mobileFX™ Terms and Conditions of Use
INTRODUCTION
Welcome to the mobileFX.com (also referred to as
"mobileFX", "mobileFX™", "we", "us", or "our" herein) Web site (the "Site").
By accessing this Site, you agree to be bound by the terms and conditions
below (the "Terms"). If you do not agree to all of the Terms, please do not
use the Site. mobileFX™ may from time to time modify or revise the Terms by
updating this Web page. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the Terms as changed.
If any change is unacceptable to you, your only recourse is to terminate
your use of the Site.
OWNERSHIP RIGHTS
This web site is owned and operated by mobileFX. (All
Materials herein are protected under European, United States and
international copyright laws and are the property of mobileFX™ or its third
party licensors. All rights reserved.) As used in these Terms, "Materials"
includes, but is not limited to, Software, images, text, audio and all other
information, displayed, contained within, or accessible on the Site. No
Materials may be copied, reproduced, modified, displayed, republished,
uploaded, posted, transmitted, sold or distributed in any way, except that
you may download one copy of the Materials on any single computer for your
personal, non-commercial use only, provided that you maintain in such copy
all copyright and other proprietary rights notices contained in the original
Materials. No right, title or interest in any downloaded Materials is
transferred to you as a result of any such downloading or copying. You agree
not to assist others in any unauthorized reproduction, modification, display
or distribution of the Materials. Unless expressly agreed to by mobileFX™ in
writing, you may not create derivative works based on the Site or Materials
contained therein, in whole or in part. The use of any Materials on any
other Web site or networked computer environment is prohibited.
IMAGES
All logos, page headers, images and graphics displayed on
this Site are service marks, trademarks, and/or trade dress (collectively,
"Marks") of mobileFX™ or its third party licensors. Except as expressly
permitted herein, using, copying, transmitting, displaying, modifying or
distributing any Marks in any form or by any means without the express
written permission of mobileFX™ is prohibited and may violate the copyright,
trademark, privacy or other laws of the European, United States and/or other
countries.
DOWNLOADABLE SOFTWARE
The use of any mobileFX™ Software, or the Software of
third parties, downloaded from the Site shall be subject to the terms and
conditions of the license provided with the Software. "Software" includes
any files, images incorporated in or generated by the Software, and data
accompanying the Software. You may not download any Software from this Site
until you have read, and agreed to the terms and conditions of the license
provided with the Software (EULA). Without limiting the generality of the
terms contained in any such license, you agree that you will not: (a) modify
the Software (b) decompile, reverse engineer, or disassemble the Software,
(c) remove any copyright or other proprietary rights notices from the
Software; or (d) use the Software for any commercial purpose, or any public
display, performance, sale or rental, except as expressly permitted by
mobileFX™ in writing. mobileFX™ retains all right, title and interest in and
to the Software, including all intellectual property rights therein. You
download Software at your own risk and assume complete and exclusive
responsibility for any and all losses, damages and liabilities that may
result from the use of Software downloaded from the Site.
USER COMMENTS
We appreciate your comments, remarks, feedback,
suggestions, ideas and other submissions you disclose or transmit to us
(collectively, "Comments"). You grant mobileFX™ and its affiliates a
perpetual, irrevocable, worldwide, royalty-free right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works of,
distribute, publicly perform and publicly display (in whole or in part) your
Comments, your name and any related copyrights, moral rights or other
intellectual property rights.
USER FORUMS
mobileFX™ may provide access to certain discussion groups
through this Site as a service to you. Discussion groups, by their nature,
may contain offensive, harmful, deceptive, misleading, inaccurate or
otherwise inappropriate material, and you acknowledge and agree that
mobileFX™ shall not have any responsibility for the content of any
discussion group, or materials or articles contained therein, that may be
accessed on or through this Site. You understand that mobileFX™ acts as a
passive conduit for, and does not control, or attempt to control, any
information, data, text, Software, music, sound, photographs, graphics,
video, messages or other materials, that you, or any other user of the Site,
uploads, posts or transmits to or through the Site (the "User Content").
mobileFX™ may, but is not obligated to, monitor or review the User Content
and retains the right to delete any User Content at any time. You
acknowledge and agree that you are solely responsible for any User Content
that you upload, post or transmit to or through the Site, including, but not
limited to, its legality, reliability, accuracy, integrity, appropriateness
and originality. In no event shall mobileFX™ have any liability related to
the User Content, whether arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. You represent and warrant to mobileFX™
that you will not upload, post or otherwise transmit any User Content to or
through the Site that infringes, misappropriates or otherwise violates any
copyright, trademark or other intellectual property right, right of privacy,
right of publicity or any other right of any entity or person; or that is
unlawful, threatening, libellous, defamatory, obscene, scandalous,
inflammatory pornographic, or profane, or that could constitute or encourage
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise violate any law or mobileFX™ rule or policy.
You grant mobileFX™ and its affiliates a
perpetual, irrevocable, worldwide, royalty-free, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, publicly
perform and publicly display the User Content you upload, post
or transmit to the Site (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology
now known or later developed. You also grant each user of this
Site the right to access, display, view, and reproduce such User
Content for personal use. You represent and warrant to mobileFX™
that you have the right to grant the licenses stated above.
