Terms of Use
THIS IS A LEGAL AGREEMENT BETWEEN "YOU" (INCLUDING BUT NOT LIMITED TO ANY VISITOR, USER, SUBSCRIBER, FREE TRIAL USER, OR PURCHASER OF ANY MOBOVIVO SERVICE WHETHER OR NOT REQUIRING PAYMENT OF A FEE) AND MOBOVIVO, INC., AN ALBERTA CORPORATION, ("MOBOVIVO") STATING THE TERMS THAT GOVERN YOUR USE OF THE MOBOVIVO WEBSITE (THE "WEBSITE"). THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MOBOVIVO'S RULES AND POLICIES, INCLUDING THE MOBOVIVO PRIVACY POLICY, ALL AS AMENDED - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND MOBOVIVO. THIS IS A LEGALLY-BINDING CONTRACT BETWEEN YOU AND MOBOVIVO THAT GRANTS YOU A LIMITED LICENSE TO ACCESS THE WEBSITE, AND TO USE THE MEDIA DOWNLOADS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MOBOVIVO MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. IN ADDITION, WHEN USING PARTICULAR SERVICES, YOU MAY BE SUBJECT TO GUIDELINES OR RULES OR ADDITIONAL TERMS (WHICH MAY BE POSTED FROM TIME TO TIME) APPLICABLE TO SUCH SERVICES AND WHICH ARE INCORPORATED BY REFERENCE INTO THE TERMS OF USE. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THE TERMS OF USE. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO MOBOVIVO TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT OR THE SERVICES OFFERED THROUGH THIS WEBSITE.
AS USED HEREIN, "SERVICES" INCLUDES ANY VERSION OR TYPE OF THE MOBOVIVO SERVICES AS WELL AS MULTIMEDIA DOWNLOADS OR OTHER SERVICES PROVIDED BY MOBOVIVO, ACCESSED THROUGH THE INTERNET AND VARIOUS MEDIUMS OR DEVICES NOW KNOWN OR HEREAFTER DEVELOPED. YOU UNDERSTAND AND AGREE THAT THE SERVICES MAY INCLUDE ADVERTISEMENTS AND THAT THESE ADVERTISEMENTS ARE NECESSARY FOR MOBOVIVO TO PROVIDE THE SERVICES.
The use of the Website is subject to this Agreement. By accessing this Website, you accept and agree to be bound by this Agreement. If you do not wish to abide by these terms and conditions, please leave the Website now and do not access or use this Website in the future, unless you assume the obligations outlined below.
1. COPYRIGHT NOTICE
This Website was created by Mobovivo. "Mobovivo", the Mobovivo logo, and "Rapid Repurposing Technology - RRT" are trademarks of Mobovivo. All trade marks, trade names, company names, slogans, logos, and any other copyright items which can be seen on the Website pages in various contexts are the property of their respective owners. You have no right to copy, distribute or otherwise use them without the prior written consent of the owners. Any use of any trademarks appearing on the Website without the express written consent of the owner of the trademark is strictly prohibited. This Website is copyright 2006 Mobovivo Inc. All rights reserved. Any use other than as permitted by these Terms of use, change or duplication of this Website, in whole or in part, without the prior written permission of Mobovivo is strictly forbidden.
2. INTELLECTUAL PROPERTY RIGHTS AND PERMITTED USES
Only you may access the Services using your user name and password. The Services available through the Website are the property of Mobovivo or its licensors and are protected by copyright and other intellectual property laws. The Services may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, distribute, disseminate, sell, rent, broadcast or circulate any content received through any Service to any third party, (ii) exploit any such content for commercial purposes without the express prior written consent of Mobovivo, or (iii) share your password with any third party. You may not make any unauthorized copies of any content obtained through the Services. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless Mobovivo for your failure to comply with this section, and these Terms of Use generally. Mobovivo and its licensors retain exclusive ownership of the Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. Mobovivo reserves all rights not expressly granted hereunder. You shall promptly notify Mobovivo in writing upon your discovery of any unauthorized use or infringement of the Services or their contents or any patent, copyright, trade secret, trademarks or other intellectual property rights of Mobovivo or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions. Mobovivo expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such law. Certain content on the Website may not be available to you due to third-party license restrictions pertaining thereto. You understand that the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Mobovivo and/or licensors or content providers who provide content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Services, or forming a part of these Terms of Use. In addition, you may not reverse engineer, transcode, decompile, translate, adapt, modify, disassemble or otherwise tamper with any media downloaded from the Website, or circumvent any technology designed to enforce these limitations on use (existing or contemplated). Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited. All rights not expressly granted to you in these Terms of Use are reserved to Mobovivo and/or its licensors.
