TERMS AND CONDITIONS For Mobimii
For mobimii.com
1. Who We Are.
"Mobimii" is a trade name and service mark of Mobile Marvin, Inc., a Georgia corporation that owns and operates the website and mobile internet site with the URLs: www.mobimii.com, m.mobimii.com and mobimii.mobi.
2. Some Definitions.
The terms "we" and "us" refer to mobimii, or any successor or assignee of Mobile Marvin, Inc. The terms "you" and "user" refer to all individuals visiting the website and mobile internet site including paying subscribers (the "Subscribers"). The term "Website" refers to the website and mobile internet site with the URLs: www.mobimii.com, m.mobimii.com and mobimii.mobi. The term "Services" refers to the services provided through the Website including the right to upload and download "Content" as defined below. The software and content, developed by us and/or our suppliers, that is available for download to Subscribers' computers and mobile phones is referred to herein as the "Company Content." The software and content, uploaded by Subscribers, that is available for download to other Subscribers' computers and/or mobile phones is referred to herein as the "Subscriber Content." Company and Subscriber Content is referred to together herein as the "Content."
3. Modifications.
We reserve the right to modify these "Terms and Conditions" and any policies affecting the Website. Any modification is effective as of the earlier of:
(a) The posting of the changes or new Terms and Conditions on the Website;
or
(b) The distribution via electronic mail of the changes or new Terms and Conditions.
Your continued use of the Website for more than 30 days following the effective date of any modification to these Terms and Conditions shall be conclusively deemed an acceptance of all such modification(s).
4. Eligibility.
We require that any Subscriber be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we believe you are under eighteen (18) years of age.
5. Purpose.
We own and operate the mobile enabled online web based portal known as "mobimii." We offer Services and Content to Subscribers. Content may include ring tones, animated screensavers, wallpaper and utilities. Services may include online chat, alerts and the ability of Subscribers to upload their own Content and download the Content of others. We reserve the right to add, change and remove Services and Content at our discretion.
6. Subscription, Opt-In and Opt-Out.
There is no charge for using Mobimii other than your normal network operator charges. If you are not sure of what these are, please contact your carrier and request a list of all charges prior to using Mobimii. Your carrier may charge you to browse the mobile web using your phone’s browser as well as to send or receive text messages. To opt-out of this service send STOP to 21001.
7. Term and Termination.
Either party may terminate the term at any time. Additionally, either party may terminate the term immediately for any material breach by the other party of any term of these Terms and Conditions.
8. Customer Support
Customer Support is offered 24 hours per day, 7 days per week via text messaging, email, online and a toll free telephone number.
Text Message - Text the word HELP to 21001 from your cellphone.
Email - support@mobimii.com
Online - www.mobimii.com/support or click on the SUPPORT link from the mobimii.com Homepage.
Toll free - 1-888-585-0459
12. No Refunds.
Whenever a monthly amount is paid in advance to us, we will not be required to return that advance for any reason.
13. Licenses and Non-Commercial Use.
With each profile, we grant you a non-exclusive, nontransferable license to use, copy, display and perform any Company Content for personal, non-commercial use only on your computer(s) and/or one mobile phone owned by you. This license terminates immediately upon termination of the Services. You grant us the perpetual, non-exclusive right to use, copy, modify, distribute, display and perform your Subscriber Content without restriction and to grant such rights to our licensees, successors and assigns.
14. Password.
We will provide you with a password to allow you to access the Services. You will not share your password with any other party. You will be responsible for any use of your password by any other party.
15. Taxes.
You are responsible for any sales, use and import taxes owed in connection with the Services we provide to you.
16. Proprietary Rights Owned by Us.
You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the Company Content including, but not limited to, any patents, trademarks, service marks and copyrights.
17. Proprietary Rights Owned by You and Other Subscribers.
You represent and warrant to us that you will not upload any Content to the Website unless you are the owner of all proprietary rights in that Content and have obtained releases for all related privacy and publicity rights.
18. Rules.
You agree to the following:
(a) You will not reprint, republish or distribute in any way any information or materials found on the Website.
(b) You will not use any of the information on the Website for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.
(c) You will not provide to us or post on the Website any information that is not correct, such as an incorrect name, address, email address or any other incorrect information.
(d) You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
(e) You will not share your password. Each Subscription is for use of the mobimii services only with one mobile phone. You will not use your Subscription with more than one mobile phone.
(f) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
(g) You will not post any materials on our Website in violation of any other party's rights, including, but not limited to, copyrights or privacy and publicity rights.
19. Termination and Removal.
We reserve the right to terminate the Services and remove any of your uploads at any time in our discretion. We also have posted Copyright and Removal Policies and you agree to notify us in accordance with those policies if you are aware of any infringement of your proprietary or other rights.
20. Subscriber Disputes.
You are solely responsible for your interactions with other Subscribers.
21. Disclaimers.
We are not responsible for any Subscriber Content or any links to other websites or mobile internet sites posted by Subscribers. Inclusion of any link from our Website to another website or mobile internet site does not imply approval or endorsement of the linked website or mobile internet site by us. When you access Subscriber Content or any third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Website, nor do we take any responsibility for the goods or services provided by advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers' computer equipment or software. We are not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. We are not responsible for any injury or damage to any person's computer or mobile phone related to or resulting from use of the Services including downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at an event, from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
22. No Warranties.
except as expressly set forth herein, the material on this website (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
23. Limitation of Liability.
you assume full responsibility and risk of loss resulting from your use of the website including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid for use of the website for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
24. Links.
You acknowledge that we have not reviewed the content of all sites linked to or from the Website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
25. Indemnity.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.
26. U.S. Export Controls.
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
27. Restricted Rights.
Notice to U.S. Government End Users. The Software, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States . Manufacturer is Mobile Marvin, Inc., 2177 Millennium Way , Atlanta , GA 30319 .
28. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy . If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy .
29. Assignments.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
30. Compliance With Law.
In using the Service, you agree that you will comply with all applicable laws.
31. Applicable Law and Jurisdiction.
This Agreement will be governed by the laws of the State of Georgia . Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Atlanta , Fulton County , Georgia and agrees that that party is subject to jurisdiction of such courts in such locality.
32. Miscellaneous.
Force Majeure . We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the internet or any third party internet service providers.
Survivability . The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
Severability . The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
Interpretation . The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
Amendments . No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms and Conditions or agreed to in writing between the parties.
Entire Agreement . This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.