Terms Of Service
2. Access to Mobiles24You are solely responsible to arrange and to pay for any service fees associated with your ability to access Mobiles24 as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Mobiles24, any equipment, software or otherwise usage that may cause any interference with the Service, shall result in immediate disconnection from the Service.
4. Your ConductYour Responsibility for Your Conduct. You alone are responsible for your conduct on Mobiles24 and for all the content you provide. Content may be provided to and appear on Mobiles24 as text, graphics, images, audio, video, digital files, software or in other format ('Submissions'). Mobiles24 does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Mobiles24 expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety. If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Mobiles24, communicate with other members of the Mobiles24 community or otherwise access services provided by Mobiles24. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Mobiles24 , communicate with other members of the Mobiles24 community, or otherwise access services provided by Mobiles24.
Member Disputes. You are solely responsible for your interactions with other Mobiles24 members. Mobiles24 reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Mobiles24, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
Other than Submissions you provide to Mobiles24, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively "Mobiles24 Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to Mobiles24, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all Mobiles24 Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Mobiles24 or respective owners. Mobiles24 reserves all rights not expressly granted to you. If you download, print or display any Mobiles24 Content for personal use, you must retain all copyright and other proprietary notices.
6. Content Submissions and Website PoliciesRepresentations About Content You Provide. When you provide any Submissions to Mobiles24, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to Mobiles24 Submissions of any kind that is, within the sole discretion of Mobiles24, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
- infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
- promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
- material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
- offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
- libelous or defamatory or promotes information that you know is false or illegal;
- violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
- solicits information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- obscene, vulgar or contains profanity;
- pornographic or sexually explicit;
- exploits or attempts to exploit people in a sexual or violent manner;
- disparaging to Mobiles24 or any third party;
- an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
- involves the transmission of any unsolicited mass mailing including but not limited to 'junk mail,' 'chain letters' and 'spam';
- contains restricted or password only access pages;
- video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
- unlawful or illegal, criminal or tortious in nature;
- otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Website Policies. In addition, you must agree to adhere to all of the following guidelines and requirements:
- No Commercial Use. The Service is only for personal use of its members and may not be used in connection with any commercial endeavors unless explicitly approved by Mobiles24. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on Mobiles24, including within personal member profiles, without explicit written authorization of Mobiles24;
- No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to 'robots', 'spiders', 'offline browsers' or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
- No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause Mobiles24 to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
- No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18. or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses;
- No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
- No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile;
- No Unauthorized Linking or Framing. Should you wish to link to Mobiles24, you agree that you: (i) will not replicate the Service’s content; (ii) will not frame or border environment around any of the Service’s content; (iii) will not misrepresent any relationship with Mobiles24 or imply that Mobiles24 is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about Mobiles24 on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Mobiles24’s own Content Submissions policy;
8. Claims of Copyright InfringementIf you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Mobiles24 requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- sufficient identification of the allegedly infringing material;
- sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
- the complainant’s name, address, telephone number and, if possible, your email address;
- a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Mobiles24's Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
9. Disclaimer Of WarrantiesYOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mobiles24 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER 'MOBILES24.COM') DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MOBILES24.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND MOBILES24.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
MOBILES24.COM IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. MOBILES24.COM MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, MOBILES24.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
10. Limitation of LiabilityIN NO EVENT SHALL MOBILES24.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF MOBILES24.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOBILES24.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECFICALLY AGREE AND UNDERSTAND THAT MOBILES24.COM IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.