MobileWebDirectory.mobi Registration
Terms & Conditions
Terms & Conditions MobileWebDirectory.mobi Terms of Service Agreement January 12, 2007 MobileWebDirectory.mobi is a mobile website directory service that allows Users to publish their company listing on the mobile web. The services offered by MobileWebDirectory.mobi ("MobileWebDirectory.mobi" or "we") include the MobileWebDirectory.mobi website (the "MobileWebDirectory.mobi Website"), the MobileWebDirectory.mobi SMS service, the mobile website, and any other features, content, or applications offered from time to time by MobileWebDirectory.mobi in connection with the MobileWebDirectory.mobi Website (collectively, the "MobileWebDirectory.mobi Services"). The MobileWebDirectory.mobi Services are hosted in Canada. This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the MobileWebDirectory.mobi Services. By using the MobileWebDirectory.mobi Services, you agree to be bound by this Agreement. In addition, if you do not agree with it, you should leave the MobileWebDirectory.mobi Website and discontinue use of the MobileWebDirectory.mobi Services immediately. If you wish to become a MobileWebDirectory.mobi "User" (which means that you have registered with MobileWebDirectory.mobi and communicate with other Users and make use of the MobileWebDirectory.mobi Services), you must read this agreement and indicate your acceptance of its terms by checking the box labeled "I agree to MobileWebDirectory.mobi's Terms of Service." This Agreement includes MobileWebDirectory.mobi's policy for acceptable use of the MobileWebDirectory.mobi Services and Content posted on the MobileWebDirectory.mobi Website, your rights, obligations and restrictions regarding your use of the MobileWebDirectory.mobi Services and MobileWebDirectory.mobi's Privacy Policy. In order to participate in certain MobileWebDirectory.mobi Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MobileWebDirectory.mobi Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@MobileWebDirectory.mobi.com, Subject: Terms of Use Agreement. MobileWebDirectory.mobi may modify this Agreement from time to time and such modification shall be effective upon posting by MobileWebDirectory.mobi on the MobileWebDirectory.mobi Website. You agree to be bound to any changes to this Agreement when you use the MobileWebDirectory.mobi Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on MobileWebDirectory.mobi and that you provide to other Users. Your MobileWebDirectory.mobi Mobile Website may not include the following items: obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MobileWebDirectory.mobi Users (for instance, in their MobileWebDirectory.mobi Mobile Website) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MobileWebDirectory.mobi assumes no responsibility or liability for this material. If you become aware of misuse of the MobileWebDirectory.mobi Services by any person, pAccount contact MobileWebDirectory.mobi or click on the "Report Inappropriate Content" link at the bottom of any MobileWebDirectory.mobi page. MobileWebDirectory.mobi reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MobileWebDirectory.mobi Services at any time, for any or no reason, with or without prior notice, and without liability. Eligibility. Use of and Account in the MobileWebDirectory.mobi Services is void where prohibited. By using the MobileWebDirectory.mobi Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the MobileWebDirectory.mobi Services does not violate any applicable law or regulation. Your MobileWebDirectory.mobi Mobile Websites may be deleted and your Account may be terminated without warning, if we believe that you are under 18 years of age. Term. This Agreement shall remain in full force and effect while you use the MobileWebDirectory.mobi Services or are a User. You may terminate your Account at any time, for any reason, by following the instructions on the User's Account Settings page. MobileWebDirectory.mobi may terminate your Account at any time, without warning. Even after Account is terminated, this Agreement will remain in effect. Fees. You acknowledge that MobileWebDirectory.mobi reserves the right to change its fees from time to time in its discretion. If MobileWebDirectory.mobi terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password. When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, phone number, username, or password of another User at any time or to disclose your password to any third party. You agree to notify MobileWebDirectory.mobi immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Proprietary Rights in Content on MobileWebDirectory.mobi. -MobileWebDirectory.mobi does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MobileWebDirectory.mobi Services. After posting your Content to the MobileWebDirectory.mobi Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MobileWebDirectory.mobi Services, you hereby grant to MobileWebDirectory.mobi a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MobileWebDirectory.mobi Services. -The license you grant to MobileWebDirectory.mobi is non-exclusive (meaning you are free to license your Content to anyone else in addition to MobileWebDirectory.mobi), fully-paid and royalty-free (meaning that MobileWebDirectory.mobi is not required to pay you for the use on the MobileWebDirectory.mobi Services of the Content that you post), sublicensable (so that MobileWebDirectory.mobi is able to use its affiliates and subcontractors such as telecommunication carriers and Internet content delivery networks to provide the MobileWebDirectory.mobi