UPDATED AS OF January 29th 2009.
1. Your Acceptance of MobiWee’s
D. To use and/or register for the MobiWee Service you must be of legal age to enter into a binding contract with Techstone Soft. If you are under the required legal age, but at least 13 years old, you may use the MobiWee Service (subject to applicable local law), provided that your parent or legal guardian created and registered the account and you are using the account with their permission. Additionally, to use and/or register for the MobiWee Service, you cannot be a person barred from receiving the MobiWee Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service.
E. It is our policy to make MobiWee services free, but only while the MobiWee client is in BETA testing. Afterwards, there will be a small charge for downloading the client.
2. MobiWee Website
3. MobiWee Accounts
A. To access services and features of the MobiWee website, including the MobiWee Service, you will need to create a MobiWee account. You are not allowed to use another person's account without that person’s permission. When creating your MobiWee account, it is important that you provide complete and accurate information. You are solely responsible for all activity that occurs on your personal MobiWee account as well as any activities on your mobile device and computer , and you should take reasonable steps to keep your account password secure. You should immediately notify MobiWee of any breach of security or unauthorized use of your account.
B. MobiWee shall not be liable for any damages resulting from the unauthorized or illegal use of your account.
C. MobiWee or third parties may, however, hold you liable for the damages incurred by MobiWee or third parties resulting from the unauthorized use of your account or your unauthorized use of other MobiWee accounts.
of the Service requires compatible devices, software and internet access. Your
use of the Service may be affected by certain combinations of hardware,
software and/or internet access. Internet access is
required. The Service is available in the following languages: English.
4. General Use of the Website-Permissions and Restrictions
A. You agree that you, your agents, your employees, your successors-in-interest and anyone acting under your control or under the control of the foregoing shall not alter or modify any part of the MobiWee website, including but not limited to User Profiles, the MobiWee "Links content rendering tools," the MobiWee "Images, and services" and other applications or any of its related technologies. Notwithstanding the above, you may draft and modify your own User Content and your User Profile using the normal functionality of the MobiWee website.
B. You agree that you, your agents, your employees, your successors-in-interest and anyone acting under your control or under the control of the foregoing shall not access User Content, User Profiles, or any other MobiWee website content through any technology or means other than the account set-up page, or other explicitly authorized means that MobiWee may designate.
C. You agree that you, your agents, your employees, your successors-in-interest and anyone acting under your control or under the control of the foregoing shall not distribute, in any medium, any part of the MobiWee website, including but not limited to, MobiWee Client, any aspect of the MobiWee Service, and User Profiles other than your own, without MobiWee's prior written authorization.
D. You agree that you, your agents, your employees, your successors-in-interest and anyone acting under your control or under the control of the foregoing shall not use the MobiWee website or its content, including but not limited to any aspect of the MobiWee Service, for any commercial use without the prior written authorization of MobiWee. Prohibited commercial uses include, but are not limited to, any of the following actions taken without MobiWee's express approval: (1) sale of access to the MobiWee website, its content or its services, including but not limited to User Profiles and MobiWee Client, or related services on the MobiWee Website or another website; (2) the sale of advertising, on the MobiWee website or any third-party website that is targeted or specifically relating to a specific MobiWee user, User Content, or other MobiWee content; (3) the use of the MobiWee Website, its content, including but not limited to the MobiWee Service and User Profiles other than your own, or related services for the purpose of gaining advertising or subscription revenue; (4) any use of the MobiWee Website, its content, including but not limited its services and User Profiles other than your own, or related services that MobiWee finds, in its sole discretion, to use MobiWee's resources or User Content with the effect of competing with or displacing the market for the MobiWee Service.
E. If you use any MobiWee services or content in an authorized manner on your website, you must include a prominent link back to the MobiWee website on the website pages containing the MobiWee content; and you may not modify, build upon, or block any portion of the MobiWee content in any way.
F. You understand that when you install the MobiWee client on your Smartphone or mobile device, the client will try to connect to MobiWee website by activating GPRS or any internet connection method on your device. Any charges associated to this action are not the responsibility of MobiWee or TechStone Soft. You understand that you take full responsibility of the usage of the MobiWee Client as well as all MobiWee Services.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the MobiWee website in a manner that sends more request messages to the MobiWee servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MobiWee grants the operators of public search engines permission to use spiders to copy materials from the MobiWee website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MobiWee reserves the right to revoke this exception either generally or in specific cases. You agree not to collect, harvest or use any personally indentifying information, including account names, from the MobiWee website, and you agree not to use the communication systems provided by the MobiWee website (e.g. comments, email, SMS) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the MobiWee website with respect to their User Content.
I. MobiWee reserves the right to discontinue any aspect of the MobiWee Website at any time.
5. User Content and User Conduct
A. "User Content" means any information that may be generated or encountered through use of the MobiWee Service, such as written text, messages, software, data files, music, graphics, images, photographs, sounds, videos and any other similar material. You understand that all such User Content whether publicly posted or privately transmitted on the MobiWee Service is the sole responsibility of the person from whom such User Content originated. You are solely responsible for any User Content that you upload, download, post, email, transmit, store or otherwise make available through your use of the MobiWee Service . You understand that by using the MobiWee Service you may encounter User Content that you may find objectionable or offensive and that you may expose others to User Content that they may find objectionable or offensive. Techstone Soft does not control the User Content posted via the MobiWee Service and it does not guarantee the accuracy or quality of such User Content. Your use of the MobiWee Service and any User Content is at your own risk.
