Mobilemo Terms of Service
Welcome to Mobilemo. Please read the following Terms of Service that govern your use of the Mobilemo Website and the Mobilemo service platform, owned and operated by Mobilemo Inc. (MMO or “I”, “We”, or “Us” depending on the context.) If you do not agree to the TOS, please do not use Mobilemo and subscribe to the Mobilemo service. By using the Mobilemo site and subscribing to Mobilemo, you hereby acknowledge that you are of legal age or have the legal authority to bind your company, institution, or organization to enter into this Service.
1. THE MOBILEMO SERVICE
The service is offered in the Mobilemo website. It is a platform that will enable individuals, institutions, businesses, and organizations to create and manage a mobile site or sites without expert knowledge of programming. By subscribing to Mobilemo, Mobilemo Inc. hereby grants you a limited, non-transferable, non-exclusive worldwide license to use the platform and access the service.
The Service includes the following:- 1. Use of the Mobilemo Platform to create and manage mobile sites.
- 2. Use of your own domain name for your mobile site.
- 3. Use of the Mobilemo Platform tools, namely, polling, page creation, site analytics,phone emulator, form creation, mobile code generation, Twitter feed, file management, and app creation.
- 4. Provisioning for mobile advertising.
- 5. Hosting of the mobile site in its servers.
- 6. Unlimited Storage for mobile contents.
- 7. Unlimited bandwidth for mobile contents.
- 8. A mobile coupon system.
We reserve the right to alter, add, subtract, or modify the features and will make the appropriate notice in the website. If you do not agree to these modifications, you have a right to terminate this service. Termination of the service, however, shall not entitle you to a refund of the sums already paid for the service rendered.
We are a provider of the software platform and software services and license the same to you for your use. We are not responsible for the Content you or your users upload on your site using our platform nor for how you use your site. If you choose to use your own mobile site domain name and such domain name is hosted in your server or third party servers, we shall establish a redirection to our servers whenever a user tries to access the domain name from a mobile phone to our servers where the sites are hosted and located. We make no warranties over the consistency and reliability of the redirection where we have no control or access to your servers.
Should you post ads in your mobile site or use a third party mobile ad network to do so, this shall entirely be your responsibility. Our platform will enable you to generate revenue by posting ads or using a third party ad network but we make no representations or warranties about the compatibility of your system or a third party ad network to work perfectly on our platform and we reserve the right to terminate your service if the ad network system interferes or causes harm to our Mobilemo platform.
As part of our service, we provide unlimited storage and unlimited bandwidth connection, provided that these are mobile friendly content, such as midi, 3GP, and excluding heavy file extensions, such as AVI and where individual file sizes exceed 5 MB.
Unlimited storage is also subject to our No Abuse policy. Unlimited storage cannot be abused by a Mobilemo subscriber with the intention, purpose, or effect of negatively affecting the service of other Mobilemo subscribers. Storage of data shall be used for purposes of supporting a mobile site and not for archiving. Mobilemo reserves the right, in its sole discretion, to terminate with notice the subscription and service of anyone found to be abusing the service by negatively affecting the service of others or to impose reasonable limits so as not to affect the service of others.
The Service includes the optimization of pages for mobile site viewing. However, due to numerous phone models in various countries of the world and the introduction of new models with different features every year, MMO makes no warranty that the mobile sites will be optimized for ALL mobile phones.
2. REGISTRATION RESPONSIBILITIES
In registering for an account in Mobilemo and for subsequent use, you agree:
- 1. To provide true, accurate, current, and complete information about yourself as prompted during the registration process;
- 2. To update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MMO has reasonable grounds to suspect, or have been advised that such information is untrue, inaccurate, not current, or incomplete, MMO has the right to suspend or terminate your account and refuse any and all current or future use of Mobilemo to you.