Services), and worldwide (because the telecommunication networks, Internet, and the MobileWebDirectory.mobi Services are global in reach). This license will terminate at the time you remove your Content from the MobileWebDirectory.mobi Services. The license does not grant MobileWebDirectory.mobi the right to sell your Content, nor does the license grant MobileWebDirectory.mobi the right to distribute your Content outside of the MobileWebDirectory.mobi Services. -You represent and warrant that: (i) you own the Content posted by you on or through the MobileWebDirectory.mobi Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MobileWebDirectory.mobi Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MobileWebDirectory.mobi Services. -The MobileWebDirectory.mobi Services contain Content of MobileWebDirectory.mobi ("MobileWebDirectory.mobi Content"). MobileWebDirectory.mobi Content is protected by copyright, trademark, patent, trade secret and other laws, and MobileWebDirectory.mobi owns and retains all rights in the MobileWebDirectory.mobi Content and the MobileWebDirectory.mobi Services. MobileWebDirectory.mobi hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MobileWebDirectory.mobi Content (excluding any software code) solely for your personal use in connection with viewing the MobileWebDirectory.mobi Website(s) and using the MobileWebDirectory.mobi Services. -The MobileWebDirectory.mobi Services contain Content of Users and other MobileWebDirectory.mobi licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MobileWebDirectory.mobi Services. Content Posted. -MobileWebDirectory.mobi may delete any Content that in the sole judgment of MobileWebDirectory.mobi violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MobileWebDirectory.mobi assumes no responsibility for monitoring the MobileWebDirectory.mobi Services for inappropriate Content or conduct. If at any time MobileWebDirectory.mobi chooses, in its sole discretion, to monitor the MobileWebDirectory.mobi Services, MobileWebDirectory.mobi nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. -You are solely responsible for the Content that you post on or through any of the MobileWebDirectory.mobi Services, and any material or information that you transmit to other Users and for your interactions with other Users. MobileWebDirectory.mobi does not endorse and has no control over the Content. Content is not necessarily reviewed by MobileWebDirectory.mobi prior to posting and does not necessarily reflect the opinions or policies of MobileWebDirectory.mobi. MobileWebDirectory.mobi makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MobileWebDirectory.mobi Services. MobileWebDirectory.mobi reserves the right to investigate and take appropriate legal action against anyone who, in MobileWebDirectory.mobi's sole discretion, violates this provision, including without limitation, removing the offending communication from the MobileWebDirectory.mobi Services and terminating the Account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MobileWebDirectory.mobi: -is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; -harasses or advocates harassment of another person; -exploits people in a sexual or violent manner; -contains violence, or offensive subject matter or contains a link to an adult website; -solicits personal information from anyone under 18; -promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; -promotes an illegal or unauthorized copy of another person's copyrighted work, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; -involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, unsolicited text messaging, instant messaging, "spimming," or "spamming"; -contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); -furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; -solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; -includes a photograph of another person that you have posted without that person's consent; or The following is a partial list of the kind of activity that is illegal or prohibited on the MobileWebDirectory.mobi Website and through your use of the MobileWebDirectory.mobi Services. MobileWebDirectory.mobi reserves the right to investigate and take appropriate legal action against anyone who, in MobileWebDirectory.mobi's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: -criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; -advertising to, or solicitation of, any User to buy or sell any products or services through the MobileWebDirectory.mobi Services. You may not transmit any unsolicited text messages, chain letters, or junk email to other Users. It is also a violation of these rules to use any information obtained from the MobileWebDirectory.mobi Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, MobileWebDirectory.mobi reserves the right to restrict the number of text messages and/or emails which a User may send to other Users in any 24-hour period to a number which MobileWebDirectory.mobi deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk text messages, email, or other unsolicited communications of any kind through the MobileWebDirectory.mobi Services, you acknowledge that you will have caused substantial harm to MobileWebDirectory.mobi, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MobileWebDirectory.mobi $50 for each such unsolicited text message, email or other unsolicited communication you send through the MobileWebDirectory.mobi Services; -covering or obscuring the banner advertisements on your personal profile page, or any MobileWebDirectory.mobi