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THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND THE PRIVACY POLICY AVAILABLE AT http://m.mobshare.in/privacy ("PRIVACY POLICY") SHALL GOVERN THE USE BY YOU OF THIS WEBSITE ( "MOBSHARE SITE" OR "MOBSHARE SERVICES") AND TOGETHER SHALL CONSTITUTE AN AGREEMENT BETWEEN YOU AND MOBME WIRELESS SOLUTIONS PRIVATE LIMITED, KERALA, INDIA ("MOBME"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, YOU ARE NOT ALLOWED TO USE THIS SITE.
MOBSHARE Service is an Internet based service hosted by mobME that allows users to upload, share, comment, rate and download content for personal computers and mobile devices that access the Internet.
mobME may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to such sites you agree to review and accept such site's rules of use before using such site. You access the third-party sites at your own risk. mobME does not assume any responsibility for material created or published by such third-party sites. By providing a link to a third party site mobME does not imply that mobME endorses the site or the products or services referenced in such third party site.
MOBSHARE Services are available for users who are thirteen (13) years of age or older. Notwithstanding the foregoing, if you are thirteen (13) years of age but deemed as a minor under the legislation of your country, you should review these Terms and Conditions with your parent or legal guardian and get their prior approval for registration and/or use of MOBSHARE Site.
In order to use certain features of MOBSHARE Services, you need to register. To register for the MOBSHARE Service you need to create a username, which is your mobile number, and a password. You agree to provide truthful, accurate and complete information when you are registering to the MOBSHARE Services and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the MOBSHARE Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify mobME against any loss or damage caused as a result of misuse of the MOBSHARE Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.
mobME requests you to promptly notify mobME of any unauthorized use of your username or of any other inappropriate use of the MOBSHARE Services mobshare@mobme.in
Save for all User Content (as defined in section 6 below), the content on MOBSHARE Services including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials ("Content") are owned or licensed by mobME and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by mobME or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, distributed, sold, licensed or exploited in any other way without the written consent of mobME or the respective right holder. mobME also permits you to establish a link to materials on the MOBSHARE Site for personal and non-commercial use. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of mobME or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content for your personal and non-commercial use. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.
MOBSHARE Services allow users to upload, download, host, share and/or publish content including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials ("User Content").
You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms and Conditions. If your User Content contains a link to content of a third party, you shall be responsible for acquiring consent for creating such link prior to making the User Content available if the consent is required by applicable legislation or terms of use of the linked sites. Upon such submission of any User Content to the MOBSHARE Site, for example, in comments, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant mobME worldwide, royalty-free, non-exclusive, assignable and sub-licensable license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies thereof to the extent required for the MOBSHARE Service. This foregoing license shall remain in force as long as your User Content is available at the MOBSHARE Site and for a reasonable period thereafter.
When other users of MOBSHARE Site access or download your User Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies of such User Content in their personal and non-commercial use.
By submitting User Content to the MOBSHARE Service you represent and warrant that:
(a) You own the User Content submitted by you to the MOBSHARE Service or otherwise have the right to grant the License set forth in this section. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
(b) User Content submitted by you does not contain a virus, Trojan horse, "sniffer" routines, backdoors, "robots", "spiders", worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
(c) you will not submit any advertisements or solicitations of business;
(d) User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
(e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the MOBSHARE Service, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any MOBSHARE Service's visitor's computer system.
mobME further requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the MOBSHARE Site. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your sub-missions of photos or videos to the MOBSHARE Site.
Any User Content which does not comply with the foregoing is strictly prohibited. mobME expressly disclaims any liability arising out of or relating to the User Content.
Written notifications of claimed copyright infringement should be sent to mobME's designated copyright/legal agent at Copyright Department, mobME Wireless Solutions Private Ltd, 41/3197, 4th Floor, Bhageeratha Square, Bannerji Road, Cochin North, Kerala, India 682018 fax: +91-484-2392226, e-mail: mobshare@mobme.in with subject "Copyright Notice".To be effective, the notification must include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) Identification or description of the copyrighted work claimed to have been infringed;
(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
(4) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us at [address for complaints] and/or to [dedicated email address] stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful.
mobME may remove any User Content that in the sole judgement of mobME violates the Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. mobME assumes no responsibility for monitoring the MOBSHARE Services for inappropriate User Content or conduct. If at any time mobME chooses, at its sole discretion, to monitor the MOBSHARE Services, mobME nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. Other users of the MOBSHARE Services will be asked to report all User Content inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication at mobshare@mobme.in
Please be aware that the submission of comments or information through other similar medium will be published in a public forum and subject to many kinds of different users of different age and level of experience and mobME does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.
