When you sign up for any service
within the MobiVibe
group of communities (i.e. MobiVibe), you agree to all of the terms
and conditions of this Agreement.
Please read the following
terms and conditions carefully, as they form the
agreement between you and either MobiVibe or, if you are in the United
States, our respective subsidiary, licensee or agent.
If you do not agree to these terms and conditions,
you may not use the Service. By using the Service
after January 1, 2000, you are agreeing to be bound
by this Agreement, including all amendments made
to date.
User Agreement
This Agreement constitutes
your agreement with MobiVibe , with respect to your use of the Service. You
must agree to abide by all of the terms and conditions
contained in this Agreement in order to become or
remain an authorized user of the Service. As used
in this Agreement, "we" and "us"
means MobiVibe or any successor
or assign of MobiVibe.
Right to Use
Your right to use the Service
is subject to any limitations, conditions and restrictions
established by us from time to time, in our sole
discretion. We may alter, suspend or discontinue
any aspect of the Service at any time, including
the availability of any Service feature, database
or content. We may also impose limits on certain
features and aspects of the Service or restrict
your access to parts or all of the Service without
notice or liability.
Adult
You represent, warrant and
covenant that you are at least 18 years old.
Code of Conduct
You agree to use the Service
in accordance with the following Code of Conduct:
a.
you will
keep all information provided to you through
the Service as private and confidential and
will not give such information to anyone without
the permission of the person who provided
it to you;
b.
you will
not use the Service to engage in any form
of harassment or offensive behavior, including
but not limited to the posting of communications
or recordings which contain libelous, slanderous,
abusive or defamatory statements, or racist,
pornographic, obscene, or offensive language; you may not use our service or products to violate any law or regulation of any State, United States, or alien government.
c.
you will
not use the Service to infringe the privacy
rights, property rights, or any other rights
of any person;
d.
you will
not post messages or recordings or use the
Service in any way which violates, plagiarizes
or infringes upon the rights of any third
party, including but not limited to any copyright
or privacy or other personal or proprietary
rights, or is fraudulent or otherwise unlawful
or violates any law;
e.
you will
not use the Service to promote any solicitation
for funds, advertising or solicitation for
goods or services; and
f.
you will
not post or transmit in any manner any contact
information including, but not limited to,
telephone numbers, postal addresses, e-mail
addresses, web sites, or full names through
your publicly posted information.
Fees & Payments:
a.
Full Members
of the Service are required to purchase "
Blocks of Time" in order to use the "paid
features" of the Service. Each Full Member
is credited with the number of minutes purchased.
Each of the "paid features" of the
Service costs one or more minutes to use.
Each time a Full Member uses a "paid
feature" of the Service, his account
of Block of Time is debited by the number
of minutes charged to use that "paid
feature".
b.
In order
to purchase Minutes, Full Members may place
an order via a 1-900 telephone number, pay
cash or by credit card in accordance with
our pricing policy for Blocks of Time as stated
on the Service from time to time. In addition
to paying the posted price, the purchaser
is responsible for paying all applicable taxes
in connection with the purchase of the Block
of Time. We reserve the right to change our
pricing policy at any time at our sole discretion.
We also reserve the right to change the method
or manner in which we charge members for Blocks
of Time, or the method of payment which is
acceptable to us, at our sole discretion.
c.
Once we
have confirmed receipt of your payment, we
will credit your account with the Block of
Time purchased. Where we receive payment for
an incorrect amount we will credit your account
with a pro-rated number of minutes based on
the funds received. Minutes will be automatically
deducted from your account as you use "paid
features" of the Service. You can confirm
the number of minutes that remain available
to you in your account at any time from the
Member Services section, option 5 from the
Main Menu. Otherwise, you will always be updated
on the status of your Membership Balance upon
exiting a "paid feature." A Full
Member whose account of Membership Balance
is reduced to zero remains a Full Member,
but can not access "paid features"
until additional Time is purchased. If your
usage of the Service is terminated because
of a breach of this Agreement or if it is
terminated for any reason, any unused Minutes
is automatically and immediately forfeited.
d.
THE PURCHASE
OF MINUTES IS NON-REFUNDABLE. Any unused Minutes
will remain credited to your account but will
not be refunded if unused, even if you are
no longer using the Service. Minutes will
only be credited to the account of the Full
Member purchasing the Time, and to no one
else. Time may not be transferred from one
member of the Service to another member. The
cost of Time purchased by a Full Member is
not refundable under any circumstance but
can be used by you at any time.
e.
You agree
to pay or have paid all fees and charges incurred
in connection with your membership with the
Service (including any applicable taxes) at
the rates in effect when the charges were
incurred. All fees and charges are non-refundable.
We may change the fees and charges in effect
for using the Service, or add new fees or
charges, by posting new fees and changes on
the site from time to time. You also are responsible
for any fees or charges incurred to access
the Service through the telephone system,
including but not limited to telephone charges,
long distance charges or mobile phone charges.
YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY
A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY
YOU.
