TERMS OF USE

 

1.    ACCEPTANCE OF TERMS OF USE

 

MicroMobs, Inc. (MicroMobs) owns and operates micromobs.com (micromobs).

By accessing and using micromobs, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE MICROMOBS IN ANY MANNER. MicroMobs reserves the right to limit or terminate your access to micromobs if you do not comply with these Terms of Use.

You must be at least 13 to use micromobs. If MicroMobs discovers through reliable means that you are younger than 13, micromobs will cancel your account. 

MicroMobs reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of micromobs after the posting of any changes to the Terms of Use means that you have accepted those changes.

 

2.    RESTRICTIONS ON USE OF MICROMOBS

 

Content You Post to micromobs

You may post and share comments and content with other users through micromobs. By using micromobs, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

a.     is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory

b.     is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner

c.     is illegal

d.     is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights

e.     infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party

f.      you do not have a right to make available under law or contractual or fiduciary relationships

g.     includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available

h.     bears any false, disguised or misleading origin

i.      contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via micromobs. MicroMobs reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in micromobs and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF MICROMOBS AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE MICROMOBS AND THE SERVICES PROVIDED THEREBY.

 

Prohibited Activities

You may not use micromobs to do any of the following: 

j.      harass or advocate harassment of another person or entity

k.     perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law

l.      provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act

m.    impersonate any person or entity or misrepresent in any way your affiliation with a person or entity

n.     transmit unsolicited mass mailings or spam

o.     collect or store any information about other users or members, other than in the normal course of using micromobs for their intended purpose of facilitating voluntary communication among users

p.     transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item

You may not do any of the following to micromobs:

q.     use micromobs in any manner that could damage, disable, overburden, disrupt or impair micromobs or any MicroMobs server, or the network(s) connected to any MicroMobs server, or interfere with any other party's use and enjoyment of micromobs

r.      disobey any applicable policies or regulations of networks connected to micromobs

s.     modify, adapt, translate or reverse engineer micromobs

t.      use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of micromobs

u.     frame micromobs or reformat them in any way

v.     create user accounts using any automated means or under false pretenses

 

Other Requirements

To the extent that you use or connect to any third party messaging and/or content delivery systems through micromobs, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

You understand that micromobs and services offered thereby are offered to the public free of charge. If you use micromobs to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and MicroMobs (Unauthorized Advertising), MicroMobs reserves the right to restrict your access to micromobs and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using micromobs for commercial use, you may request, or MicroMobs may request that you work with MicroMobs, subject to MicroMobs's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on micromobs.

 

3.    NO RESPONSIBILITY FOR THIRD PARTY CONTENT

 

You understand that micromobs acts only as a forum and technical interface between users and that MicroMobs does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to MicroMobs. MicroMobs cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use micromobs at your own risk.

 

4.    INTERSTATE AND INTERNATIONAL USE

 

Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using micromobs, and acknowledge that using micromobs may result in interstate and international transmission of data. 

 

5.    NOTICE TO GROUP OWNERS

 

MicroMobs reserves the right to terminate a group, remove users from a group and/or limit the number of group members if MicroMobs determines in its sole discretion that not doing so could adversely affect micromobs, MicroMobs, or its users.

MICROMOBS IS NOT RESPONSIBLE FOR NON-DISPLAY OR INCORRECT DISPLAY OF ANY CONTENT IN A GROUP. 

 

6.    LICENSE AND CONFIDENTIAL INFORMATION

 

By posting information or content to, or otherwise causing content to be displayed on micromobs you automatically grant, and you represent and warrant that you have the right to grant, to MicroMobs an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to MicroMobs, upload, post, cause to be displayed or performed, transmit or otherwise make available using micromobs shall be deemed confidential or secret information. 

 

7.    COPYRIGHT AND TRADEMARKS INFORMATION

 

COPYRIGHT NOTICE: Copyright (C) 2009 MicroMobs, Inc. All Rights Reserved.

o   AIM and the running man logo are registered trademarks of America Online, Inc.

o   Google Talk is a registered trademark of Google Inc.

o   MSN and the butterfly logo are registered trademarks of Microsoft Corporation.

o   Yahoo! and Yahoo! Messenger are registered trademarks of Yahoo, Inc.

o   Twitter is a registered trademark of Twitter Inc.

 

          COPYRIGHT POLICY

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of 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 MicroMobs to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

 

          PRIVACY POLICY

 

MicroMobs respects your desire for privacy. MicroMobs's Privacy Policy can be found at http://micromobs.com/privacy. By using micromobs, you are consenting to the terms of our Privacy Policy.

 

 

          THIRD PARTY WEB SITES AND CONTENT

 

micromobs may contain links to third-party sites that are not under the control of MicroMobs, and MicroMobs is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that MicroMobs endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through micromobs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MicroMobs is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on micromobs. 

In addition, links to advertising that has not been approved by MicroMobs may be embedded in third party content displayed on micromobs. MicroMobs is not responsible for any content, cookies, or other technology used in connection with such advertising.

 

          DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES

 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON MICROMOBS IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND MICROMOBS HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MICROMOBS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall MicroMobs be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of micromobs or information available from micromobs.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within micromobs. micromobs may contain technical inaccuracies or typographical errors. MicroMobs assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on micromobs.

MicroMobs may terminate or make changes to all or any portion of micromobs, product offerings, and any other information and materials on micromobs and may delete any content that has been submitted to micromobs at any time and without notice or liability.

 

          INDEMNITY

 

You agree to indemnify, defend, and hold MicroMobs and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of micromobs, your connection to micromobs, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of micromobs. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

             GENERAL INFORMATION

 

The Terms of Use, the Privacy Policy and any applicable guidelines posted on micromobs constitute the entire agreement between you and MicroMobs, govern your use of micromobs, and supersede any prior agreements between you and MicroMobs relating to your use of the micromobs (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional MicroMobs services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing micromobs you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of micromobs, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Sunnyvale in the State of California, USA. The failure of MicroMobs to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use 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 that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of micromobs, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

8.    COMMUNITY USAGE GUIDELINES

Do not post inappropriate links or images

micromobs is a safe place to communicate with the groups you care about most. No inappropriate links or images should be posted in any public or private mobs. It will be an overall detriment to the community because people will leave mobs if inappropriate or sexually suggestive links or images are shared. 

Do not create mobs or make posts that are slanderous to other people

It's not nice to say bad things about other people--especially online! Mobs or posts that slander other people will not be tolerated and will be removed immediately. Please report if you see anything of this nature on micromobs.

Protect your privacy

Don't post your personal information like phone numbers, email addresses, or home addresses, or the personal information of anyone else on micromobs. No one likes to be contacted unsolicited, so help protect the privacy of yourself as well as other mobbers.

Dont Spam

Spam is no fun and it ruins the experience on micromobs. Dont post pictures, links or text repeatedly to promote anything. 

The micromobs team will review all reports and take appropriate measures. Either a post or mob will be removed, a mob will be made private, a warning will be sent, or accounts will be terminated.

 

        COMMENTS AND QUESTIONS

 

If you have any comments or questions you may address them to MicroMobs at info@micromobs.com.