General

By using MobileNet's Website you agree all terms, conditions, and notices contained or referenced herein or on the MobileNet Website (collectively, the "Terms of Use").  If you do not agree to these Terms of Use please do not use the MobileNet Website.  We reserve the right, at our discretion, to update or revise these Terms of Use.  Please check the Terms of Use periodically for changes.  Your continued use of the MobileNet Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  Additionally, the MobileNet Website may contain additional terms that govern particular features or offers.  Finally, in order to purchase any product or service hereunder, you will have to agree to the Subscriber Agreement.

Rules of User Conduct

You agree to abide by MobileNet's Rules of User Conduct, including but not limited to, agreeing not to use the MobileNet Website for any unlawful purpose. The full Rules of User Conduct are as follows:

By posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through the MobileNet Website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates MobileNet's rules or policies;


• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;


• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;


• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;


• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or


• impersonates any person or entity, including any employee or representative of MobileNet.

You also agree that you will not harvest or collect information about the users or members of the MobileNet Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.

MobileNet generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the MobileNet Website.  However, MobileNet and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate.  MobileNet is not responsible for any failure or delay in removing such content

Third Party Sites

The MobileNet Website may produce automated search results or otherwise link you to other sites on the Internet.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites are not under the control of MobileNet, and you acknowledge that MobileNet is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of the site by MobileNet or any association with its operators.

Proprietary Rights

The MobileNet name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of MobileNet and may not be used in any manner without the prior written consent of MobileNet.  You acknowledge and agree that all content and materials available on the MobileNet Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  Except as expressly authorized by MobileNet, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.  Systematic retrieval of data or other content from the MobileNet Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MobileNet is prohibited.  In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Procedure for Making Claims of Copyright Infringement

MobileNet, its subsidiaries, and affiliate companies respect the intellectual property of others, and we ask our content providers and those posting materials to the MobileNet Website to do the same.  If you believe that your copyrighted work has been copied and is accessible on the MobileNet Website in a way that constitutes copyright infringement, please let us know right away by providing our copyright agent with the following information:

• the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf


• a description of the copyrighted work that you claim has been infringed and a description of the infringing activity


• identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published


• identification of the URL or other specific location on the MobileNet Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material)


• your name, address, telephone number, and email address


• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law


• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the MobileNet Website can be reached as follows:

MobileNet, Inc.
P.O. Box 811160
Los Angeles , CA 90081
213-316-0400

This contact information is only for reporting copyright infringement.  Contact information for other matters is provided elsewhere on the MobileNet Website.

Copyright Notice

All contents of the MobileNet Website are: Copyright ©1998 – 2010 Network Enhanced Technologies Inc., and/or its content providers.  All rights reserved

User' Grant Of Limited License

By posting or submitting content to the MobileNet Website, you:

• grant MobileNet and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, websites and for any purpose; and
• warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MobileNet will not infringe or violate the rights of any third party.

Disclaimer Of Warranties

All materials, information, software, products, and services included in or available through the MobileNet Website (the "content") are provided "as is" and "as available" for your use.  The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or no infringement.

MobileNet its subsidiaries, affiliates and licensors do not warrant that the content is accurate, reliable or correct; that the MobileNet Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.  Your use of the MobileNet Website is solely at your risk.  Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

Under no circumstances shall MobileNet, its subsidiaries, affiliates or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the MobileNet Website.  This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MobileNet has been advised of the possibility of such damage.  Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MobileNet's liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

Upon a request by MobileNet, you agree to defend, indemnify, and hold harmless MobileNet and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the MobileNet Website.  MobileNet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MobileNet in asserting any available defenses.

International Use

MobileNet makes no representation that materials on the MobileNet Website are appropriate or available for use in locations outside the United States , and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the MobileNet Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law & Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California , excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the MobileNet Website shall be filed only in District Court, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Termination

MobileNet reserves the right, in its sole discretion, to terminate your access to all or part of the MobileNet Website, with or without notice.