3. SUBSCRIBER ACCOUNTS
You will only be allowed to create and manage your own mobile site if you register using a valid email address and by supplying a password. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree:
not to use names that are trademarks of organizations, businesses, or government institutions that you do not own or have no written permission for as your mobile site name; not to upload logos, images, or other works of art that are properties or trademarks of a particular business, organization, or government institution without their express written permission; to immediately notify Mobilemo of any unauthorized use of your password or account and any other breach of security; and, to ensure that you exit from your account at the end of each session. MMO will not be liable for any loss to you or to third parties arising out of the unauthorized use of your password.
4. USER CONDUCT
You acknowledge that all information, audio, video, text, application, document, image, data, messages, and other materials (hereinafter referred to as “Content”), whether publicly posted or privately transmitted, are solely your responsibility. This means that you, and not MMO, are entirely responsible for all Content that you upload, post, email or otherwise transmit via Mobilemo. MMO does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree to not use Mobilemo to:
- 1. Upload, post, transmit, or link to any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, and those that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- 3. Upload, post, or transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or without right, retrieve any information from or otherwise interfere with the functioning of any computer;
- 4. Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, usolicited emails, or any other form of solicitation, except in those areas that are designated for such purpose;
- 5. Interfere with or disrupt Mobilemo servers, networks, and related computer systems, or disobey any requirements, procedures, policies or regulations of Mobilemo networks;
- 6. Manipulate identifiers in order to disguise the origin of any Content transmitted through Mobilemo;
- 7. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person, entity, or organization;
- 8. Act in a manner that negatively affects other users' ability to use Mobilemo;
- 9. Upload files or software that will put the entire network in jeopardy or affect the user experience of other Mobilemo subscribers;
- 10. Intentionally or unintentionally violate any applicable law or regulation;
- 11. Send out spam or unsolicited bulk email
- 12. Harass another user;
- 13. Harm minors.
MMO does not actively review the information uploaded, posted, transmitted or made available using the Mobilemo Platform. MMO shall not be responsible in any way for any such information and does not guarantee the accuracy, integrity or quality of such information. The foregoing notwithstanding, MMO shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content available via Mobilemo, including usernames and mobile site names, that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the posting and use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Mobilemo may preserve Content and may also disclose Content:
- 14. To its affiliated companies for the purpose of providing the Content to you in an efficient manner;
- 15. For the purpose of properly administering your account in accordance with the standard operating procedures of MMO, Mobilemo or its affiliated companies; and/or
- 16. If required to do so by law or in the good faith belief that any such disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Mobilemo, its users and the public.
You acknowledge that the technical processing and transmission of mobile sites, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You also agree to undertake best practices in creating and managing your mobile site as in posting your terms of use and privacy policy in your mobile site.
5. MOBILE APPS
The Mobilemo service includes mobile apps. When you sign up for a mobile app and specify your preferred application platform/s, you grant MMO the authority to publish the mobile app in application storefronts (Nokia Ovi Store, Android Market, iTunes App store, and other storefronts) under “best efforts” conditions, and you agree to abide by the requirements and Terms of Service of the application storefronts where you opt to publish your mobile app. MMO cannot always guarantee approval for publishing in your preferred app storefronts.
6. PROPRIETARY RIGHTS
These TOS do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary rights of MMO or any other party. You acknowledge and agree that the Mobilemo Platform and any necessary software used in connection with Mobilemo contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Mobilemo, any software it uses are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MMO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Mobilemo, in part or in whole. Unless expressly disallowed by a Mobilemo subscriber by fax, email, or letter, Mobilemo Inc. is hereby given permission to publicly identify your company or organization’s mobile site as being powered by Mobilemo.com and given a limited, non-exclusive, royalty-free, worldwide license to feature the subscriber’s mobile site in its website.
7. FEES
Registration to the Mobilemo service is Free. Afterwards, you have the option to upgrade your account with the following corresponding monthly fees: Basic ($50); Premium ($150); Plus ($300). You may also avail of add-ons with one-time fees (please refer to your Control Panel for the add-ons list and prices). Brands, agencies, digital publishers and other businesses or individuals with highly specialized requirements will be charged commensurate to the complexity of requirement and level of service required.
