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Terms of Use

TERMS AND CONDITIONS OF USE
Last Updated: February 2005

This site has been developed by mobZilla, LLC.

INTRODUCTION

Our goal at mobZilla is for all our users and subscribers to have an enjoyable experience every time they access our site or use any of our services. With that in mind, mobZilla will always take great care to look after the best interest of our customers, and will consider you our greatest asset. We remind you that you may only use our Website and services for lawful purposes and in a manner that does not interfere with other subscribers, our systems, or our reputation. To assure this, we reserve the right, at any time and without notification, to suspend or terminate your access to our site and services, if we determine in our sole discretion that your conduct or behavior while using our services is deemed to be in violation of our Terms and Conditions of Use or our Privacy Policy. Thank you for taking the time to read this document and we hope you have a pleasant experience using our products and services.

mobZilla and other mobZilla product and service names, slogans and logos referenced in this Website are trademarks or brands of mobZilla and may not be used by other companies or individuals without the written consent of mobZilla, LLC. All other company, product, service, and artist names referenced in this Website are used for identification purposes only and may be trademarks of their respective owners.

1. ACCEPTANCE OF TERMS

Your access to, and use of, www.mobzilla.com and its respective services ("the Website") and its services, whether accessed directly or through third party sites, whether owned by mobZilla or by a third party, to include all information, software, scripting, photos, text, video, graphics, logos, music, sounds, and images found on the Website, (collectively, "Content") is subject exclusively to these Terms and Conditions and is intended for the lawful use of mobZilla customers, employees, and members of the general public. Your use of the Website constitutes acceptance of these terms and conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website and all related products and services.

1.1 You agree to use mobzilla as permitted by these Terms and Conditions of Use and for lawful purposes only. In particular, you agree not to:
(a) use the services to receive, access or transmit material that is obscene, sexually explicit, defamatory, threatening, degrading, racist, in breach of confidence or in breach of third party intellectual property rights (including copyright) or otherwise objectionable or unlawful;
(b) impersonate any person, or entity or misrepresent your affiliation with anyone or entity;
(c) access or attempt to access parts of the services that you are not authorized to access or collect or store other members' usernames, passwords or personal data;
(d) avoid authentication processes or security of the services or interfere with the use of the services by other members;
(e) use the services to gain unauthorized access to other computer systems or interfere with services to other host providers, networks or websites.
(f) reverse engineer or decompile (whether whole or in part) any software used in the services;
(g) use the services to knowingly or recklessly transmit material (including viruses) or otherwise use the services so as to cause harm to the services or other users or bring the services into disrepute; or
(h) intentionally violate any other applicable law or regulation of your territory while using the services.

1.2 You acknowledge that the Content is protected in the U.S and internationally by a variety of laws, including copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws and that:
(a) you are hereby granted permission to access the Content on this Website, solely for your personal, non-commercial use of viewing and browsing through the Website, or ordering or downloading products or services "Content" from the Site.
(b) except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without the prior written permission of mobZilla or the Content owner.
(c) mobZilla reserves the right to change these terms and conditions from time to time using its sole discretion.
(d) any part of these Terms and Conditions of Use may be void where prohibited or restricted by law.

2. ADVICE AND CONSENT

While mobZilla may from time to time publish instructions or ideas, the contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision(s). Furthermore, you agree that mobZilla is not liable or responsible for the nature of the content, that interpretations are subjective, and that mobZilla will not be held liable if you as a user interpret the product, service or content as being libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or public rights, abusive, inflammatory or otherwise harmful or offensive to you or other third parties;

3. CHANGES TO THE WEBSITE OR RELATED SERVICES

mobZilla reserves the right to, without notification:

3.1 change or remove (temporarily or permanently) the Website, or any part of it, without notice and you confirm that mobZilla shall not be liable to you for any such change or removal; and
3.2 change or amend these Terms and Conditions at any time, at our sole discretion, and your continued use of the Website following any changes will be deemed to be your acceptance of such change; and
3.3 change, modify, or cancel any product or service at any time at the sole discretion of the company, and you confirm that mobZilla shall not be liable to you for any such change, modification or cancellation; and
3.4 change, modify or cancel any subscription service, pricing structure or pricing policy, at the sole discretion of the company, and you confirm that mobZilla shall not be liable to you for any such change, modification or cancellation.

4. LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites, to include related products and services, that may be controlled and maintained by others. Any link to or use of third party services does not constitute an endorsement of that third party and you acknowledge and agree that mobZilla is not responsible for the content, conduct, availability, or reliability of their site, products or services.

