MOBi Interactive provides its service to you, subject to the following Terms and Conditions ("Terms"), which may be updated from time to time without notice to you. You can review the latest version of the Terms at: www.mobi.co.uk In addition, when using particular MOBi Interactive services, you and MOBi Interactive shall be subject to any rules applicable to such services that may be posted from time to time. All such current rules are hereby incorporated by reference into the Terms
MOBi Interactive provides users with access to the resources, including, various communications tools and personalised content through mobi.co.uk and mobile devices (the "Service"). Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new MOBi Interactive properties, shall be subject to the Terms. MOBi Interactive currently provides users with the ability to forward and receive SMS messages through its system. You understand that for the purposes of the Terms MOBi Interactive does not itself send an SMS message, or cause an SMS message to be sent, merely because MOBi Interactive provides a service that enables SMS messages to be sent. You understand and agree that the Service is provided "as-is" and that MOBi Interactive assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those 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. You will be required to acknowledge that you have read and understand the Terms by registering your acknowledgment through www.mobi.co.uk.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration system (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or MOBi Interactive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOBi Interactive has the right to suspend or terminate your account without refund and refuse any and all current or future use of the Service (or any portion thereof).
If you are under the age of eighteen (18), MOBi Interactive requires you to gain permission to register and use the service from a parent or guardian. Should you be under eighteen (18) and these Terms are wrongfully accepted without a parent or guardians permission, it is taken that the Terms will still apply as would ordinary transactions, freely chose, in ordinary market conditions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MOBi Interactive, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MOBi Interactive does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MOBi Interactive be liable in any way for any Content, including, but not limited to, for 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 posted, transmitted or otherwise made available via the Service.
You must not use the Service, attempt to use the Service or allow the Service to be used in any way:
which results in you or MOBi Interactive breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;
which results, or could result, in damage to property or injury to any person;
to harass, menace or stalk people;
to defame or slander any person, or infringe upon any person's privacy rights;
which harms minors in any way
which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
to send, display or be otherwise involved in material which is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
which is, or which would be considered by a reasonable person to be, offensive or abusive;
to engage in any misleading or deceptive business or marketing practice;
that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
that intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government;
which infringes MOBi Interactive or any other person's rights (including intellectual property rights and moral rights);
"stalk" or otherwise harass any person.
which constitutes a misuse of MOBi Interactive's or any other person's confidential information; or which results in a breach by you of any obligation that you owe to any person
You are not authorised to access MOBi Interactive's computer systems or networks for any purpose other than to use the Service in accordance with these Terms.
interfere with the proper operation of the Service or any other part of MOBi Interactive systems;
use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.
You must not use the Service, attempt to use the Service or allow the Service to be used:
to send, or cause to be sent a commercial electronic message without prior opt-in
to send, or cause to be sent a designated commercial electronic message without prior opt-in.
to engage in eMarketing activity without prior opt-in
in connection with any program (including a virus, Trojan horse, worm, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is MOBi Interactive's or anyone else's);
to access or use MOBi Interactive's or anyone else's systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
to impersonate any person or entity, including, but not limited to, a MOBi Interactive official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, MOBi Interactive, or the relevant electronic account-holder; or
to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder.
You acknowledge that MOBi Interactive
are not required to, but may, screen and filter Content in order to monitor compliance with the Terms.
shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Service
without limiting the foregoing, shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MOBi Interactive or submitted to MOBi Interactive. You acknowledge and agree that MOBi Interactive may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the Terms;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of MOBi Interactive, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
MOBi Interactive does not claim ownership of Content you submit or make available for inclusion on the Service.
You agree to indemnify and hold MOBi Interactive, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that MOBi Interactive may establish general practices and limits concerning use of the Service, including without limitation the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MOBi Interactive has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MOBi Interactive reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MOBi Interactive reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MOBi Interactive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MOBi Interactive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. This includes assigned mobile telephone numbers and keywords.
You agree that MOBi Interactive, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MOBi Interactive believes that you have violated or acted inconsistently within the letter or spirit of the Terms. MOBi Interactive may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice. Further, you agree that MOBi Interactive shall not be liable to you or any third-party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MOBi Interactive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MOBi Interactive has no control over such sites and resources, you acknowledge and agree that MOBi Interactive is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MOBi Interactive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Mobi interactive expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MOBi Interactive makes no warranty that
the service will meet your requirements,
the service will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the service will be accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
any errors in the software will be corrected.
any material obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile telephone or loss of data that results from the download of any such material.
no advice or information, whether oral or written, obtained by you from MOBii interactive or through or from the service shall create any warranty not expressly stated in the terms.
you expressly understand and agree that MOBi interactive shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MOBi interactive has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service; or
any other matter relating to the service.
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MOBi Interactive and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular SMS. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
MOBi Interactive, the MOBi Interactive logo, and other MOBi Interactive logos and product and service names are trademarks of MOBi Interactive (the "MOBi Interactive Marks"). Without MOBi Interactive's prior permission, you agree not to display or use in any manner, the MOBi Interactive Marks.
The Terms constitute the entire agreement between you and MOBi Interactive and govern your use of the Service, superceding any prior agreements between you and MOBi Interactive. You also may be subject to additional Terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and MOBi Interactive shall be governed by the laws of the UK without regard to its conflict of law provisions. You and MOBi Interactive agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. The failure of MOBi Interactive to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any regulation or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.
Any waiver, concession or extra time MOBi Interactive may allow you are limited to the specific circumstances in which it was given. It does not affect MOBi Interactive's rights under this Agreement in any other way.
This Agreement shall constitute the complete and exclusive agreement between you and MOBi Interactive in relation to the Service. While MOBi Interactive reserves the right to modify this Agreement at any time, the Terms and conditions contained in this Agreement may not be modified by you unless both you and an authorised representative of MOBi Interactive execute a separate written agreement.
Any disputes arising as a consequence of this agreement shall be determined in accordance with the English law and the non-exclusive jurisdiction of the English Court.
The ability to receive text messages to your mobile phone is dependent on individual mobile operator agreements and subscriptions.
If you believe any Materials are placed on or are transmitted via the Service are in violation of the Terms or any party's rights, you may notify MOBi Interactive by providing the requested information noted below. MOBi Interactive shall only use such information in accordance with its Privacy Policy and as reasonably necessary to investigate any claims in relation to the allegedly infringing Material:
Complainant's full name and, if applicable, name of complainant's business entity;
Complainant's mailing address, daytime telephone number, facsimile number and email address;
Description or identification of the allegedly infringing Material;
Basis for asserting ownership of or exclusive license to Material;
Please email this information to webmaster@MOBi Interactive.com clearly marked "Infringement Notification".
Any customer information collected about you shall only be disclosed to third parties in accordance with the MOBi Interactive Privacy Policy. For more information, see our full privacy policy at www.mobi.co.uk.
We can be contacted at MOBi Interactive, I Norcotts Kiln, Brill, Bucks HP18 9TJ. Office: 01844 237105