page via HTML/CSS or any other means; -any automated use of the system, such as using scripts to add friends or send comments or messages; -interfering with, disrupting, or creating an undue burden on the MobileWebDirectory.mobi Services or the networks or services connected to the MobileWebDirectory.mobi Services; -attempting to impersonate another User or person; -using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; -selling or otherwise transferring your mobile websites; -using any information obtained from the MobileWebDirectory.mobi Services in order to harass, abuse, or harm another person; -displaying an advertisement on your mobile websites, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MobileWebDirectory.mobi Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or -using the MobileWebDirectory.mobi Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MobileWebDirectory.mobi to terminate Account privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MobileWebDirectory.mobi by the copyright owner or the copyright owner's legal agent. User Disputes. You are solely responsible for your interactions with other MobileWebDirectory.mobi Users. MobileWebDirectory.mobi reserves the right, but has no obligation, to monitor disputes between you and other Users. Privacy. Use of the MobileWebDirectory.mobi Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. MobileWebDirectory.mobi is not responsible for any incorrect or inaccurate Content posted on the MobileWebDirectory.mobi Website or in connection with the MobileWebDirectory.mobi Services, whether caused by Users of the MobileWebDirectory.mobi Services or by any of the equipment or programming associated with or utilized in the MobileWebDirectory.mobi Services. Profiles created and posted by Users on the MobileWebDirectory.mobi Website may contain links to other websites. MobileWebDirectory.mobi is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MobileWebDirectory.mobi. Inclusion of any linked website on the MobileWebDirectory.mobi Services does not imply approval or endorsement of the linked website by MobileWebDirectory.mobi. When you access these third-party sites, you do so at your own risk. MobileWebDirectory.mobi takes no responsibility for third party advertisements which are posted on this MobileWebDirectory.mobi Website or through the MobileWebDirectory.mobi Services, nor does it take any responsibility for the goods or services provided by its advertisers. MobileWebDirectory.mobi is not responsible for the conduct, whether online or offline, of any User of the MobileWebDirectory.mobi Services. MobileWebDirectory.mobi assumes 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, any User or User communication. MobileWebDirectory.mobi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MobileWebDirectory.mobi Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MobileWebDirectory.mobi Services. Under no circumstances shall MobileWebDirectory.mobi be responsible for any loss or damage, including personal injury or death, resulting from use of the MobileWebDirectory.mobi Services, attendance at a MobileWebDirectory.mobi event, from any Content posted on or through the MobileWebDirectory.mobi Services, or from the conduct of any Users of the MobileWebDirectory.mobi Services, whether online or offline. The MobileWebDirectory.mobi Services are provided "AS-IS" and as available and MobileWebDirectory.mobi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MobileWebDirectory.mobi cannot guarantee and does not promise any specific results from use of the MobileWebDirectory.mobi Services. Limitation on Liability. IN NO EVENT SHALL MobileWebDirectory.mobi BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MobileWebDirectory.mobi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MobileWebDirectory.mobi'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MobileWebDirectory.mobi FOR THE MobileWebDirectory.mobi SERVICES DURING THE TERM OF ACCOUNT. Disputes. If there is any dispute about or involving the MobileWebDirectory.mobi Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of the Canada located in the Province of British Columbia. Either MobileWebDirectory.mobi or you may demand that any dispute between MobileWebDirectory.mobi and you about or involving the MobileWebDirectory.mobi Services must be resolved by binding arbitration in accordance with the laws of the Province of British Columbia and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) ("Institute")., provided that the foregoing shall not prevent MobileWebDirectory.mobi from seeking injunctive relief in a court of competent jurisdiction. Indemnity. You agree to indemnify and hold MobileWebDirectory.mobi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MobileWebDirectory.mobi Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MobileWebDirectory.mobi Website or through the MobileWebDirectory.mobi Services causes MobileWebDirectory.mobi to be liable to another. Other. This Agreement is accepted upon your use of the MobileWebDirectory.mobi Website or any of the MobileWebDirectory.mobi Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and MobileWebDirectory.mobi regarding the use of the MobileWebDirectory.mobi Services. The failure of MobileWebDirectory.mobi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MobileWebDirectory.mobi is a trademark of MobileWebDirectory.mobi. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@MobileWebDirectory.mobi.com with any questions regarding this Agreement.
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