B. You agree that you will NOT use the MobiWee Service to: (1) threaten, harass, stalk or harm another person; (2) make available any User Content that is unlawful, tortious, defamatory, harassing, threatening, abusive, harmful, violent, obscene, invasive of another’s privacy, racially or ethnically offensive, or otherwise objectionable, whether such content is made available by uploading, downloading, posting, emailing, transmitting, storing or other means; (3) if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, phone number, photos, or the names of the minor's school, church, or friends; (4) pretend to be anyone, or any entity, you are not or otherwise misrepresent your affiliation with a person or entity, and Techstone Soft reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity; (5) engage in any copyright or other intellectual property infringement, disclose trade secrets or confidential information in violation of a nondisclosure agreement; (6) plan or engage in any illegal activity using the MobiWee Service (7) forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any User Content transmitted through the MobiWee Service (“spoofing"); (8) post, send, transmit or otherwise make available any unsolicited or unauthorized messages, including advertising, spam, chain letters or announcements; (9) interfere with or disrupt the MobiWee Service (including accessing the MobiWee Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); (10) upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the MobiWee Service or any other computer or mobile device software or hardware;; and/or (11) gather and store personal information on any other users of the MobiWee Service to be used in connection with any of the foregoing prohibited activities.
6. Your Use of Proprietary Content on the MobiWee Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of proprietary content on the MobiWee Website.
A. All content found on the MobiWee Website, except for all User Content information and User Profile information, including without limitation, the software, services, scripts, text, graphics, photos, videos, sounds, music, interactive features and other content ("content") and the trademarks, service marks and logos contained therein ("marks"), are owned by or licensed to MobiWee and TechStone Soft, subject to copyright and other intellectual property rights under the law. Services and content on the MobiWee website is provided to you for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MobiWee and, if applicable, the respective owners of such content.
B. You may access services and proprietary content solely for your information and personal use and only through the normal functionality of the MobiWee website. You agree to not engage in the use, copying, or distribution of any of the services, Profiles other than your own, other than expressly permitted herein, including any use, copying, or distribution of proprietary content of third parties obtained through the MobiWee website for any commercial purposes.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the MobiWee Website or features that prevent or restrict use or copying of any MobiWee website content or enforce limitations on use of the MobiWee website or the content therein.
A. We collect your personal data when you make a purchase, use or register for the use of services provided through the MobiWee Website, enter into a sales promotion or a campaign or otherwise interact with us. Our goal is to collect personal data only with your knowledge or consent. You may visit our websites and you may be able to use some of our products or services without having to tell us who you are. However, certain technical information may be collected as a standard part of your use of the MobiWee website and the MobiWee Service. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the adbanners and other content you viewed, information about your mobile device and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication.
B. When you register for our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you. We may collect demographic information, for example, your age, gender, zip code and language preferences. We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your computer and mobile device and other such information you provide us with. Certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. In accordance with applicable law, we may also obtain some personal data from list-rental companies and other such publicly available sources. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient.
C. MobiWee processes your personal data for the purposes described in this policy and/or any additional service-specific privacy information. Please note that one or more purposes may apply simultaneously.
D. We may use your personal data to fulfill your requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and Techstone Soft, to ensure the functionality and security of our products and services, to identify you and to prevent and investigate fraud and other misuses.
E. With respect to personal data, we use aggregate and statistical data in the development of our products and services.
F. We may be obligated by law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Techstone Soft’s interests in civil, criminal or other legal proceedings.
G. We may disclose personal data to prospective or actual purchasers and their advisers if we decide to sell, buy, merge or otherwise reorganize our businesses.
H. Techstone Soft does not seek to collect any information from or engage in any transactions with persons under the age of 13. We attempt to block the service from any person who is under 13 years of age by asking for the user’s age. However, our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to independently verify the age of the user. We also make reasonable efforts to clear our databases of personal data relating to under age users. We request that minors not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law.
I. We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data. As certain MobiWee products and services may allow you to manage your profile, we encourage you to access your personal data from time to time to ensure that it is correct and up-to-date. You are responsible for providing us with correct details and updating the personal data you have provided to us in the event said information had changed.
J. While there are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe or "hacker" proof, Techstone Soft will use its best efforts to take appropriate technical and organizational information security measures to prevent and minimize such risks, and such measures may include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure. If a particular part of the MobiWee Website supports on-line transactions, we will use an industry standard security measure, such as the one available through "Secure Sockets Layer" ("SSL"), to protect the confidentiality and security of online transactions.
8. Account Termination Policy
B. You may terminate your account and/or stop using the MobiWee Service at any time. To terminate your account contact MobiWee Support at Support@mobiwee.com
C. Upon termination of your account you will lose all access to the MobiWee Services. However, Techstone Soft shall be under no obligation to delete data or data files.
9. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content contained on the MobiWee website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MobiWee's designated Copyright Agent to receive notifications of claimed infringement is: Tareq Samaha email: firstname.lastname@example.org or copyright@MobiWee.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MobiWee customer service through http://www.MobiWee.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8A your DMCA notice may not be valid.
10. Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE MobiWee WEBSITE SHALL BE AT YOUR SOLE RISK. MobiWee and TechStone Soft, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MobiWee MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND IN NO EVENT SHALL MobiWee, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT or SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY FUNCTIONALITY and CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY, SERVICES, CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MobiWee WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. MobiWee DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MobiWee WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MobiWee WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT MobiWee SHALL NOT BE LIABLE FOR USER USAGE OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE MobiWee WEBSITE IS CONTROLLED AND OFFERED BY MobiWee and TECHSTONE SOFT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MobiWee MAKES NO REPRESENTATIONS THAT THE MobiWee WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE MobiWee WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Report to admin@MobiWee.com
For more information about our privacy practices, write to us at:
915 Highland Pointe Dr, Suite 250
Roseville, CA 95678