Terms of Service

MoBusiness
MoPersonal

MOBUSINESS TERMS OF SERVICE

Welcome to MoBusiness. Please read the following Terms of Service that govern your use of the Mobilemo Website and the MoBusiness service platform, owned and operated by MRM Studios Inc. (MRM 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 MoBusiness service. By using the Mobilemo site and subscribing to MoBusiness, 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.

THE MOBUSINESS SERVICE

The MoBusiness is a service offered in the Mobilemo website. It’s 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 MoBusiness, MRM Studios 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, microblogging, posting tweets, and file sharing.
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 delivery and tracking system for upgraded accounts.
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 MoBusiness platform.

As part of our service, we provide unlimited storage and unlimited bandwidth connection, provided that these are mobile friendly content, such as midi, 3GPP, 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 MoBusiness subscriber with the intention, purpose, or effect of negatively affecting the service of other MoBusiness 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, MRM makes no warranty that the mobile sites will be optimized for ALL mobile phones.

REGISTRATION RESPONSIBILITIES

In registering for an account in MoBusiness 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 MRM has reasonable grounds to suspect , or have been advised that such information is untrue, inaccurate, not current, or incomplete, MRM has the right to suspend or terminate your account and refuse any and all current or future use of MoBusiness to you.

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. MRM will not be liable for any loss to you or to third parties arising out of the unauthorized use of your password.

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 MRM, are entirely responsible for all Content that you upload, post, email or otherwise transmit via MoBusiness. MRM 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 MoBusiness 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 MoBusinesssubscribers;
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.
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 MRM, 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.

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 MRM or any other party. You acknowledge and agree that MoBusiness and any necessary software used in connection with MoBusiness and Mobilemo contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that MoBusiness, any software it uses are 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 MoBusiness, in part or in whole.

Unless expressly disallowed by a MoBusiness subscriber by fax, email, or letter, MRM Studios 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.

FEES

By registering for this service, you are entitled to a promotional offer of $ 1 for the first month and $ 49.99 monthly thereafter. This means that you will be charged $ 1 in your credit card for the first month. Subsequently, you shall be charged the amount of $ 49.99 a month or a discounted annual rate on your credit card or whatever price is posted on the website. With prior arrangement with MRM, you may pay by check or wire transfer.
MRM 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.
MRM 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. MRM is under no obligation to give the same promotional offers to you or to any of its existing clients.
By subscribing to this Service, you agree for MRM 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 MRM 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. MRM 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.

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 MoBusiness, your use of MoBusiness, your connection to MoBusiness, 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 MoBusiness. 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 MoBusiness. 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 MoBusiness that violates these TOS or is otherwise objectionable in the sole opinion of MRM.

DISCLAIMERS

You expressly acknowledge and agree that your use of MoBusiness is at your sole risk. MoBusiness 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.
Accordingly, any material downloaded or otherwise obtained through Mobilemo or MoBusiness 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 MoBusiness 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 MRM in the three months immediately proceeding any allegation of entitlement to such remedy. In no event shall MRM 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.

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 resulting from your use of Mobilemo and MoBusiness.
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 and MoBusiness of these TOS must be filed within one (1) year after such claim or cause of action arose or be

ASSIGNMENT

Your rights under this agreement may be assigned only with the prior written consent of MRM. MRM rights under this agreement is not assignable without your prior written consent except to a subsidiary, principal shareholder, affiliated company, or owner of MRM Studios Inc.

GENERAL INFORMATION

These TOS constitutes the entire agreement between you and MRM and govern your use of MoBusiness and its mother site, 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.
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.

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.

MOBILEMO AND MOPERSONAL TOS

Welcome to Mobilemo and its free service, MoPersonal. Please read the following Terms of Service that govern your use of Mobilemo, a service owned and operated by MRM Studios, Inc. (“MRM”, or “We”, “I”, “Us” or “Our”, depending on the context) and its free service, MoPersonal. By using Mobilemo and MoPersonal, you acknowledge that you are 18 years old or above and have completely read, understood, and agreed to Mobilemo's Terms of Service (hereinafter referred to as "TOS") and Privacy Policy. Accordingly, your access and use of Mobilemo are subject to the TOS and Privacy Policy, as may be amended and updated by MRM without notice to you. You are responsible for regularly reviewing the TOS and Privacy Policy for amendments and updates. If you do not agree with the TOS, please stop using the site and the service.

