All users ("Users"), must carefully read the following Terms of Service ("TOS"), before utilizing any MOBOGENIE services.
1. ACCEPTANCE OF TERMS
Welcome to the MOBOGENIE - Global Mobile Web Community! We want to build the largest Community Platform focused on Android Mobile Content and Services ("Service"). MOBOGENIE is a unique place where Users can take advantage of a private online hard disk dedicated to storing, publishing and sharing material and personal content for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate applications for users of mobile phones. Service provided to the Users of the mobile phones also includes the conversion of files from the PC which can be adapted and then sent to mobile phones throughout the world.
By using or visiting the MOBOGENIE website or any MOBOGENIE products, software, data feeds, and services provided to you on, from, or through the MOBOGENIE website, you acknowledge that you have read and accept the TOS. If you do not agree to any of these terms or conditions, please do not use the Service.
MOBOGENIE reserves the exclusive right to decide what can and cannot be done through its Service. Users become "Members" of MOBOGENIE only after installing and/or using any MOBOGENIE products, software, data feeds, and services.
2. SERVICE DESCRIPTION
Welcome to the MOBOGENIE Global Mobile Web Community! We want to build the largest Community Platform focused on Android Mobile Content and Services ("Service"). MOBOGENIE is a unique place where users can take advantage of a PC internet to download applications, games and other mobile contents directly on the phone without using mobile internet. Users can also publish and share material and personal content for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate applications for mobile phones. Service provided to Users also includes the conversion of files from the PC which can be adapted and then sent to mobile phones throughout the world.
TOS applies to all Users of the Service, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, have access through, or contribute to the Service. The Service includes all aspects of MOBOGENIE, including but not limited to all products, software and services offered via the MOBOGENIE website and other mobile phone applications.
MOBOGENIE reserves the exclusive right to decide appropriate usage of the Service. Users become "Members" of MOBOGENIE only after installing and/or using any MOBOGENIE products, software, data feeds, and services.
Currently, MOBOGENIE provides its Users a web-based online hard disk dedicated to storing, publishing and sharing material and personal content for mobile phones (i.e. applications, pictures, games, utilities, logos, ringtones, images and audio executable files). MOBOGENIE Users may save, share and distribute their personal files on the Web, via Mobile, and to virtually any mobile phone in the world. Users can enjoy the use of a private area to save their materials. User content can be kept private or can be made available to the entire MOBOGENIE community, depending on the selection of the posting User.
MOBOGENIE provides a FREE Service for publishing, managing and sharing personal mobile content for all mobile phones �C regardless of mobile phone manufacturer and wireless service provider. Personal mobile content on MOBOGENIE public area can also be downloaded to any PC and be sent and downloaded to User's mobile device, for FREE. Free registration includes:
Free downloads to User's mobile phone;
Free file downloads to desktop, and
Unlimited applications upgrade.
MOBOGENIE DOES NOT own the content uploaded by the Users, but rather provides a service to transfer the personal content provided by the Users from the web to mobile devices. MOBOGENIE does not has any control of the files uploaded by the Users, and therefore cannot be held responsible for any loss, damage and liability caused by the content uploaded to its platform.
Unless otherwise indicated, any modification of MOBOGENIE Service which alters the way in which the Service can be used and/or the launch of new services will be subject to, and therefore regulated by the TOS. Users acknowledge that the Service is provided "as is" and "as available," therefore, MOBOGENIE does not assume any responsibility and makes no guarantee as to the use and availability of the Service. MOBOGENIE has created certain areas where Users can upload and publish adultmature content. Users must be at least 18 years of age to access and view such areas. These areas have been set up in order to keep content and files not suitable for minors in a restricted area, not accessible by Users younger than18 years old. At the same time, even in this area of MOBOGENIE, pornography of any kind is strictly prohibited. We invite all Users to post their content in this area when they feel that such content is not suitable for minors.
MOBOGENIE does not assume any implicit or explicit responsibility for the content stored and published by the Users in any area of MOBOGENIE. Declarations and opinions expressed by the Users do not necessarily represent MOBOGENIE opinions, as MOBOGENIE does not approve, select, certify or control the content of the files. Moreover, MOBOGENIE is not responsible for the receipt or for the quality of any good or service sold or advertised on MOBOGENIE. If any User believes that a file published or uploaded by another User is in violation of laws and regulations, the User is encourage to report it to MOBOGENIE at the email address: email@example.com
3. OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION
In order to utilize the Service, the User must agree to represent that heshe is of legal age to form a binding contract and is not a person barred from receiving services under applicable laws and regulations.
