Terms & conditions

Terms of Service for LOST
This agreement (the "Agreement") is entered into by and between you ("you") and LOST, ("LOST") regarding your use of the LOST (the "Service"). By using the Service, you are entering into this Agreement with LOST and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the Service.

1. Priority. This Agreement, sets forth the terms and conditions under which LOST makes the Service available to you.
   
   
2. Proper Use. You agree that you will use the Service in compliance with all applicable local, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit translations that are unlawful, defamatory, harassing, abusive, fraudulent, obscene or are otherwise objectionable. You further agree not to submit questions or comments designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute replies for any public or commercial purpose without the written permission of LOST. LOST does not edit, screen, filter, modify, or otherwise monitor the content of requests for translation or comments in advance of providing these to the Service. LOST reserves the right not to respond to requests that violate the foregoing conditions and to delete or edit translation requests, in whole or in part, from the Service at any time for any reason. Further LOST reserves the right to refuse service to anyone at any time without notice for any. LOST will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
   
   
3. Not Professional Translations. LOST is a fun service. Information provided via the Service is not intended to be a substitute for informed professional translations.
   
   
4. Use of Information. The translation requests you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, LOST shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your requests and/or the corresponding translation without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. LOST will not, however, publicly disclose your translation requests in a manner that directly associates them with you (except where you include personally identifiable information in a translation request and such transation is Used by LOST as provided).
   
   
5. Translation Charge. When a translation request has been sent to the Service, LOST has the full right to charge to the mobile handset that the request originated from. The charge will be handled in two ways: A prepaid contract will receive the charge on their next statement from their Network Operator, A Pay as you go customer will have the amount deducted from their credit immediately.
   
   
6. Refund Policy. The Service will not provide any refunds irrespective of the supplied information being found to be inaccurate, misleading or too general in response. If an incorrect billing message is sent to a mobile handset then a full refund will be received by the owner of the handset.
   
   
7. Unable to Charge. If LOST are unable to charge you for a translation provided to your handset due to lack of available funds then LOST reserve the right to continue to try and take this charge from your handset for a period of 60 days. Furthermore, during this time, LOST will ignore all further requests from the said handset until the previous outstanding balance has been cleared. Furthermore, LOST reserve the right to permanently refuse translation request from a mobile for any reason.
   
   
8. No Warranty. The information provided by LOST pursuant to this Service is derived from the LOST translation database and is provided by to reply to your translation request. The Information has not been verified, however, and LOST do not represent that it is accurate, correct, complete, reliable, or otherwise valid. LOST does not endorse or support any opinion expressed in an translation response. The information and service is provided "as is" with no warranty of any kind and you use the service at your own risk. The content of the translation request, is provided by and is the responsibility of the person posting such items. LOST expressly disclaim any warranty, express or implied, regarding the service, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some countries do not allow the exclusion of warranty, so the above exclusions may not apply to you.
   
   
9. Limitation of Liability. Under no circumstances will LOST be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service whether or not LOST have been advised of the possibility of such damages. Under no circumstances shall LOST be liable to you for any amount translations provided pursuant to this agreement, rather your sole and exclusive remedy shall be the refund of fees actually paid by you to LOST for any instance of use of the services that gives rise to a claim. To the extent that any translation refers to any product, manufacturer, distributor, company, service or service provider, LOST expressly disclaims any association with, endorsement of or liability for any such product, manufacturer, distributor, company, service or service provider. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
   
   
10. Hold Harmless and Indemnity. You agree to hold harmless and indemnify LOST, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, LOST will provide you with written notice of such claim, suit or action.
    
    
11. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against LOST and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents of other countries similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
    
    
12. No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without LOST's prior written consent. Any such purported assignment or delegation by you without LOST's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by LOST at its sole and absolute discretion.
    
    
13. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
    
    
14. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the English Law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final. The arbitration shall be conducted in England and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, LOST may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
    
15. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. LOST's failure to act with respect to a breach by you or others does not waive LOST's right to act with respect to subsequent or similar breaches. The failure of LOST to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of  England. This Agreement constitutes the entire agreement between LOST and you with respect to the subject matter hereof.