|Fun For Mobile||
Effective October 1, 2004
Welcome to FunForMobile. This agreement ("Agreement") is a contract between you and FunForMobile Inc. It governs your use of the FunForMobile Website, all Uploads and all your activity on the FunForMobile Website (collectively, the "Service"). The FunForMobile Website means this web site, as accessed by any of the following domain names: FunFunMobile.com. However, the FunForMobile Website does not refer to any other web site linked to or from this web site. By completing the registration process and accepting this Agreement, you represent that you have read and understood this Agreement and agree to be bound by its terms and conditions.
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
The Service is available at the FunForMobile Website and includes everything on the site that may exist from time to time. Part of the Service makes available to you uploadable mobile entertainment, such as ringtones, music and sreensavers (collectively, the "Uploads"). Once properly registered, you will be permitted to upload to compatible wireless telephones and other compatible devices certain Uploads through the Service.
3. YOUR REGISTRATION OBLIGATIONS
4. USE OF SERVICES
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
By using the Service, you may be charged by your service provider or carrier for wireless network usage such as SMS, WAP, and MMS. You understand and agree that you, not FunForMobile, are entirely responsible for all the charges.
Due to various reasons, the Service may fail or not perform as you expected. By using the Service, you understand and agree that you, not FunForMobile, bear all risks associated with the Service.
You understand that all data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FunForMobile, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. FunForMobile does not control the Content uploaded via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will FunForMobile 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that FunForMobile may or may not pre-screen Content, but that FunForMobile and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, FunForMobile and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that FunForMobile may store and/or disclose, as applicable, any such content or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content violates any third party's rights; or to protect the rights, property or personal safety of FunForMobile, its business partners, affiliates, licensors and/or licensees, any other FunForMobile subscriber or member, or the general public.
7. INTERNATIONAL CONSIDERATIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, distribute, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or your user name or password.
9. MODIFICATIONS TO SERVICE
FunForMobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FunForMobile nor its affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. COPYRIGHT INFORMATION
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
13. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
15. LINKS TO THIRD-PARTY SITES
THERE IS NO WARRANTY THAT THE SERVICE OR THE UPLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. FunForMobile AND/OR THE FunForMobile ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE UPLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.
YOU WILL NOT HOLD FunForMobile AND/OR THE FunForMobile ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE UPLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO FunForMobile AND/OR THE FunForMobile ENTITIES AS APPLICABLE.
18. LIMITATION OF LIABILITY
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
20. LAW AND LEGAL NOTICES
The Agreement constitute the entire agreement between you and FunForMobile and govern your use of the Service, superceding any prior agreements between you and FunForMobile. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
The Agreement and the relationship between you and FunForMobile shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FunForMobile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California in connection with any such dispute including any claim involving FunForMobile or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
The failure of FunForMobile to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You agree that your FunForMobile account is non-transferable and any rights to your FunForMobile I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.