MMO reserves the right to modify, change, increase, or decrease the fees charged to you after the period you have signed up for with a 30 day notice. If you do not agree with the change in fees, you may terminate this Service by sending notice by fax, email, or post. MMO reserves the right to give promotional offers for new customers from time to time. Such promotional offers may or may not be more favorable than the terms under which you entered into this agreement. MMO is under no obligation to give the same promotional offers to you or to any of its existing clients.
By subscribing to a paid account, you agree for MMO to charge your credit card at regular intervals for the stated period unless terminated by you.
You agree to maintain valid credit card or bank information with MMO for the purpose of charging your account on dates due at stated intervals. Refusal or rejection of the credit card charge for any reason shall be grounds for service suspension or termination. MMO may impose a bank charge of $ 15 per transaction that has been rejected.
You may cancel at anytime, but all charges for services already rendered may not be subject of a refund.
8. INDEMNIFICATION
You expressly agree to indemnify and hold MMO and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the content you submit, post to or transmit through Mobilemo, your use of Mobilemo, your connection to Mobilemo, your violation of the TOS, or your violation of any rights of another. You expressly agree that MMO shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through Mobilemo. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any such information. MMO shall not be obligated to actively monitor or review the information which users or other third parties post, upload or transmit through Mobilemo. However, MMO reserves the right, in the exercise of its sole discretion but without any obligation, to refuse or remove any information available on or through Mobilemo that violates these TOS or is otherwise objectionable in the sole opinion of MMO.
9. DISCLAIMERS
You expressly acknowledge and agree that your use of Mobilemo is at your sole risk. Mobilemo is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, MMO expressly disclaims all warranties, conditions, and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard or reasonable care and skill or as to non-infringement of any intellectual property right.
Accordingly, any material downloaded or otherwise obtained through Mobilemo is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Mobilemo or through or from its service shall create any warranty or other obligation not expressly stated in the TOS.
The total sole and exclusive remedy available to you as the result of any breach of this agreement, negligence or any action or failure to act whether intentional or otherwise shall be the total amount of service fees paid by you to MMO in the three months immediately proceeding any allegation of entitlement to such remedy. In no event shall MMO be liable for any indirect, special, exemplary, punitive, incidental or consequential damages, loss of profits or loss of business as the result of any such action or inaction without regard to the likelihood of any such damages.
10. LIMITATION OF LIABILITY
You expressly acknowledge and agree that MMO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of Mobilemo.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Mobilemo of these TOS must be filed within one (1) year after such claim or cause of action arose or be.
11. ASSIGNMENT
Your rights under this agreement may be assigned only with the prior written consent of MMO. MMO rights under this agreement is not assignable without your prior written consent except to a subsidiary, principal shareholder, affiliated company, or owner of Mobilemo Inc.
12. GENERAL INFORMATION
These TOS constitutes the entire agreement between you and MMO and govern your use of Mobilemo, superseding any prior agreements between you and MMO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure by MMO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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. MMO's failure to act with respect to a breach by any user or others does not waive MMO's right to act with respect to subsequent or similar breaches. 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.
13. DISPUTE RESOLUTION
In the event of a dispute or claim arising under or associated with this TOS, including any amendments or related agreements or understandings, whether verbal or in writing, either party may give notice in writing to the other requiring that the parties resolve the dispute through the Electronic Courthouse™ (www.ElectronicCourthouse.com), a Web-enabled international dispute resolution service, and the parties shall, within [3] business days after such notice has been given, jointly submit the dispute to a single arbitrator jointly selected by the parties from the Electronic Courthouse’s international roster or, if they cannot agree, appointed by Electronic Courthouse, and the decision of the arbitrator, who shall determine the jurisdiction of the matter and the arbitration rules that shall apply, shall be final and binding, with no rights of appeal, and a judgment on the award of the arbitrator may be entered by any court having jurisdiction. Subject to the award of the Arbitrator, the cost of the Electronic Courthouse service shall be shared equally by the parties and, otherwise, each party shall bear its own costs, including any legal advice, associated with the resolution of such dispute.