You acknowledge and agree that you may not
upload, post, reproduce, or distribute any User Content on or
through this Site that is protected by copyright or other
proprietary right of a third party, without obtaining permission
of the owner of such right. Any copyrighted or other proprietary
content distributed with the consent of the owner must contain
the appropriate copyright or other proprietary rights notice.
The unauthorized submission or distribution of copyrighted or
other proprietary content is illegal and could subject you to
personal liability or criminal prosecution.
LINKS TO OTHER SITES
This Site may contain links to other web sites ("Linked
Sites") as a convenience to you. mobileFX™ does not operate or control any
information, products or services on the Linked Sites, and neither endorses
or approves any products, services or information offered at Linked Sites.
You acknowledge and agree that your access or use of any Linked Site is at
your own risk.
PRIVACY POLICY
It is our policy to respect the privacy of individuals
who visit the Site or provide Comments to us. Our privacy policy (the
"Privacy Policy"), is incorporated herein by reference. By accepting these
Terms, you expressly consent to the use and disclosure of your personal
information as described in the Privacy Policy.
INDEMNITY
You agree to defend, indemnify and hold mobileFX™, its
affiliates and their officers, directors, agents and employees harmless from
and against any and all claims, losses, damages, liabilities, costs and
expenses, including attorneys' fees, arising from or related to your (a)
User Content, (b) use of the Site, or (c) violation of any of these Terms.
WARRANTY DISCLAIMER
THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED "AS IS"
AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
mobileFX™ EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
mobileFX™ DOES NOT WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE
COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET
YOUR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (D) THAT
THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS SITE IS
SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL mobileFX™, ITS LICENSORS, OR ANYONE
ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THIS SITE, BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO
THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF mobileFX™ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. mobileFX™ TOTAL LIABILITY FOR ALL CLAIMS
ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED
FIFTY EUROS (50€). SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
JURISDICTION AND APPLICABLE LAWS
This site is administered by mobileFX™ from its home
office in Hellas. Unless otherwise specified, the Materials are presented
solely for the purpose of promoting mobileFX™ and its products worldwide.
mobileFX™ makes no representation or warranty that the Software or the
Materials are appropriate or available for use in territories outside
Europe. Access, downloading or use of such Software and Materials in
territories where such Software or Materials are illegal is prohibited. You
agree to comply with all laws, rules and regulations applicable to your
downloading or use of the Software and Materials available on or through
this Site, including, but not limited to, all European export control laws,
rules and regulations. mobileFX™ does not authorize the transfer, by any
means, of any Software, Materials or technical data from this Site to any
jurisdiction prohibited by the European export laws. You may not use, export
or re-export the Software or Materials, or any copy or adaptation thereof,
in violation of any applicable laws or regulations, including without
limitation European export laws and regulations. If you choose to access
this Site from outside Europe, you do so on your own initiative and are
solely responsible for any liability arising there from. You and mobileFX™
each agree to submit to the personal and exclusive jurisdiction of the
courts located within Athens, Hellas.
TERMINATION
You agree that mobileFX™, in its sole discretion, may
suspend or terminate its operation of the Site or your use of the Site (or
any portions thereof), and may remove and discard any User Content, Software
or Materials within the Site, for any reason. In the event you fail to
comply with the Terms, your right to use the Site will automatically
terminate. Upon any termination of the Site, or your use of the Site, you
agree to immediately and completely destroy all copies of any Software of
Materials downloaded form the Site. You agree that mobileFX™ shall not be
liable to you or any third-party for any termination of the Site, your
access to the Site or any removal of any User Content from the Site.
GENERAL
These Terms constitute the entire agreement between you
and mobileFX™ and supersede and replace any prior agreements, whether
written or oral, between you and mobileFX™ related to the subject matter
herein. The failure of mobileFX™ to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties' intentions as reflected in
the provision, and all other provisions of the Terms shall remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, you must file any claim or cause of action arising out of or
related to use of the Site or otherwise arising out of or related to these
Terms within one (1) year after such claim or cause of action arose. The
section titles in these Terms are for convenience only and have no legal or
contractual effect. The line spaces between the section titles are for your
reading convenience.
Copyright Statement
This site and the contents of this site,
including but not limited to, text, photographs, graphics,
illustrations, video, sound, Software and other material (all
such contents collectively referred to as "Content") are
protected under European, United States and international
copyright laws and are the property of mobileFX™ or its third
party licensors. All rights reserved. Except as expressly
permitted herein, copying, distributing, transmitting,
displaying, modifying, or otherwise using any Content in any
form or by any means without the express written permission of
mobileFX™ is prohibited and may violate the copyright laws of
Europe and/or other countries. You may view, copy, print, and
distribute this Web site subject to the following conditions:(a)
the site may be used for informational purposes only; (b) the
site may only be used for non-commercial, non-profit purposes
and (c) any copy of this Web site, or portion thereof, must
include the following copyright notice: Copyright 2003-2007,
mobileFX™, 52 Electras str, 17673 Kallithea, Greece. All rights
reserved.
Note that mobileFX™ retains all right, title
and interest in and to all Software, products, processes and
technologies described or made available on this Web site, and
all intellectual property Rights related thereto, and nothing
shall be deemed to grant you any ownership or other rights
therein.
mobileFX™ Studio
52 Electras str,
Kallithea 17673,
N. Attikis,
Greece.
http://www.mobilefx.com
If you have any questions regarding the contents
contained in this document, please send us an e-mail to
info@mobileFX.com
Home |
Sales |
Support