Terms of Use
Effective date: May
31 2008
Welcome, and thank
you for visiting Mobilesynch.com. This website (this "Site") is owned and
operated by Mobilesynch, Inc. ("Mobilesynch" or "we"). Mobilesynch.com provides
general information regarding the MOBILESYNCH mobile device application
(referred to hereafter as "the Service") subject to the following Terms of Use
("Terms"). Please read these Terms carefully before using this Site. Using this
Site indicates that you accept these Terms. If you do not accept these Terms, do
not use this Site.
Acceptance of Terms
By using and or visiting this Site, you signify your assent to both these Terms
and the terms and conditions of Mobilesynch Privacy Policy, which are published
at
www.Mobilesynch.com/privacy.php and which are incorporated herein by
reference. If you do not agree to these terms, do not use this Site.
Mobilesynch reserves
the right to revise or remove any part of the Terms in its sole discretion at
any time and without prior notice to you by updating this posting. Persons who
visit this Site (‘you") thus should visit this page periodically for changes.
This Site is continually under development and changes in this Site may be made
at any time. Any changes are effective upon posting to this Site. If you
disagree with the Terms, your sole remedy is to discontinue your use of this
Site. Your continued use after a change has been posted constitutes your
acceptance of those changes.
Our Intellectual
Property Rights
The content on www.Mobilesynch.com, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features
and the like (collectively "Materials") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to Mobilesynch,
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions.
Use of Our Content
No Materials from this Site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way without written permission of the
copyright owner, except that you may use information on Mobilesynch products and
services (such as brochures, knowledge based articles, and similar materials)
purposely made available by Mobilesynch for downloading from the Site, provided
that you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) not make any additional representations or warranties
relating to such documents. You agree not to circumvent, disable, or otherwise
interfere with security related features of www.Mobilesynch.com or features that
prevent or restrict use or copying of any Materials or content.
Modification of any
Materials or use of any Materials for any other purpose is a violation of the
copyrights and other proprietary rights of Mobilesynch, or other entities or
persons where so indicated, unless Mobilesynch or the copyright owner has
provided said Material for such express purpose. Permission for all other uses
of Materials contained herein, including reproducing and distributing multiple
copies or using Materials on any other website or networked computer, or linking
to any page at this Site except the "home page" www.Mobilesynch.com must be
obtained from Mobilesynch or the appropriate copyright owner in advance;
otherwise, such use is prohibited. Requests for such authorization from
Mobilesynch should be submitted via an email to
legal@mobilesynch.com. All design
rights, databases and compilation and other intellectual property rights
associated with this Site, in each case whether registered or unregistered, and
related goodwill are proprietary to Mobilesynch.
Mobilesynch may now
or in the future permit the submission of commentary, feedback or other
communications submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions. Any commentary,
feedback or other communication you provide at this site shall be deemed to be
non-confidential. Mobilesynch shall be free to use such information on an
unrestricted basis.
Your Obligations
You must exercise caution, good sense and sound judgment in using this Site.
You, and not Mobilesynch, are responsible and liable for any User Submissions
you transmit to or through the Site or to us through email. You agree, represent
and warrant that any User Submissions you transmit to or through the Site or to
us through email are 1) truthful, accurate, and not misleading 2) offered in
good faith, and 3) that you have the right to transmit such information. We
reserve the right to screen, refuse to post, remove or edit any User Submissions
at any time and for any or no reason in our absolute and sole discretion without
prior notice; however, we have no obligation to monitor, screen, remove or edit
any User Submissions, and we do not endorse or guarantee the accuracy or
reliability of any User Submissions. Certain information submitted by you, or
otherwise collected from you, is subject to Mobilesynch’ privacy policy,
available at
http://www.Mobilesynch.com/privacy.php
and in the footer of this Site.
Confidentiality
You acknowledge that anything you submit to this Site may be routed through our
servers, the servers of one or more third parties on our behalf and the Internet
and that although we endeavor to provide substantial security measures to
protect the integrity and security of your personal information, we cannot
ensure or warrant the security of any information you transmit to Mobilesynch.
We cannot guarantee the confidentiality or privacy of any submission and are not
liable for any damages resulting from the disclosure of such submissions.
Mobilesynch is not liable for any damages resulting from the loss of, or the
loss of access to, any Material submitted by you to our Site due to problems
with our software or computers used by us; however, we will use our best efforts
to recover any Materials lost in such fashion.
Unsolicited Ideas
Mobilesynch does not accept or consider unsolicited ideas, including ideas for
new promotions, products, product enhancements, technologies, or processes. You
must not transmit any Material to or through this Site or to us by email that
you consider to be confidential or proprietary. This policy serves to avoid
potential misunderstandings or disputes regarding ownership of ideas. If,
despite this warning you submit your ideas, then the following terms apply: (1)
except as expressly provided in Mobilesynch’ privacy policy, you agree to give
Mobilesynch an unrestricted, irrevocable, worldwide, royalty-free license to
use, reproduce, display, publicly perform, transmit and distribute any submitted
communications and Materials; (2) you further agree that Mobilesynch has the
right to use, without payment or accounting to you or others, any concepts,
know-how or ideas that you (and those that act on your behalf) transmit to or
through the Service and/or Site or to us through e-mail; (3) Mobilesynch is
under no obligation to review the submission or to keep said submission
confidential.
