applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of Germany, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this service.

Language

You agree that these Terms and Conditions of Use, the service and all communications with MobileFive GmbH shall be in the English language.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and MobileFive GmbH with respect to your use of this service and supersede all previous agreements, understandings and representations relating thereto.

No Waiver

No failure by MobileFive GmbH or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.