Privacy and Use of Information
By using the services you
have also agreed to our Privacy Statement. You acknowledge
that (a) we cannot
ensure the security or privacy of information you
provide through the telephone system and your voice
messages, and you release us from any and all liability
in connection with the use of such information by
other parties; (b)
we are not responsible for, and cannot control,
the use by others of any information which you provide
to them and you should use caution in selecting
the personal information you provide to others through
the Service; and (c)
we cannot assume any responsibility for the content
of messages sent by other users of the Service,
and you release us from any and all liability in
connection with the contents of any communications
you may receive from other users. We cannot guarantee,
and assume no responsibility for verifying, the
accuracy of the information provided by other users
of the Service.
You may not use the Service
for any unlawful purpose. We may refuse content
that impersonates someone else, is protected by
proprietary law, or is vulgar or otherwise offensive,
as determined by us in our sole discretion.
Monitoring of Information
We reserve the right to monitor
all advertisements, public postings and messages
to ensure that they conform to the content guidelines
that may be applicable from time to time.
Removal of Information
While we do not and cannot
review every message sent by users of the Service,
and are not responsible for any content of these
messages, we reserve the right, but are not obligated,
to delete or move content including without limitation
profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code
of Conduct set out above or any applicable content
guidelines, or to be otherwise unacceptable. You
shall remain solely responsible for the content
of profiles, public postings and messages you may
record to the Service or send to the users of the
Service.
Termination of Access to
Service
We may, in our sole discretion,
terminate or suspend your access to all or part
of the Service at any time, with or without notice,
for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality
of the foregoing, any fraudulent, abusive, or otherwise
illegal activity, or that may otherwise affect the
enjoyment of the Service or the Internet by others
may be grounds for termination of your access to
all or part of the Service at our sole discretion,
and you may be referred to appropriate law enforcement
agencies.
Proprietary Information
The Service contains information
which is proprietary to us our partners, and our
users. We assert full copyright protection in the
Service. Information posted by us, our partners
or users of the Service may be protected whether
or not it is identified as proprietary to us or
to them. You agree not to modify, copy or distribute
any such information in any manner whatsoever without
having first received the express permission of
the owner of such information.
No Responsibility
You acknowledge that we are
not responsible for suspension of the Service, regardless
of the cause of the interruption or suspension.
Any claim against us shall be limited to the amount
you paid, if any, for use of the Service during
the previous 12 months. We may discontinue or change
the Service or its availability to you at any time,
and you may stop using the Service at any time.
Security
Your account is private and
should not be used by anyone else. You are responsible
for all usage or activity on the Service by users
using your password, including but not limited to
use of your password by any third party.
Indemnity
You agree to indemnify us,
our officers, directors, employees and agents, from
any loss or damages, including without limitation
reasonable legal fees, which we may suffer from
your activities on or use of the Service, including
without limitation any breach by you of this Agreement
or any charges or complaints made by other parties
against you. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve
the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification
by you; provided, however, that you shall remain
liable for any such claim.
No Warranties
The Service is distributed
on an "as is" basis. We do not warrant
that this Service will be uninterrupted or error-free.
There may be delays, omissions, and interruptions
in the availability of the Service. Where permitted
by law, you acknowledge that the Service is provided
without any warranties of any kind whatsoever, either
express or implied, including but not limited to
the implied warranties of merchantability and fitness
for a particular purpose. You acknowledge that use
of the Service is at your own risk. We do not represent
or endorse the accuracy or reliability of any profile,
advice, opinion, statement or other information
recorded or distributed through the Service by MobiVibe, our partners or any user
of the Service or any other person or entity. You
acknowledge that any reliance upon any such opinion,
member profile, advice, statement or information
shall be at your sole risk.
Your continued use of the
Service now, or following the posting of notice
of any changes in this Agreement, will constitute
a binding acceptance by you of this Agreement, or
any subsequent modifications.
We may modify this Agreement
from time to time. Notification of changes in this
Agreement will be posted on the Service as we may
determine in our sole discretion. If you do not
agree to any modifications, you should terminate
your use of the Service. Your continued use of the
Service now, or following the posting of notice
of any changes in this Agreement, will constitute
a binding acceptance by you of this Agreement, or
any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send
you voice messages, for the purpose of informing
you of issues, changes or additions to the Service,
or of any MobiVibe related
products and services. We reserve the right to disclose
information about your usage of the Service and
demographics in forms that do not reveal your personal
identity.
And by your use of the Service,
you consent to such disclosures and communications
subject to the terms of our Privacy Statement.
Law
If any provision in this Agreement
is invalid or unenforceable under applicable law,
the remaining provisions will continue in full force
and effect. This Agreement will not be governed
by the United Nations Convention on Contracts for
the International Sale of Goods. Les parties acceptent
d'un commun accord que la presente entente soit
redigee en anglais.
Assignment:
You do not have the right
to assign this Agreement or any of your rights to
the Service to anyone. MobiVibe
has the right to assign any or all of its rights
and duties under this Agreement or to the Service
to any third party. At the election of MobiVibe, if MobiVibe's obligations hereunder are assumed
by a third party, MobiVibe
shall be relieved of any and all liability under
this Agreement.
