1

Joylife Services

1.1

Joylife offers users chargeable value-added mobile services such as ringtones, logos, games, SMS messaging (hereinafter referred to as "Content" or "Services") for use on mobile devices. Joylife offers content for single download or on a subscription basis. In the case of a single download, one payment is required; no further obligations to pay exist on the part of the user. In the case of subscriptions, the respective subscription charges quoted become due on a regular basis for each period over the duration of the contract ("Settlement periods"). In addition, further charges may be incurred for single downloads.

1.2

Should subscription accounts be in credit (e.g. a certain number of free or reduced price downloads of content), such credit may only be used during the respective settlement period, which Joylife stipulates in connection with the application for or the offer of the service. Thereafter any such credit will expire. Any reimbursement or payment is excluded.

1.3

The currently valid charges (end prices incl. VAT), as well as the exact conditions of the subscription where applicable, are quoted as binding by Joylife in respect of the application for or offer of the respective service.

1.4

The charges for individual downloads are payable immediately upon conclusion of the contract. Subscription charges are due at the beginning of each settlement period. Payment by the user is carried out in accordance with the ordering method selected.

1.5

Joylife reminds the user that downloading content by WAP or GPRS incurs additional connection charges, the sum of which is subject to the conditions of the user's contract with his mobile telephony provider.

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2

Conclusion of Contract; Duration of Contract

2.1

In ordering a service from Joylife, the user shall be deemed to have made a binding offer to conclude a contract. Joylife shall accept this offer either by (i) supplying the service required, or by (ii) sending a link for a WAP download, or by (iii) granting the user access to the service.

2.2

In the case of individual services, the contract shall be deemed to be in force until the services that are the object of the contract have been performed in full.

2.3

A subscription contract shall be of indefinite duration. It may be terminated by the user or by Joylife with immediate effect on working days. A refund of payments already made for a commenced subscription settlement period will not be made. The user shall, however, be entitled to use up such amount of credit that exists from the termination date until the end of the respective settlement period.

2.4

The termination of a subscription contract shall exclusively be performed by SMS text messaging. In order to perform this, the user shall send a codeword specified by Joylife to a quick dial number provided by net-m.

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3

User Obligations

3.1

The services provided by Joylife shall be exclusively used on a non-commercial basis. Any further transmission of content to another mobile telephone, or duplication of such content that a user has received from net-m, shall not be permitted (also for private purposes).

3.2

The user undertakes to correctly provide the data requested by Joylife upon conclusion of the contract and to voluntarily provide updates where appropriate.

3.3

The user undertakes to refrain from misusing the services or from using them in any way that contravenes the law. In particular, the user undertakes to refrain from transmitting any content that is harmful to young persons, racist, criminal, or in any other way illegal or indecent.

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4

Guarantee; Liability

4.1

Joylife shall make its best efforts to provide the content ordered by the user as soon as possible. Joylife is, however, dependent upon the services of third parties in the transmission of content, particularly upon those services provided by mobile telephony service providers. Joylife shall, therefore, accept no responsibility for guaranteeing immediate transmission of the content ordered, or for providing a permanent and uninterrupted access to its services.

4.2

The use of the Joylife services is based upon the assumption that the user is in possession of a mobile device which supports the technical requirements of the service required. Some content is only available for devices from specific manufacturers or of a specific type. You will find detailed information on the Joylife website at: www.joylife.de.

4.3

In the event of wilful or gross negligence, as well as in the event of any specific feature offered being missing, Joylife shall assume unlimited liability for all damage arising therefrom. In the event of minor negligence, Joylife shall only bear liability for material or financial damage to the level that could have been reasonably assumed upon conclusion of the contract. Liability in accordance with product liability law remains unaffected.

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5

Data protection

5.1

The user confirms agreement that all data provided to Joylife may be collated, saved, further processed and used in accordance with the provisions of the BDSG (German Fed-eral Data Protection Act), the TKG (German Telecommunications Law) and the TDDSG (German Teleservice Protection Act) inasmuch as this is required for the purposes of the contract.

5.2

The user confirms agreement with the transmission of data by Joylife to affiliated companies within the context of § 15 AktG (German law concerning international company affiliation) inasmuch as the purpose of usage of the data remains unaffected: this applies in particular to cross-company services in connection with contract fulfilment.

5.3

The user agrees that his master data (i.e. data for the justification, structural formulation, change or termination of contractual agreement, or termination of the contractual relationship) - in particular his mobile telephone number (MSISDN) and the existence of his orders for content from Joylife - may be used for providing the user with advice, for advertising Joylife's own services or for market research. The user can stop this use of his master data indefinitely at any time by sending a text message with "Werbung Stop" to 86677 (19 cents/message) or by writing to Joylife at the above address.

5.4

Any collation or processing of the user's personal data beyond the extent of that described above shall only be permissible subject to the prior agreement of the user.

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6

Change of the Usage and Subscription Conditions

6.1

Joylife mobile reserves the right to change these usage conditions at any time. The usage conditions that are currently in force at the time of using the service shall be applicable.

6.2

Joylife is entitled to make changes to subscription conditions at any time, and to change the content of subscriptions or to terminate subscriptions. Joylife shall inform the user of such by test message.

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7

Applicable Law, Place of Jurisdiction

7.1

The contractual relationship of the parties shall be subject to the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

7.2

Should the customer be a business, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Düsseldorf. This shall also apply should the customer have no general place of jurisdiction in the Federal Republic of Germany or should he have adopted a domicile outside the Federal Republic of Germany following conclusion of the contract. Joylife is, however, entitled to take proceedings against the customer at any other place of jurisdiction.

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Revocation instruction for consumer contracts

DThe user is entitled to revoke his declaration of intent to conclude the contract without stating reasons within two weeks in written form (e.g. letter, fax, e-mail). The period commences upon receipt of this instruction. To observe the period of revocation it is sufficient to send the revocation within this period. The revocation should be addressed to:

Joylife,
Zollhof 17,
D 40221 Düsseldorf,
Germany
* Fax: +49 (0) 211 / 97020-999

Consequences of revocation
In the event of an effective revocation, the services performed by both parties shall be returned. If you cannot return the service received fully or only in a deteriorated condition, you will be liable to reimburse us to that extent.

The right to revocation shall expire in advance should Joylife have commenced with the performance of the service in accordance with your express agreement prior to the end of the revocation period (e.g. supply of the service ordered), or should you have initiated this yourself (e. g. by downloading content.)

End of the revocation instruction.

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