1. Acceptance of These Terms of Use
Mobiles24 (referred to as the "Service" or "Mobiles24") is provided to you free of charge unless otherwise indicated. In its discretion, Mobiles24 reserves the right discontinue any part of the Service at any time. BY USING AND/OR VISITING Mobiles24, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, SERVICES, CONTENT, APPLICATIONS OR OTHER FEATURES THAT MAY BE AVAILABLE FROM TIME TO TIME IN CONNECTION WITH THE SERVICE, YOU AGREE TO BE BOUND BY BOTH THIS TERMS OF USE AGREEMENT and the MOBILES24 PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLIES TO ALL USERS OF Mobiles24, WHETHER MEMBER OR VISITOR. EACH TIME YOU USE OR ACCESS Mobiles24 YOU ARE RESPONSIBLE FOR BEING FAMILIAR WITH ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, WHICH MAY OCCUR FROM TIME TO TIME. In the event we modify these Terms of Use, Mobiles24 reserves the right, and at its full discretion and without any obligation, to provide you notice of such changes to any e-mail or postal address you have provided to Mobiles24. If you cannot agree with any of these Terms of Use, please do not use or access Mobiles24.
2. Access to Mobiles24
You 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.
3. Eligibility, Membership and Termination
Eligibility to Use Mobiles24. In order to use Mobiles24 as a member or a visitor you must affirm that (i) you are able to understand and accept these Terms of Use and abide by its terms; (ii) should you decided to register and become a member, all registration information you provide will be accurate and truthful and you agree to timely maintain this information; (iii) you are at least 13 years of age or older; and (iv) if you are not yet at least 18 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 13 years of age, unfortunately you cannot use Mobiles24. Please speak to your parents or guardian about another service that may be appropriate for you.
Your Account and Information. You are entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify Mobiles24 should your password or any of your information be compromised and of any such unauthorized use. Any information provided by you or gathered by Mobiles24 or Third Parties during any use of Mobiles24 shall be subject to the MOBILES24 PRIVACY POLICY.
Termination. Should you violate or breach these Terms of Use, Mobiles24 reserves the right, at its sole discretion and without notice, to suspend or terminate these Terms of Use, your membership, any and all content and information you may have provided and your ability to access any part of Mobiles24. Even after termination of these Terms of Use, provisions 5, 9, 10, 11 and 12 shall remain in effect.
4. Your Conduct
Your 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.
5. Intellectual Property Rights
Intellectual Property Rights. When you provide Submissions to Mobiles24, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions, you grant Mobiles24 (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Use.
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 Policies
Representations 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:
9. Disclaimer Of Warranties
YOU 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 Liability
IN 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.
11. Indemnification
You agree to defend, indemnify and hold harmless Mobiles24, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
Please contact us should you have any questions regarding these Terms Of Use.