MOBOGENIE DECLARES THAT:
1). The Data(if any)provided by Users are collected and used by the Company which owns and runs the MOBOGENIE Platform and provides the Service. The Data are collected for: advertising, promotion, and direct marketing purposes of MOBOGENIE. By utilizing the Service.
2). With the same purposes as stated above, some data may be communicated by MOBOGENIE to other entities belonging to MOBOGENIE Group or to the 3rd parties, in order to perform activities instrumental to the maintenance, development, distribution, and improvement of the Service. For organizational purposes related to centralized operations and provision of the Service, and due to the international scope of MOBOGENIE, some personal data of Users may be transferred, even temporarily, to different countries of the United States. MOBOGENIE recognizes specific rights of its Users, including the possibility (i) to request records indicating whether or not MOBOGENIE retains the User's personal data (ii) to track the origin of the User's record, and of the logic and objectives for retaining such data; (iii) to effect the updating, correction, integration and eventual cancellation of the User's data, wherever possible; (iv) to oppose the use of personal data for marketing and sales purposes. In order to exercise these specific rights, the User may directly contact MOBOGENIE for privacy and database issues at privacy@MOBOGENIE.com
5. USER CONDUCT
The User has the sole responsibility for any content uploaded, published, or in any other way transmitted to or distributed through the Service. MOBOGENIE does not control the content posted or uploaded to its servers by the Users and, as such, does not guarantee the integrity, correctness, or quality of such content. Under no circumstances will MOBOGENIE be liable in any way for any content made available through the Service.
The Users agree not to use the Service to:
a) Upload, publish, or make available in any other way Content that is unlawful or prohibited;
b) Harm people under the age of 18 in any way;
c) Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
d) Upload, publish, or make available in any other way Content which infringes any Patent, Laws, Trade Secrets, Copyright or other Proprietary Rights;
e) Disturb or interfere with the Service, the servers or the networks connected to the Service;
f) Violate any local or international laws or applicable regulations;
g) Collect and store other Users' personal data without their explicit permission;
h) Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of MOBOGENIE.
MOBOGENIE does not filter or review the Content uploaded by the Users in advance. Nonetheless, MOBOGENIE and other entities designated by MOBOGENIE reserve the sole right �Cwithout assuming any obligation- to refuse or remove any Content accessible through the Service. The User is solely responsible for the material posted by himself/herself in any area of MOBOGENIE. The publication and posting of the following types of Content is strictly prohibited:
a) Material not suitable for people under the age of 18 (except in the expressly designated "Adult areas");
b) Content which infringes any local or International copyright laws, in particular Pirate Software (WAREZ, CRACK), musical files, applications and games, images and texts covered by copyright laws;
c) Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting;
d) Content promoting or providing information for the promotion of illegal activities, or potentially harmful to the 3rd parties;
e) Paid advertising or sponsorship;
f) Content or activities infringing any local or international laws.
The User recognizes and accepts MOBOGENIE's right to save Content and disclose it to the 3rd parties, in order to:
a)Provide an efficient service;
b) Manage the User's account consistently with MOBOGENIE operational procedures;
c) comply with legal requests because MOBOGENIE believes, in good faith, that it is necessary to:
(i) Fulfil legal obligations;
(ii)defend from the 3rd party accusations relating to the infringement of Copyright laws;
(iii)to protect MOBOGENIE and its Users' rights, property and security.
By uploading files on MOBOGENIE, the Users agree to respect to accpet the TOS. MOBOGENIE reserves the right to decide what the Users can or cannot do with the Service. MOBOGENIE reserves the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on MOBOGENIE. MOBOGENIE does not assume any responsibility in case of partial or total loss of the User's material. Although MOBOGENIE is not obliged to pre-screen and screen the files uploaded by Users, MOBOGENIE reserves the right to access any account and any file, without prior notice and/or authorization, in order to verify the Users' compliance with the TOS. Personal data ��if any��provided to MOBOGENIE remains the User's property. The User allows MOBOGENIE to use this information for operational and marketing purposes. This information will never be sold or ceded to the 3rd parties, unless specifically requested by laws, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way is MOBOGENIE responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption.
6. PUBLIC CONTENT
The User agrees that all videos, pictures and tunes he/she publishes onto the Public areas of MOBOGENIE are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualize (partially or wholly) in the whole world and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future.
In the event of legal action brought on by a third party in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users' conduct, and/or in relation to the User's violation of the TOS, and/or of the User's infringement of rights of others, the User agrees to indemnify MOBOGENIE, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).
8. NO RESALE OR COMMERCIAL USE OF SERVICE
The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Service, including access to the Service.
