| |
Terms of Use
This Mobopia Terms of Use for the Mobopia Web Site has been posted and is effective as of 14th August 2008.
1. Acknowledgement and Acceptance
By using the Mobopia Web Site, you hereby confirm that you have read and understood and agree to these Terms of Use (these "TOU") and this Site's Privacy Policy.
The Web Site offered to you by Mobopia Corporation and its affiliates (collectively "Mobopia" or "we/us" respectively) is conditioned on your acceptance (without modification) of these TOU and any other terms and notices, for example campaign specific terms which may be incorporated by reference or are presented otherwise on the Site or in connection with the Service. Your use of the Site and Service constitutes your agreement to all such terms, conditions, and notices. Therefore, you agree to familiarize yourself with these TOU and any other applicable terms and notices which may be incorporated by reference or are presented otherwise on the Site or in connection with the Service and abide by them in connection with your use of the Site and Service. Mobopia may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.
In the event of any discrepancy between these TOU and any other applicable terms and notices, these TOU shall prevail.
If you do not agree to these TOU, you must immediately discontinue your use of the Site and Service.
2. Eligibility for the Service
The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (i) CONTENT YOU SUBMIT, POST, LINK, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON OR THROUGH THE SITE AND SERVICE, (ii) YOUR USE OF THE SITE AND SERVICE, (iii) YOUR BREACH OF THESE TOU, OR ANY REPRESENTATION, WARRANTY OR COVENANT MADE BY YOU HEREIN, OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, RULE, ORDINANCE OR ANY THIRD PARTY’S RIGHTS.
4. Privacy Policy
We respect the privacy of Site visitors and Service users and we collect and process personal information only in accordance with the applicable data protection laws. Personal information, such as your name, address, e-mail address and phone number ("Personal Information") submitted by you on or through this Site is processed in accordance with the Site's privacy policy. For further information please review the privacy policy at http://www.mobopia.com/privacy.html (the "Privacy Policy").
By submitting Personal Information on or through the Site you acknowledge and agree to us collecting, using, disclosing and processing your Personal Information in accordance with the limited purposes described in these TOU and the Privacy Policy. You expressly accept and give your consent that your Personal Information obtained in connection with your use of this Site may be transferred, if permitted by applicable local legislation, across international borders to server locations supporting this Site (including but not limited to transfers from those locations back to the country of your location) for operating and developing this Site and the Service, including transfers to Mobopia subcontractors or agent service providers who perform tasks related to this Site, or the Services, or for the purposes of storing Personal Information in relevant databases, which may be located in the United States of America or in any other country where we have operations.
5. Proprietary Rights
The Mobopia Web Site is created by Mobopia and is Copyright © Mobopia Corporation 2008 (or the respective Mobopia's suppliers or other third parties).
Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of us is prohibited, except in accordance with the following terms.
We consent to you browsing the Site on your computer or mobile terminal or other similar devices, as applicable, or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by us.
The Site and the content thereof may be used solely for private purposes, subject to these TOU and any applicable laws. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else.
Please note that individual documents and/or services provided on the Site may be subject to additional terms indicated in connection with the documents and/or services.
6. Trademarks of Mobopia
Mobopia and Xuinet are registered trademarks of Mobopia Corporation. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. 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 the owner thereof.
7. No Warranty
THE SITE AND SERVICE ARE PROVIDED AS A CONVENIENCE TO YOU. THE SITE AND SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE USE AND/OR CONTENTS OF THE SITE AND SERVICE OR ANY WEB SITE LINKED THERETO WILL BE UNINTERRUPTED OR ERROR-FREE.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND/OR NON-INFRINGEMENT OF ANY SERVICES PROVIDED HEREUNDER, YOUR OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR/CARRIER NETWORKS.
YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT FROM TIME TO TIME, MOBOPIA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
8. Limitation of Liability
WE RESERVE THE RIGHT TO REVISE THE SITE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. WE ARE NOT LIABLE FOR THE NON-AVAILABILITY OF THE SITE AND SERVICE HOWEVER CAUSED. WE ASSUME NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION FROM THE SITE AND SERVICE.
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (i) WE 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, AND (ii) THE AGGREGATE LIABILITY OF MOBOPIA SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO COURSESMART UNDER THIS TOS. 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.
9. Breach of these TOU
In the event we deem, at our exclusive discretion, that you are in whatsoever manner in breach of these TOS or any other applicable terms and notices, we shall take any action of whatsoever nature, as we may deem at our exclusive discretion appropriate, to address your breach, including without limitation removal of content, termination of membership, prevention of access and any legal action in any competent authority or court. Specifically, we have the right to terminate your right to use the Site and Service without notice at any time for any reason at our sole discretion and in particular, if you (i) breach these TOU or (ii) use the Site and/or Service illegally or in a way that we deem inappropriate.
10. Links
Although the Site provideslinks to web sites on the World Wide Web owned and operated by third parties we have no control over the content of such third party sites and cannot assume any responsibility or liability for material created or published by such third-party sites. A link to a third-party site does not imply that we endorse the site or the products and services provided on such third-party site.
Upon following a link to a third-party site please review the applicable terms and conditions for that site before using the site.
11. Miscellaneous
Availability of the Service and Modification of the Terms of Service
The Site is available solely as decided by us and may be subject to maintenance breaks and any other kinds of actions. We may remove any information, including but not limited to personal data or data, material or content provided by any of the users, any other data or material or terminate the Site or any part thereof at any time at our sole discretion. We shall have no obligation to monitor any of the material provided by you by us and/or to the Site and Service, but may do so at our discretion.
We may from time to time amend these TOU or change, modify or withdraw access to this Site or its content at any time with or without notice. We recommend that you re-visit these TOU and the Privacy Policy from time to time to learn of any such changes. We have posted above the effective date of this version of these TOU for your reference.
Customer Services
You may address your questions about the Site by sending an e-mail to feedback@mobopia.com.
Non-Waiver and Severability
The invalidity of a provision of these TOU or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these TOU or any other applicable terms and notices. These TOU shall neither exclude nor limit any of your mandatory rights in your country of residence.
Force Majeure
Performance of the Site may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
No Waiver
Failure by Mobopia to exercise or enforce any of its rights under this TOU shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.
Export Control
You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
Surviving clauses
Clauses 4 (License to Submitted Content), 5 (Indemnity), 8 (Proprietary Rights), 10 (Limitation of Liability) and 14 (Miscellaneous) shall survive the termination or expiry of this TOU.
Applicable Law
The governing law for this Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions and excluding any law thereof directing the application of the laws of any other jurisdiction.
Arbitration
Any dispute or controversy arising under or in connection with this TOU shall be fully and finally resolved solely by binding arbitration conducted in San Mateo County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator’s name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover.
Copyright © Mobopia Corporation 2008. All rights reserved.
|
|