5. COPYRIGHT

5.1 All copyright, trade mark and other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, logos and all software and source codes connected with the Website) are owned by or licensed to mobZilla, LLC excluding those owned by third party companies, and can not be reproduced, copied and/or used without the express permission of the owners, and then only as permitted by law.
5.2 All third party companies, their names, trademarks, copyrights, logos, and other intellectual and proprietary property, are owned solely by the respective third party company and their use in conjunction with any mobZilla site or service does not constitute endorsement of that third party. Furthermore, it is illegal to copy, use, reformat, or in any way infringe on the proprietary or intellectual property rights of those companies.
5.3 Any queries on copyright infringements should be directed to support@mobzilla.com. Please state the nature of the query and from whom it is made.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The mobZilla Website, products and services are provided on an "AS IS" and "AS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, mobZilla will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 mobZilla makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You agree to use the Website and all our products and services at your own risk, and furthermore to hold mobZilla harmless against any and all actions that could arise from the use of the Website and services.
6.4 You agree mobZilla is not liable for the accuracy, quality, dependability or reliability of any content, messaging, transaction or other product or service related activity accessed or used by you, whether supplied directly by mobZilla or a third party vendor.

7. USE AND PURCHASE OF PRODUCTS AND SERVICES ("CONTENT")

In addition to other terms and conditions as outlined herein, you understand and agree that;

7.1 mobZilla Content is available only to residents in territories specified within the Website.
7.2 To use any mobZilla subscription service you must have a mobZilla account. You can access full-length sound recordings via mobZilla only with a valid user name. If you do not have a mobZilla account, you may browse the subscription services but you will not be able to play or access full-length sound recordings or receive other subscription Content services.
7.3 You can use mobZilla only for your personal, non-commercial use.
7.4 Charges for your initial monthly or annual subscription, and subsequent renewal charges, will be billed automatically without prior notification. You may cancel your subscription at any time.
7.5 mobZilla reserves the right to modify subscription fees and/or services at their sole discretion, to include premium fees for users who exceed certain bandwidth usage levels that may be set from time to time, by posting such notifications within the site and user account areas, or by notifying users by e-mail or SMS, at mobZilla's discretion. Your continued use of the service is acceptance of any changes.
7.6 mobZilla requires a DSL, cable modem, or other high-speed Internet connection to listen to CD quality streams from your PC.
7.7 You must have a data service or plan from your carrier in order to access and listen to the audio service from your mobile phone.
7.8 You must have a compatible phone or other handheld device to access the service from your mobile phone. mobZilla will list compatible handsets at the Website, but is not responsible for ensuring compatibility with your specific handset. Check with your carrier or handset manufacturer to determine compatibility with each service. No refunds will be given to users who access a service with a non-compatible handset. Again, the compatibility list is for your convenience only and it is your responsibility to determine if your handset is compatible.
7.9 mobZilla audio is a streaming only service. Tracks that are saved to your streaming library will be available to you only while your subscription is active. You may not record or permanently store any mobZilla sound recordings to your computer hard drive or other storage device.
7.10 mobZilla subscribers may not share playlists of mobZilla tracks with friends unless specifically granted the right to do so by mobZilla, as during a promotional offer, and then will be required to abide by the terms of limitations of the promotional service.

8. INDEMNITY

You agree to indemnify and hold mobZilla and its employees, agents, directors and other professionally related persons harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against mobZilla or arising out of any breach of these Terms and Conditions or other liabilities arising out of your use of this Website and related products and services.

9. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10. UPDATING THIS POLICY

We will revise and update this Policy if our practices change, as technology and laws change, or as we add new services or change existing ones. Your continued use after any such changes are made signifies your acceptance of the new changes. You should refer back to the Terms and Conditions of Use for the latest information.

11. PRIVACY

mobZilla's collection and use of information about you is subject to mobZilla's Privacy Policy, which you can view at http://www.mobzilla.com/privacy.aspx.

12. SECURITY

12.1 Use of our services include various security frameworks using technology to protect digital information and your use of all services is limited by such framework and the terms of this agreement. You acknowledge that, from time to time, mobZilla may modify, replace and/or discontinue using a given security framework, which may further limit your access to the services. Security modifications made by mobZilla may from time to time include required or automated updates, modifications, patches, and/or reinstallations of products. Any violation or attempt to violate any system or network security components may result in civil or criminal liability.
12.2 Your use of the mobZilla Products and Services may be monitored by mobZilla for compliance purposes.
12.3 mobZilla may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any legal proceeding or claim arising from an asserted illegal action or infringement due to your use of the mobZilla services.

13. CONTACTING US

If you have any questions, comments or concerns about Terms and Conditions of Use, please write to us at: support@mobzilla.com, reference in the subject line, "terms and conditions of use".

14. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, and you hereby submit to the exclusive jurisdiction of the US courts. You further agree that should claims arise that need legal resolution, they will be resolved in the competent court of San Diego County, CA, USA.