9. GENERAL RULES REGARDING SERVICE USE
The Users agree that MOBOGENIE may establish rules and general limits, which can be updated from time to time, regarding the use of the Service, including the maximum amount of disk space can be used by each user, the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, and the duration of each session. The Users agree that MOBOGENIE cannot be held responsible for the loss of data, or content uploaded by the Users.
10. SERVICE MODIFICATION
MOBOGENIE reserves the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Service. The Users agree that MOBOGENIE cannot be held responsible for any of the modifications, suspensions or cancelling of the Service.
11. THE USER ACKNOWLEDGES AND ACCEPTS THAT MOBOGENIE
The User acknowledges and accepts that MOBOGENIE may, at its sole discretion, suspend the User's access to the Service. Moreover, MOBOGENIE has the right to remove or cancel any of the Users' content, without notice and without being obliged to explain.
12. MOBOGENIE's PROPRIETARY RIGHTS
The User acknowledges and agrees that all Software utilized in connection with the Service ("Software") is protected by the Intellectual Property laws. MOBOGENIE grants the User a non-exclusive, non-transferable and personal, royalty-free license to use the Software on a single Computer. The Users shall not copy, modify, create derivative works and shall not reverse engineer, de-compile or disassemble MOBOGENIE in any shape or form, and in any way try to discover the source codes of the Software, sell, sub-license, or transfer to the 3rd parties any right on the Software.
13. MOBOGENIE'S DISCLAIMER OF WARRANTIES
The Users declare expressly that:
a) The utilization of the Service is at hisher sole discretion. The Service is provided "AS IS" and "AS AVAILABLE". Therefore MOBOGENIE cannot be held responsible in relation to the fruition and availability of the Service. MOBOGENIE expressly disclaims all warranties of any kind.
b) MOBOGENIE does not warrant that:
(i) the Service will satisfy the User's needs,
(ii) the Service will be provided without interruptions, or without errors,
(iii) the quality of Service purchased through the Service will satisfy the User's expectations.
c) Any file downloaded from or obtained through the Service is obtained at the sole discretion of the User, and the User is solely responsible for any harm caused, directly or indirectly, by the content on the Computer or the mobile phone.
d) No advise, suggestion, help, written or verbal, provided by MOBOGENIE to the Users, shall imply any warranty from MOBOGENIE.
14. LIMITATIONS OF LIABILITY
MOBOGENIE services are provided without any implicit or explicit warranty. MOBOGENIE cannot be held responsible of any harm coming from the inability to access or use the Service, or the loss of the files uploaded by the Users. It is the responsibility of the Users to keep a copy of the Content uploaded on MOBOGENIE. MOBOGENIE declines any responsibility for any harm due to the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. MOBOGENIE reserves the right to modify the Service and the TOS at any time, with or without notice.
All communications between the Users and MOBOGENIE shall be in written form via Electronic email or postal services.
To contact mobogenie in relation to the "mobogenie" branded software or products, please submit a support request to customer support team, please submit a support request to http://www.mobogenie.com/support
Gamease Age Digital Technology Co., Ltd. ("Gamease Age"), and incorporated since August 2007.,
East Tower, Jing Yan Building, No.29 Shijingshan Road,
P. R. China
16. COPYRIGHT AND INTELLECTUAL PROPERTY
MOBOGENIE cares and protects Intellectual Property rights and requests its Users to do the same. If you believe that one of your works has been copied in a way that infringes copyright laws, within the Service, please report it to MOBOGENIE with the following information provided:
1. Detailed description of the work protected by copyright laws which you believe being infringed, also describing of the origin of the right itself;
2. Indicate where, in the platform, you have found the infringement;
3. Your name, address, phone number, and email address;
4. A declaration in which you state, in good faith, that the use of the Content is not authorized by the copyright owner, or any of its licensees, or under the copyright laws;
5. A declaration stating that the information you provide are true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner;
6. The user shall declare in advance, if any of his/her content is copyrighted and registered with the authority.
17. APPLICABLE LAW AND FORUM
The TOS and the relationship between MOBOGENIE and its Users will be governed by laws of Singapore. Any dispute, controversy or claim arising out of, relating to, or in connection with TOS shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre for the time being in force. If for any reason the Arbitration Centre finds any provision or portion of the TOS, to be unenforceable, the remainder of the TOS shall continue in full force and effect.
Please report any violations to these TOS to our Help and Support Group: firstname.lastname@example.org
Data Protection); Art. 7 (Indemnity); Art. 10,11(Service Modification); Art. 13 (MOBOGENIE's Disclaimer Of Warranties); Art. 14 (Limitation Of Liability); Art. 17(Applicable Law And FORUM).
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