THE MOBILEMO SERVICE.

Mobilemo allows individuals or institutions to use its platform in creating and managing their mobile sites. Under the MoPersonal service platform, this service is free.
The Service includes the following:
1. Use of the Mobilemo Platform to create and manage mobile sites.
2. Use of the Mobilemo Platform tools, namely, polling, page creation, ,
  phone emulator, form creation, mobile code generation, microblogging, and file sharing.
3. Hosting of the mobile site in its servers.
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.
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
Under the MoPersonal account, you are entitled to 500MB of free storage. We reserve the right to increase or decrease the amount of free storage we make available to our MoPersonal members. You shall be notified appropriately if there are any changes in our policy on free storage.
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, MRM makes no warranty that the mobile sites will be optimized for ALL mobile phones.
As part of the free service, we reserve the right to post ads in your mobile site and in the Mobilemo website, including your control panel.

REGISTRATION RESPONSIBILITIES.

In registering for an account in Mobilemo’s MoPersonal service 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 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,
MOBILEMO PRIVACY POLICY.
You hereby allow our use of your registration information and other information about you pursuant to the Mobilemo Privacy Policy, as may be amended from time to time. Please read our privacy policy at http://www.mobilemo.com/privacy.php. It is your responsibility to view the Mobilemo Privacy Policy for amendments, and your continued use of our service shall be deemed as acceptance of any amendments to the Mobilemo Privacy Policy.

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:
1. not to use names that are trademarks of organizations, businesses, or government institutions as your mobile site name;
2. not to upload logos, images, or other works of art that are properties or trademarks of a particular business, organization, or government institution;
3. to immediately notify Mobilemo of any unauthorized use of your password or account and any other breach of security; and,
4. 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 whom 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:
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, 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. intentionally or unintentionally violate any applicable law or regulation;
10. harass another user;
11. harm minors; or,
12. collect personal, private data about other users without their knowledge and consent.
13. to its affiliated companies for the purpose of providing the Content to you in an efficient manner;
14. for the purpose of properly administering your account in accordance with the standard operating procedures of MRM, Mobilemo or its affiliated companies; and/or
15. 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
1. With respect to Content you elect to post 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.
2. With respect to all other Content you elect to post to other publicly accessible areas of Mobilemo, you grant MRM irrevocable and perpetual permission to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Content (in whole or part) worldwide in connection with this Service and only in connection with this Service.
  By transmitting, uploading, posting or submitting any information to Mobilemo you:
3. declare such information is not confidential, secret or proprietary information;
4. warrant that no other party has rights under applicable law or contract to the information that are violated by your transmission, posting, uploading, or submission of such information and content to Mobilemo; and, irrevocably grant to MRM permission to use, display, perform, distribute, modify, reproduce and publish the information in connection with the Service.

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:
1. 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;
2. 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,
3. 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

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 Mobilemo, any software it uses, and Content contained in sponsor advertisements or information presented to you through Mobilemo or advertisers, are 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):
1. 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,
2. 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.

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, 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. Without limiting the generality of the foregoing, MRM makes no warranty or representation that:
1. Mobilemo will meet your requirements;
2. Mobilemo will be uninterrupted, timely, secure, or error-free;
3. the quality of any products, services, information, or other material purchased or obtained by you through Mobilemo will meet your expectations;
4. any errors in Mobilemo will be corrected;
5. any information available on or through Mobilemo will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties;
6. information available on or through Mobilemo will not contain adult-oriented material or material which some individuals mat deem objectionable; or,
7. 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.

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:
1. the use or inability to use Mobilemo;
2. 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;
3. Unauthorized access to or alteration of your transmission or data;
4. Statements or conduct of any third party on Mobilemo; or,
5. 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.

TRADEMARK INFORMATION

Mobilemo, Create and Manage Your Mobile Site, MoPersonal, MoBusiness, moEmulator, MoCommunity, the Mobilemo logo, design, and other logos and service names are trademarks (the “Marks”) of MRM. You shall not use of any the Marks without MRM’s prior permission.

GENERAL INFORMATION

These TOS constitutes 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.
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.

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.

VIOLATIONS
Please report any violations of the TOS to Mobilemo via e-mail at legal@mobilemo.com.