THIS MOBSHARE SITE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY MOBME ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBME DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. MOBME RESERVES THE RIGHT TO REVISE THE SITE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. MOBME EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE MOBSHARE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. MOBME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE MOBSHARE SERVICES.
Personal information, such as your name, address, e-mail address and phone number ("Personal Information") i) submitted by you on or through this MOBSHARE Site and ii) collected in the course of providing the service is processed in accordance with the MOBSHARE Site's Privacy Policy. You acknowledge that the Privacy Policy explains how we track your usage of the service and process your personal data thereto including without limitation the purposes for which personal data is used, the categories of processed personal data, the disclosures of such personal data and the transfers of such personal data, which may take place also to countries outside INDIA in the course of the provision of the service. You agree and consent to such processing by accepting these terms and conditions. For further information please review the Privacy Policy at http://m.mobshare.in/privacy.
You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our clients from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use. To prohibit the use of your personal data for direct marketing purposes or to amend, review or remove your personal data, please change your privacy & profile settings after logging into MOBSHARE.
The use of the MOBSHARE Services is free of charge. mobME reserves the right to charge for the MOBSHARE Services and to change its fees from time to time, at its discretion. mobME may from time to time launch other services which may be subject to a separate charge and terms.
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, MOBME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MOBSHARE SITE IS HOSTED AND MADE AVAILABLE FROM INDIA. IN THE EVENT YOU ACCESS MOBSHARE SITE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOBME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: I) YOUR BREACH OF THESE TERMS AND CONDITIONS or PRIVACY POLICY; II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.
These Terms and Conditions are effective as of 12th December 2006 and are valid until further notice. mobME has the right to change these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting a notification on this site and you agree to be bound to any and all of the changes when you use the MOBSHARE Services. mobME reserves the right, in its sole discretion and with immediate effects, and without any liability, to terminate your membership and your access to all or any part of the MOBSHARE Services without prior notice; without limitation, mobME may do so if you submit User Content that is infringing or otherwise in violation of these Terms and Conditions. You may also, at any time, terminate your registration to the MOBSHARE Service. Please note that if you choose to terminate your registration, you will no longer have access to the MOBSHARE Service. In the event of termination, the provisions of these Terms and Conditions and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 12 (Limitations of liability) and 13 (Indemnity).
MOBSHARE Site is subject to applicable export control laws in India, USA, Finland and other countries, including, without limitation, regulations administered by the US Department of Commerce's Bureau of Industry and Security and the Department of the Treasury's Office of Foreign Assets Control. You agree to abide these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.
mobME shall have the right to assign these Terms and Conditions and Privacy Policy or its rights and obligations hereunder to a third party without your prior written consent, but may not be assigned by you without mobME's prior written consent.
This MOBSHARE Site shall be governed by the laws of INDIA without regard to conflict of law provisions. You agree that any dispute arising out of these Terms and Conditions and Privacy Policy shall be resolved exclusively in the High Court of Cochin, Kerala, India. These Terms and Conditions together with Privacy Policy and other legal notices submitted by mobME on the MOBSHARE Site constitute the entire agreement between you and mobME regarding the use of the MOBSHARE Site. The failure of mobME to exercise any right of this agreement shall not be considered as a waiver of such right. If any provision of this agreement is considered unlawful or void, it does not affect the validity and enforceability of other provisions of this agreement. A failure of mobME to insist upon the performance of one or more of the terms of these Terms and Conditions and Privacy Policy shall not be deemed to be a waiver of its rights to enforce such terms, or of any rights or remedies the mobME may have in subsequent similar situations. It is your responsibility to review the Terms and Conditions and Privacy Policy regularly to ensure that you are up to date as to any changes in the Terms and Conditions and Privacy Policy. Please contact us at mobshare@mobme.in with any questions regarding these Terms and Conditions.