Thank you for your interest in Mobber.com, LLC ("MOBBER"). The following terms and conditions govern your registration and use of MOBBER.


You Must Agree to these Terms of Service to Use MOBBER Products
By using or registering for a MOBBER Product (defined below), you agree to these terms and conditions ("Terms of Service") and the MOBBER Privacy Policy. You agree to accept notices electronically. Each time you use a MOBBER Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the MOBBER Products. You cannot use or sign up for MOBBER Products until you have accepted these Terms of Service.


MOBBER Products
For purposes of these Terms of Service, the term "MOBBER Products" shall mean MOBBER software (whether preinstalled, on a medium or offered by download), MOBBER services, MOBBER websites (including, without limitation, MOBBER.COM and any other interface where MOBBER products apprear) and all other software, features, tools, web sites and services provided by or through MOBBER and third-party vendors.


Additional Terms and Conditions for other Services or Products
You agree and understand that certain MOBBER Products, features and other premium services offered by or through MOBBER may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your MOBBER Screen Name or through a MOBBER Product shall constitute a breach of these Terms of Service.


Modifications to the Terms of Service
MOBBER may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the MOBBER Products. MOBBER will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the MOBBER Products and cancel your registration.


Requirements for Use or Registration of MOBBER Products
The MOBBER Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some MOBBER Products may require the user to register and provide information to MOBBER, such as name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any MOBBER Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

You will need a valid form of identification to use MOBBER Products, such as a valid screen name issued by MOBBER or such other forms of user identification authorized by MOBBER (collectively, "Screen Name"). You may not (1) select or use a Screen Name of another person with the intention of impersonating that person, (2) use a Screen Name of anyone else without authorization, (3) use a Screen Name in violation of the intellectual property rights of any person or (4) use a Screen Name that MOBBER considers in its sole discretion as being inappropriate.


Inactive Status
You must use your Screen Names on a regular basis (e.g., log into a MOBBER Product) to keep your Screen Names and registration active. MOBBER may cancel the registration and Screen Names and delete any e-mail or data any MOBBER Product of any registered user who MOBBER has determined in its sole discretion has not used such Screen Name for a period of ninety (90) days. If your Screen Name is canceled, you will need to re-register for a MOBBER Product and obtain a new Screen Name to gain access to registration-based features and tools. You agree that MOBBER may delete any messages, emails, communication history, or other content associated with canceled Screen Names. If the Screen Name that you previously used and which was canceled has not been taken by another registered user of MOBBER or any affiliated service, you may re-register with your canceled Screen Name.


Registered User Information
The MOBBER Privacy Policy explains how MOBBER collects and uses information and the choices you have with that information. You consent to MOBBER using your registration information and other information collected by MOBBER under the terms of the MOBBER Privacy Policy.

By registering with or using MOBBER Products, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by MOBBER. Additionally, you agree that MOBBER may use the Screen Name or other similar technologies, to authenticate you on MOBBER, help store your registration and transaction-related information, and enable you to take advantage of offerings from MOBBER and its affiliated providers.


Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your MOBBER account and Screen Name, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use MOBBER while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless MOBBER for losses incurred by MOBBER or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using MOBBER Products.

You are responsible for any materials you post or make available on or through the MOBBER Products, including message board posts, chat participation and profile pages.


Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the MOBBER Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access MOBBER are your responsibility. If you are accessing MOBBER through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.


You May Use the MOBBER Products for Lawful Purposes Only
You may use MOBBER Products for lawful purposes only. You may not post on or transmit through community areas (e.g., the MOBBER slider, message boards, chat, e-mail, private messages, profile pages, calendars, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in MOBBER's judgment, restricts or inhibits any other user from using or enjoying the MOBBER Products, including without limitation the community areas.


No Spam, Bulk Email or Bulk Instant Messages
You may not use MOBBER Products including communication tools such as e-mail, instant messaging and chat services to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about MOBBER users from MOBBER Products, including Screen Names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that MOBBER may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within MOBBER's networks.


Content You May Use
MOBBER, its vendors and MOBBER users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on MOBBER Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by MOBBER or its vendors. You agree that you will not take any action to interfere with MOBBER's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use Content available on the MOBBER Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.


Content You Post to Public Areas
As explained in detail in the MOBBER Privacy Policy, MOBBER does not read your private online communications when you use any of the communication tools on MOBBER Products. If, however, you use these tools to post Content or other information to public areas on MOBBER Products (for example, in chat rooms or online message boards), other online users will have access to this information and Content.

You may not post or distribute Content to public areas on MOBBER Products that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of MOBBER Products, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of MOBBER Products and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

You or the owner of the Content retain ownership of all right, title and interest in Content that you post to public areas of any MOBBER Product. However, by submitting or posting Content to public areas of MOBBER Products (for example, posting a message on a message board or submitting your picture for the "Rate-A-Mobber" feature), you grant MOBBER, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. Once you submit or post Content to any public area on a MOBBER Product, MOBBER does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. MOBBER owns all right, title and interest in any compilation, collective work or other derivative work created by MOBBER using or incorporating Content posted to public areas of MOBBER Products.