4. USER REGISTRATION
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You may only open an account for yourself, and not for any other person. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mobovivo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mobovivo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), whether paid or not. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the Website cannot be guaranteed. During Mobovivo registration, you will select a password and user login Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Mobovivo of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. You agree to notify Mobovivo immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Mobovivo, its third party licensors, or by any other user of or visitor to the Website due to someone else using your Registration Data. No person may use anyone else's unique Registration Data at any time. Mobovivo will not be liable for any loss or damage arising from your failure to comply with this Section. In compliance with its Privacy Policy, Mobovivo is entitled to collect and analyze data relating to your Registration Data and your use of the Website. You acknowledge and expressly consent to Mobovivo accessing, preserving, and disclosing your Registration Data if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any content on the Website violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mobovivo, its users and the public.
5. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
Mobovivo will make reasonable efforts to keep your account and the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour. Mobovivo also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service(s) with or without notice. Due to contractual or other limitations, from time to time, some video downloads may no longer be available. Mobovivo reserves the right to change remove content from availability as multimedia downloads at any time and for any reason. Mobovivo shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. You understand and agree that the Services are provided "AS-IS" and that Mobovivo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
6. ACCESS TO MOBOVIVO
You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider, cellphone, or other airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Special product or service offerings and promotions displayed on the Website are considered no longer valid once they are removed from the Website. Additionally, all offerings, discounts, coupons, and promotions are subject to change or cancellation at any time without notice.
7. GIFT CARDS AND CERTIFICATES
If you have purchased or hold a gift certificate, gift card, or prepaid card of any type (a "Card") valid for Mobovivo Services or products, please review all terms and conditions and minimum system requirements provided with the Card and/or posted online. Promotional cards and coupons for Mobovivo services or products are subject to expiry as indicated in their applicable terms. Follow the instructions you have received with your Card to enjoy your Mobovivo Services or products. For assistance redeeming your Card, contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
8. COMMUNICATIONS
You understand and agree that the Services may include certain communications from Mobovivo, such as service announcements, promotional emails, and administrative messages that are considered part of the membership in the Website, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Mobovivo properties, are subject to the Terms of Use.
9. REFUND POLICY
THERE ARE NO REFUNDS ONCE A VIDEO DOWNLOAD IS PURCHASED. When you click the "Buy Now" button or make a purchase in any other manner, your video purchase is charged to the credit card number you provide to our unrelated third-party payment services provider, InternetSecure Inc. On occasion, technical problems may delay or prevent delivery of the Services, such as purchased video downloads or other materials, to you. Your sole remedy with respect to video downloads or other materials that are not delivered will be either replacement of such products or refund of the price paid for such content, at Mobovivo's sole discretion, Mobovivo will arrange refund through InternetSecure Inc., if appropriate. You agree that you, and not Mobovivo, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties.
10. INDEMNIFICATION
You agree to indemnify and hold Mobovivo and its parents, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including attorneys' fees on a solicitor and own client basis, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
11. GOVERNING LAW
This Agreement shall be governed by the laws of the Province of Alberta, Canada, without regard to or application of any choice of law or conflict of laws provisions. You consent and attorn to the personal and exclusive jurisdiction of the provincial and federal courts sitting in Calgary, Alberta. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Irrespective of the global nature of the Internet or any rules of jurisdiction other than under the laws of the Province of Alberta, no legal action of any type may be brought against Mobovivo in any jurisdiction other than the Province of Alberta, and Mobovivo expressly disclaims any such unauthorized actions. You agree to submit to the exclusive jurisdiction and venue of Alberta courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, THE LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT.
12. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES
Certain content, products, and services available via the Service may include materials from third parties. In addition, Mobovivo may provide links to certain third party websites. You acknowledge and agree that Mobovivo is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Mobovivo does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Mobovivo is not in any way responsible for any such use by you.
13. PAYMENT
The Services provided by Mobovivo are not free-of-charge. Users pay for Services before the Services are provided (prepayment) in accordance with the rules and tariffs set by Mobovivo. You are expected to pay for all Services in full. Mobovivo agrees not to introduce retrospective changes to the payment rules and not to make any additional charges not mentioned in the rules. At the same time, Mobovivo reserves the right at any time to introduce changes to the Service payment rules and change tariffs on an occasional basis. When you pay for a Service, Mobovivo reserves the right to request additional information regarding the details of the financial transaction necessary to verify the identity of the payer. This additional security measure is taken for your benefit, despite its seeming inconvenience.
14. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Mobovivo and its affiliates in order to provide the Services to you. Your Registration Data and information associated with your account is the property of Mobovivo, and is not your personal information.
15. GENERAL
No delay or failure to take action under this Agreement shall constitute any waiver by Mobovivo of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Mobovivo arising out of or related to use of the Service or related to the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. Mobovivo may add to, change or remove any part of these Terms of Use at any time, without notice, and continued access to the Website or use of the Services constitutes unqualified acceptance of same.
REVISED May 21, 2006.
