Terms of Service
Welcome to mobilemo. Please read the following Terms of Service that govern your use of Mobilemo. By using mobilemo, you acknowledge that you are 18 years old or above and have completely read, understood, and agreed to Mobilemo's Terms of Service and Privacy Policy. You are bound by hereunder terms of service.
MRM Studios, Inc. (hereinafter referred to as “MRM”) owns and operates Mobilemo. Your access and use of mobilemo are subject to the following Terms of Service (hereinafter referred to as "TOS") which may be updated by MRM without notice to you. Therefore, you must constantly review the TOS for possible updates and changes. Your use of Mobilemo indicates your knowledge of the latest TOS and signifies your acceptance of all its provisions.
- THE MOBILEMO SERVICE
mobilemo allows individuals, businesses, non-profit organizations, and various institutions to use its platform in creating and managing their mobile sites. In order to use Mobilemo, you must obtain access to the World Wide Web at your own expense. You should provide yourself all the equipment necessary to make a connection to the Internet and pay any service fees associated with such access.
Your use and interactions with individual mobile sites created using mobilemo are solely your own responsibility. MRM does not make any warranty, express or implied, on any of its user-generated mobile sites. MRM does not endorse a particular mobile site nor guarantee any claims made in it or about it. You hereby hold MRM, its officers, and directors, free and harmless from any claim or damages incurred by your personal interaction with any mobile site. - REGISTRATION RESPONSIBILITIES
In registering for an account in mobilemo and for subsequent use, you agree:
- that you are 18 years old or above and have completely read, understood, and agreed to Mobilemo's Terms of Service and Privacy Policy;
- to provide true, accurate, current, and complete information about yourself as prompted during the registration process;
- 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 MRM has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mobilemo has the right to suspend or terminate your account and refuse any and all current or future use of Mobilemo; and,
- to if you permit your children to use Mobilemo, you should assist them in creating accounts and supervise their access. It is your responsibility as a parent and legal custodian to determine whether any of the content is appropriate for your child.
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MEMBERSHIP TYPES
mobilemo offers free and premium membership to both MoPersonal and MoBusiness. Free membership is an ad-supported service and requires no payment from the user. By signing up as a free member, you agree to accept advertisements on your mobile site. MRM reserves the right to control a certain amount of space in your mobile site and place advertisements. MRM may or may not share any revenue with you. Sharing of revenue is at the absolute discretion of MRM. If you do not want to accept any advertisements on your mobile site, please do not register as a free member. Meanwhile, premium membership requires a fee from the user. The fee for premium membership varies depending on whether the mobile site is classified under MoPersonal or MoBusiness. Generally, premium membership for MoBusiness is a little more than the cost of premium membership under MoPersonal since businesses require more sophisticated tools for commercial needs. MRM reserves the right to change the pricing of its premium membership for both MoPersonal and MoBusiness. Mobilemo accepts payment through 2Checkout and Paypal. MRM Studios Asia, Ltd., a subsidiary, receives payment made through Paypal. Mobilemo may offer payments on a monthly, quarterly, semi-annual, or yearly basis. Due to the smallness of the fees and the associated costs of accepting and processing micropayments, fees for premium membership are non-refundable.
- MOBILEMO PRIVACY POLICY
Registration information and other information about you is subject to the mobilemo Privacy Policy. Please read our privacy policy at http://www.mobilemo.com/privacy.php. Given that the mobilemo Privacy Policy is part of the TOS, acceptance of the TOS by virtue of using mobilemo would also mean acceptance of the mobilemo Privacy Policy and all its provisions.
- MEMBER 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 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;
- 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. MRM will not be liable for any loss or damage arising from your failure to do so.
- 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 the sole responsibility of the person from which such Content originated. This means that you, and not MRM, are entirely responsible for all Content that you upload, post, email or otherwise transmit via Mobilemo. Mobilemo does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that by using Mobilemo, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MRM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Mobilemo.
You agree to not use Mobilemo to:
- upload, post, transmit, or link to any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 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;
- upload, post, or transmit any material that contains software viruses 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;
- upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose;
- interfere with or disrupt Mobilemo servers, networks, and related computer systems, or disobey any requirements, procedures, policies or regulations of Mobilemo networks;
- manipulate identifiers in order to disguise the origin of any Content transmitted through Mobilemo;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person, entity, or organization;
- act in a manner that negatively affects other users' ability to use Mobilemo;
- intentionally or unintentionally violate any applicable law or regulation;
- harass another user;
- harm minors; or,
- collect personal data about other users.