No Duty to Monitor
MOBBER is not required to pre-screen Content available on the MOBBER Products, including the content of any messaging that occurs on or through the MOBBER service, although MOBBER reserves the right to do so in its sole discretion. MOBBER is not liable for Content that is provided by others. MOBBER reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but MOBBER is not responsible for any failure or delay in removing such material.


Changes to the Service
MOBBER has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the MOBBER Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on MOBBER servers on your behalf either cumulatively or for any particular service or the availability of MOBBER Products on any particular device or communications service. MOBBER has no obligation to provide you with notice of any such changes.


MOBBER License to You
MOBBER and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by MOBBER (including all software and services provided by a third-party vendor for MOBBER) in object code form only on any computer or device from which you wish to access the MOBBER service and all other MOBBER Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the MOBBER Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from MOBBER. MOBBER occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the MOBBER service, the MOBBER Products, or any other MOBBER services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that MOBBER's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by MOBBER may vary depending on your computer and other equipment.


Restrictions on Access to or Use of MOBBER Products
You may access MOBBER Products only through the interfaces and protocols provided or authorized by MOBBER. You agree that you will not access MOBBER Products through unauthorized means, such as unlicensed software clients, and that you will only use MOBBER Products in conjunction with MOBBER authorized products and components.


U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.


Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from MOBBER, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.


No Support by MOBBER
You understand that your use of the Software is at your own risk and that MOBBER provides no assistance. MOBBER is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.


Third-Party Services
Third parties may offer from time to time applications or services to access MOBBER services and MOBBER Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. MOBBER does not represent and warrant that access and use of MOBBER Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the MOBBER Products at all times and locations of your choosing. You also agree that MOBBER is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make MOBBER Products accessible through these third-party applications.
No Control Over Third-Party Services or Websites
You understand Third Party Services may install MOBBER products on their services or sebsites over which MOBBER maintains no control over the content, material, or subject matter. Your use of such Third-Party Services (e.g. a third-party website) will be at your own risk and subject to the terms and conditions of those third-parties. MOBBER does not represent and warrant any aspect of those third-party services or websites.


Copyright Infringement
If you believe that your work has been copied and is accessible on a MOBBER Product in a way that constitutes copyright infringement, please contact MOBBER at Attn: Copyright Infringement, 1159 Green Street, #6, San Francisco, CA 94109.


No Endorsement
MOBBER Products may contain links to other web sites, resources and advertisers. MOBBER is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall MOBBER or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.


Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE MOBBER PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE MOBBER PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, MOBBER AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE MOBBER PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. MOBBER AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBBER PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MOBBER PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBBER PRODUCTS AND SOFTWARE WILL BE CORRECTED. MOBBER AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOBBER PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MOBBER PROVIDES THE MOBBER PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE MOBBER PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MOBBER WILL HAVE ADEQUATE CAPACITY FOR THE MOBBER PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. MOBBER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MOBBER (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR MOBBER PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE MOBBER PRODUCTS AND SOFTWARE. MOBBER AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MOBBER PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH MOBBER PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOBBER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOBBER AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MOBBER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH MOBBER PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


Indemnification
You agree to defend, indemnify and hold harmless MOBBER, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the MOBBER Products. MOBBER reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for MOBBER in that matter.


Termination
MOBBER has the right to terminate your Screen Name, your registration, the Software license or your access to MOBBER Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). MOBBER may, but shall be under no obligation to, provide you a warning prior to termination of your use of the MOBBER Products.


Trademarks
All trademarks appearing on the MOBBER Products are the property of their respective owners, including, without limitation, MOBBER.COM, LLC.


Purchases and Premium Services
MOBBER may from time to time give you the opportunity to purchase or subscribe to products and premium services on MOBBER (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.

You can go to "My Profile" on the MOBBER Product to get information about billing or to determine the status of your bill and the amount of any surcharge.

Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.


Your Payment Responsibilities
You must select a payment method to pay for your fees for any Premium Service and for all purchases made from MOBBER Products. You must give MOBBER accurate billing and payment information and keep this information up-to-date through the "My Account" area on MOBBER Today. You agree to pay MOBBER for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize MOBBER to charge your designated payment method for these charges. If MOBBER does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by MOBBER or its operators.

Every time you use a MOBBER Product, you reaffirm that (i) MOBBER (or its designated vendor acting as MOBBER's billing agent) is authorized to charge your designated payment method; (ii) MOBBER may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.

You must notify MOBBER's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to MOBBER's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.


Subscription Plans
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or MOBBER otherwise terminates your subscription. Also, under most subscription plans, MOBBER will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or MOBBER otherwise terminates your subscription.


Electronic Delivery Policy
MOBBER, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY MOBBER PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM MOBBER ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that MOBBER generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to MOBBER during registration or (2) MOBBER may post Notices on a welcoming screen or top page of the relevant MOBBER Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of MOBBER.com. The delivery of any Notice from MOBBER is effective when sent by MOBBER, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.


Miscellaneous

1. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the MOBBER Products.
   
   
2. These Terms of Service and any operating rules for any areas of functionality of the MOBBER Products established by MOBBER constitute the entire agreement between MOBBER and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific MOBBER Product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the MOBBER Products resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Last updated March 5, 2006