Mobilesynch does
allow for the submission of feedback. If you want to submit feedback on
Mobilesynch products, please send us an e-mail to
feedback@Mobilesynch.com.
Site Security
You are prohibited from violating, or attempting to violate, the security of
this Site. Any such violations may result in criminal and/or civil penalties
against you. Mobilesynch will investigate any alleged or suspected violations
and if a criminal violation is suspected, we will cooperate with law enforcement
agencies in their investigations.
Other Prohibited
Activities
In using this Site, you agree not to:
• Send or otherwise transmit to or through this Site any unlawful, infringing,
harmful, harassing, defamatory, threatening, hateful or otherwise objectionable
material of any kind, any material that can cause harm or delay to this Site or
computers of any kind, and any unsolicited advertising, solicitation or
promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage, or inhibit any person from using this Site, disclose
personal information on this Site or obtained from this Site, or collect
information about users of this Site;
• Reverse engineer, disassemble or decompile any section or technology on this
Site, or attempt to do any of the foregoing;
• Gain unauthorized access to this Site or other computers or websites connected
or linked to this Site;
• Send or otherwise transmit to or through this Site chain letters, unsolicited
messages, so-called "spamming" or "phishing" messages, or messages marketing or
advertising goods and services;
• Post, transmit, or otherwise make available any virus, worm, spyware, or any
other computer code, file, or program that may or is intended to damage or
hijack the operation of any hardware, software, or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms; or
• Assist or permit any persons in engaging in any of the activities described
above.
Links to Other
Websites
As you view this Site, you may notice links to third-party websites. These links
are for convenience only. If you use these links, you will leave this Site.
Certain of these linked websites may make use of Mobilesynch proprietary
intellectual property rights (such as copyrights, trademarks, service marks,
logos and trade names) under license from Mobilesynch. Mobilesynch is not
responsible for the availability or content of these other websites or for any
viruses or other damaging elements encountered in linking to a third-party
website. In addition, providing links to these websites should not be
interpreted as endorsement or approval by Mobilesynch of the organizations
sponsoring such third-party websites or their products or services. These Terms
do not apply to any other websites.
Jurisdictional
Issues
Unless otherwise specifies, the material in the Site are presented solely for
the purpose of sharing information with regards to the MOBILESYNCH product. This
Site is controlled and operated by Mobilesynch from its offices within the State
of Colorado, United States of America. Mobilesynch makes no representation that
materials in the Site are appropriate or available for use in other locations.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Access to this Site from jurisdictions where
the contents of this Site are illegal or penalized is prohibited.
Violation of Terms
of Use
Mobilesynch may terminate your use of this Site or any of our features or
services at any time and for any reason without notice for conduct violating
these Terms. Upon any such termination, you must destroy all Materials obtained
from this Site and all copies thereof. The provisions of these Terms concerning
Site security, prohibited activities, copyrights, trademarks, user submissions,
disclaimer, limitation of liability, indemnity, and jurisdictional issues shall
survive any such termination.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MOBILESYNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. MOBILESYNCH DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Limitation of
Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOBILESYNCH BE LIABLE FOR ANY
COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE
USE OF THIS SITE OR THE MATERIALS ON IT, 2) THE INABILITY TO USE THIS SITE OR
THE MATERIALS ON IT, 3) THE MISAPPROPRIATION OF MATERIALS, OR 4) THE LOSS OF, OR
DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF MOBILESYNCH OR A MOBILESYNCH
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
Indemnity
You agree to indemnify, defend and hold Mobilesynch and its directors, officers,
employees, agents and contractors harmless from and against any and all claims,
damages, losses, costs (including without limitation reasonable attorneys’ fees)
or other expenses that arise directly or indirectly out of or from (i) your
breach of any provision of these Terms; or (ii) your activities in connection
with this Site.
Children
This Site is not intended for children under the age of 13. If you are under 13
years of age, please do not use or access this Site at any time or any manner.
By using this Site, you affirm that you are over the age of 13. Mobilesynch does
not seek through this website to gather personal information from or about
persons under the age of 13.
Privacy
Use of this Site is also governed by Mobilesynch’ privacy policy, available at
http://www.mobilesynch.com/privacy.php.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT
INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER,
OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Other
If any provision of these Terms is unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the
subject matter herein and shall not be modified except in writing.
If you have any
questions or complaints regarding these Terms, please submit your questions or
complaints via an email to
legal@Mobilesynch.com.
We will endeavor to respond to you
promptly.