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Terms and Conditions
About Terms
Welcome to FragMob. By using FragMob.com
web site (the "Web site") you agree to be bound by these Terms of Use
(this "Agreement").
If you wish to become a Member and communicate with other Members and make
use of
FragMob.com service (the "Service"), read these Terms of Use and indicate
your
acceptance of them by following the instructions on the registration page.
This
Agreement sets out the legally binding terms of your use of the Web site
and your
membership in the Service and may be modified by FragMob at any time
and without prior notice, such modifications to be effective upon posting
by FragMob
on the Web site. This Agreement includes FragMob's acceptable use policy for
content posted on the web site, FragMob's Privacy Policy, and any notices
regarding
the Web site.
Eligibility Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Term This Agreement will remain in full force and effect while you use the Web site and/or are a Member. FragMob may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect Non Commercial Use Policy Commercial use of the services of this website are reserved for paid commercial members unless otherwise specified in writing by FragMob LLC. Individual members may not use this web site in connection with any commercial or marketing endeavors unless specified by FragMob, LLC in writing. Illegal and/or unauthorized uses of the Web site, including collecting email addresses or other contact information of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Proprietary Rights in Content on FragMob FragMob owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of FragMob, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Content Posted on the Site You understand and agree that FragMob may review and delete any content, videos, photos or profiles (collectively "Content") that in the sole judgment of FragMob violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. Your profile must describe you, or an entity that you legally represent. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate objects, fictional character, business, or real individual who is not you. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. By posting Content to any public area of FragMob, you automatically grant, and you represent and warrant that you have the right to grant, to FragMob an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. FragMob reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Even though such use is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure. You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other members. Although FragMob cannot monitor the conduct of its members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior consent. Copyright Policy You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written 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 authorized to act on the copyright owner's behalf. FragMob can be reached in the "contact us" section. Member Disputes You are solely responsible for your interactions with other FragMob Members. FragMob reserves the right, but has no obligation, to monitor disputes between you and other Members. Privacy Use of the Web site and/or the Service is also governed by our Privacy Policy. Disclaimers Please contact us with any questions regarding this agreement. Limitation on Liability Except in jurisdictions where such provisions are restricted, in no event will FragMob be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FragMob has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FragMob's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FragMob for the Service during the term of membership. Disputes If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles Marina Del Rey. Indemnity You agree to indemnify and hold FragMob, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." No Agency There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FragMob and any User of the Service. Other This Agreement, accepted upon use of the web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FragMob regarding the use of the Web site and/or the Service. The failure of FragMob to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Questions Please contact us with any questions regarding this agreement. |