MRM does not actively review the information uploaded, posted, transmitted or made available on or through Mobilemo. MRM shall not be responsible in any way for any such information and does not guarantee the accuracy, integrity or quality of such information. You understand that by using Mobilemo you may be exposed to information that is offensive, indecent or otherwise objectionable. MRM shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via Mobilemo. Without limiting the foregoing, MRM shall have the right to remove any Content, 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 use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mobilemo or submitted to Mobilemo.
You acknowledge and agree that Mobilemo may preserve Content and may also disclose Content:
- to its affiliated companies for the purpose of providing the Content to you in an efficient manner;
- for the purpose of properly administering your account in accordance with the standard operating procedures of MRM, Mobilemo or its affiliated companies; and/or
- 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 Mobilemo, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Mobilemo reserves the right to terminate your access to some or all parts of Mobilemo if you withdraw your consent in this paragraph at any time.
- PUBLIC CONTENT POSTED ON MOBILEMO
- With respect to Content you elect to post for inclusion in publicly accessible areas of Mobilemo, including the profile pages, static pages, and the MoCommunity, you grant MRM a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on Mobilemo solely for the purpose of displaying, distributing and promoting the specific mobile site or feature to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to Mobilemo. This license exists only for as long as you elect to continue to include such Content on Mobilemo and shall be terminated at the time you delete such Content from Mobilemo.
- With respect to all other Content you elect to post to other publicly accessible areas of Mobilemo, you grant MRM the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
By transmitting, uploading, posting or submitting any information to Mobilemo you:
- declare such information is not confidential, secret or proprietary information;
- warrant that no other party has rights to the information and that your transmission, posting, uploading, or submission of such information and content to Mobilemo does not violate any copyright or other laws; and,
- irrevocably grant to MRM a worldwide, royalty-free, non-exclusive, perpetual license to use, display, perform, distribute, modify, reproduce and publish the information in any form anywhere.
Certain areas of Mobilemo contain information supplied by visitors and others. MRM Studios, Inc. is not responsible for comments, advice, information or any other posting made by users, visitors, or others in public areas. MRM reserves the right, but without any obligation, to review materials posted in public areas and to delete or edit them at any time for any reason or for no reason. - ADVERTISERS AND MERCHANTS
Your business dealings with or participation in promotions of advertisers and merchants found on or through Mobilemo, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that:
- Mobilemo shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on Mobilemo;
- any orders placed by you on, and any product specifications and product availability appearing on Mobilemo are subject to confirmation by, and the terms and conditions of the relevant Merchant; and,
- from time to time we may run competitions, free prize draws and promotions on Mobilemo. These will be subject to additional terms that will be made available at the time of such competitions.
- USE AND STORAGE
You acknowledge that MRM may establish general practices and limits concerning the use of Mobilemo, including without limitation the maximum number of days that messages, comments, polls, forum postings, or other uploaded Content will be retained by Mobilemo, the maximum number of "messages" that may be sent from or received by an account, the maximum size of any file that may be uploaded or downloaded by an account, the maximum disk space that will be allotted to its members, and the maximum number of times (and the maximum duration for which) you may access Mobilemo in a given period of time. You agree that MRM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Mobilemo. You acknowledge that MRM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MRM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- MODIFICATIONS TO SERVICE
MRM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Mobilemo (or any part thereof) with or without notice. You agree that MRM shall not be liable to you or to any third party for any modification, suspension or discontinuance of Mobilemo.
- TERMINATION
You agree that MRM, in its sole discretion, may terminate your password, account (or any part thereof) or use of Mobilemo, and remove and discard any Content within Mobilemo, for any reason, including, without limitation, for lack of use or if Mobilemo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MRM may also in its sole discretion and at any time discontinue providing Mobilemo, or any part thereof, with or without notice. You agree that any termination of your access to Mobilemo under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Mobilemo may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that Mobilemo shall not be liable to you or any third-party for any termination of your access to Mobilemo.
- LINKS
Mobilemo may provide, or third parties may provide, links to other websites, mobile/wireless internet sites, or resources. Because MRM has no control over such sites and resources, you acknowledge and agree that MRM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The inclusion of any link on Mobilemo does not imply endorsement by MRM of the linked site or its sponsoring organization. Your linking to any off-site web pages or other websites is at your own risk. MRM reserves the exclusive right in its sole discretion to add, decline or remove, without notice, any icon or link to any other website. You further acknowledge and agree that MRM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- PROPRIETARY RIGHTS
- Copy, remove, modify, transcode, adapt, change, alter presentation, markup code, interfere with, obscure, reformat, reverse engineer or decompile, transfer or otherwise make available Mobilemo or its Content or any information learned by You while using or accessing Mobilemo, or any software used to operate Mobilemo or provide its services, or use any automated means to adapt/transform content and monitor Mobilemo; or,
- Remove, obscure or change any copyright, trademark or other intellectual property right notices displayed on Mobilemo or displayed on any material copied or printed from Mobilemo.
