TERMS OF USE
By using the Refmob, Inc. website (the "Website"), and using any services that may be made available to you there (collectively, "Services") you agree to comply with and be bound by these terms of use (these "Terms"). You agree and understand that these Terms, the Website, and the Services may be modified by Refmob from time to time without prior notice. Revised Terms will be posted to the Website. Your continued access and use indicates your acceptance of and agreement to be bound by any such modifications.
If you wish to use the Service by becoming a member (“Member”), communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership (“Membership”). In addition, you may not use the Services, or accept the Terms, if (i) you are not of legal age to form a binding contract with Refmob, or (ii) you are prohibited by law from receiving or using the Services. Furthermore, the Refmob Privacy Policy is hereby incorporated by reference into this Agreement.
Eligibility
THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE TWENTY ONE (21) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST TWENTY ONE (21) YEARS OLD. By using the Services, 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. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
Member Account
When you sign up to become a Member and create a Refmob Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. Any information provided by you in connection with your registration must be accurate and complete. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You are solely responsible for any and all use of your Member Account and Member profile. You may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services. You understand and agree that Refmob may refuse to register anyone, and may revoke anyone's registration at any time.
Member Profile
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
Content posted on the services
You understand and agree that Refmob may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Refmob violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Refmob an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Sites ("Prohibited Content"). Refmob reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members or other parties. You may not engage in any automated use of the Services, such as using scripts, bots, or the like, to add friends or send comments or messages. Although Refmob cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Refmob reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any time period to a number which Refmob deems appropriate in its sole discretion.
Member Disputes
Your interactions with other Members in connection with the Services including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Refmob will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Refmob is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
Third Party Content
Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
Release
You hereby release Refmob from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites and/or Members.
Disclaimer
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND Refmob EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND Refmob DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR SATISFYING. Refmob DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
Limitation on liability
Refmob SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Refmob HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Refmob WILL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION.
Electronic communication
The communications between you and Refmob use electronic means, whether you visit the Sites or send us emails, or whether Refmob posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Refmob in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Refmob provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
Indemnity
You agree to indemnify and hold Refmob, 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 Services 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.
Ownership
The Website and Services, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, Refmob does not grant any express or implied rights to use the Website and Services.
General
If any dispute arises regarding Website or the Services, 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 and venue in the state and federal courts in San Francisco, California. These Terms constitute the entire agreement between you and Refmob regarding your use of the Website and the Services. The failure of Refmob to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. These Terms include Refmob's Privacy Policy, which is incorporated herein by reference.
COPYRIGHT/TRADEMARK INFORMATION. Refmob. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
By using the Refmob, Inc. website (the "Website"), and using any services that may be made available to you there (collectively, "Services") you agree to comply with and be bound by these terms of use (these "Terms"). You agree and understand that these Terms, the Website, and the Services may be modified by Refmob from time to time without prior notice. Revised Terms will be posted to the Website. Your continued access and use indicates your acceptance of and agreement to be bound by any such modifications.
If you wish to use the Service by becoming a member (“Member”), communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership (“Membership”). In addition, you may not use the Services, or accept the Terms, if (i) you are not of legal age to form a binding contract with Refmob, or (ii) you are prohibited by law from receiving or using the Services. Furthermore, the Refmob Privacy Policy is hereby incorporated by reference into this Agreement.
Eligibility
THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE TWENTY ONE (21) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST TWENTY ONE (21) YEARS OLD. By using the Services, 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. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
Member Account
When you sign up to become a Member and create a Refmob Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. Any information provided by you in connection with your registration must be accurate and complete. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You are solely responsible for any and all use of your Member Account and Member profile. You may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services. You understand and agree that Refmob may refuse to register anyone, and may revoke anyone's registration at any time.
Member Profile
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
Content posted on the services
You understand and agree that Refmob may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Refmob violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Refmob an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Sites ("Prohibited Content"). Refmob reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
- displays pornographic or sexually explicit material of any kind and in any form;
- provides instructional information about illegal activities such as, but not limited to, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent.
- constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
- otherwise violates the terms of this Agreement or creates liability for Refmob.
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members or other parties. You may not engage in any automated use of the Services, such as using scripts, bots, or the like, to add friends or send comments or messages. Although Refmob cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Refmob reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any time period to a number which Refmob deems appropriate in its sole discretion.
Member Disputes
Your interactions with other Members in connection with the Services including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Refmob will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Refmob is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
Third Party Content
Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
Release
You hereby release Refmob from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites and/or Members.
Disclaimer
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND Refmob EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND Refmob DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR SATISFYING. Refmob DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
Limitation on liability
Refmob SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Refmob HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Refmob WILL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION.
Electronic communication
The communications between you and Refmob use electronic means, whether you visit the Sites or send us emails, or whether Refmob posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Refmob in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Refmob provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
Indemnity
You agree to indemnify and hold Refmob, 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 Services 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.
Ownership
The Website and Services, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, Refmob does not grant any express or implied rights to use the Website and Services.
General
If any dispute arises regarding Website or the Services, 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 and venue in the state and federal courts in San Francisco, California. These Terms constitute the entire agreement between you and Refmob regarding your use of the Website and the Services. The failure of Refmob to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. These Terms include Refmob's Privacy Policy, which is incorporated herein by reference.
COPYRIGHT/TRADEMARK INFORMATION. Refmob. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.