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DISCLAIMERS
MRM and all other parties involved in the creation, production, maintenance, or delivery of Mobilemo disclaim any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to Mobilemo and any information, software, products, and services provided on or through Mobilemo, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. MRM assumes no responsibility and shall not be liable for any damages to, or viruses that may affect your computer equipment or other property in connection with your access to, use of, browsing, or your downloading of any information from Mobilemo.
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, MRM 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.
- MRM makes no warranty or representation that:
- Mobilemo will meet your requirements,
- Mobilemo will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from Mobilemo will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through Mobilemo will meet your expectations,
- any errors in Mobilemo will be corrected,
- any information available on or through Mobilemo will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties,
- the information available on or through Mobilemo will not contain adult-oriented material or material which some individuals mat deem objectionable; or,
- the functions or services performed by Mobilemo will be uninterrupted or error-free or that the defects in Mobilemo will be corrected. MRM makes no representations or warranties as to the suitability of the information available or with respect to its legitimacy, legality, validity, quality, stability, completeness, accuracy or reliability. MRM does not endorse, verify or otherwise certify the content of any such information. Some jurisdictions do not allow the waiver of implied warranties, so the foregoing exclusions, as to implied warranties, may not apply to you.
- 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, obtain by you from Mobilemo or through or from its service shall create any warranty or other obligation not expressly stated in the TOS.
- LIMITATION OF LIABILITY
You expressly acknowledge and agree that MRM 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 (even if MRM has been advised of the possibility of such damages) resulting from:
- the use or inability to use Mobilemo;
- the cost of procurement of substitute goods and services resulting from any goods, data, information r services purchased or obtained or messages received or transactions entered into through or from Mobilemo;
- Unauthorized access to or alteration of your transmission or data;
- Statements or conduct of any third party on Mobilemo; or,
- any other matter relating to 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 forever barred.
- INDEMNIFICATION
You expressly agree to indemnify and hold MRM 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 MRM 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. MRM shall not be obligated to actively monitor or review the information which users or other third parties post, upload or transmit through Mobilemo. However, MRM 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 MRM.
The information on Mobilemo may include inappropriate material. By entering or using Mobilemo, you undertake full responsibility to:
- determine whether the information complies with your needs;
- determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you: and,
- comply with any and all legal obligations, including without limitation obligations imposed by copyright, trademarks, trade secret, defamation, indecency, online conduct, and acceptable content, privacy and export laws. If you do not agree to these terms, do not enter or use Mobilemo.
- EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In particular, nothing in thee TOS shall affect the statutory rights of any consumer or exclude r restrict any liability for death or personal injury arising from the negligence or fraud of MRM.
- TRADEMARK INFORMATION
mobilemo, Mobilemo, Create and Manage Your Mobile Site, MoPersonal, MoBusiness, moEmulator, MoCommunity, Mobilemo Interactive Emulator, Interactive Emulator, the Mobilemo logo, design, and other logos and service names are trademarks of MRM Studios, Inc. Without MRM Studios, Inc.'s prior permission, you agree not to display or use them in any.
- GENERAL INFORMATION
These TOS constitute the entire agreement between you and MRM and govern your use of Mobilemo, superseding any prior agreements between you and MRM. 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. You and MRM agree to submit to the exclusive jurisdiction of the Republic of the Philippines courts. The failure by MRM 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. MRM's failure to act with respect to a breach by any user or others does not waive MRM'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. This agreement shall be interpreted in accordance with the laws of the Republic of the Philippines without regard to conflict of law principles. All claims arising from this agreement must be filed in courts located in Makati City, Philippines.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
- VIOLATIONS
Please report any violations of the TOS to mobilemo via e-mail at legal@mobilemo.com.
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 MRM or any other party. You acknowledge and agree that Mobilemo 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 Content contained in sponsor advertisements or information presented to you through Mobilemo or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by MRM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Mobilemo, in part or in whole. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Mobilemo, use of Mobilemo, or access to Mobilemo.
You may not unless expressly permitted (by a separate license on Mobilemo or otherwise):