Terms
& Conditions:
1
Acknowledgment & Acceptance By registering and/or
using the MobJab service ("Service"), you agree that you
have read and understand this Agreement ("Agreement") and
that your membership in the Service shall conform to its
terms and conditions ("Terms"). The Service is operated
by MobJab ("MobJab/We") and therefore this Agreement is
between you and MobJab. There is no charge or payment to
be made by you for entering into the Service. We reserve
the right to limit Service registration at any time.
2
Service description We offer you Instant Messaging
and Presence Service IMPS Server. MobJab.com does not have
any responsibility for any consequences of your use of this
free service. The service may be discontinued at any time
without notice.
3
Our Service Privacy Policy We promise to maintain
the privacy of your personal information. The full extent
of our commitment can be found in our Privacy
Statement. By enrolling and using the Service, you agree
to be bound by the terms of the Privacy
Statement.
4
Terms of Participation We reserve the right to limit
certain messages, goods and services to Members aged 18
years or older and/or to decline any application to register
to use the Service, in our sole discretion. Corporations
and other business entities are not eligible for the Service.
Service membership and its right to use is limited to one
individual per Service account and to use one email address
per Member. You agree to provide only true and accurate
information to the Service (including to its advertisers
and partners) at all times. If there are any changes to
the registration information supplied by you, it is your
responsibility to inform us as soon as possible. You agree
to comply with the terms of all the Service and Service
advertiser and partner offers, promotions, and services
at all times. You agree not to abuse Service privileges
by conduct which is detrimental to the interests of MobJab.
5
Member accounts Upon completing the Service's registration
process you will chosen a username and password. You are
responsible for maintaining the confidentiality of your
username and password, and you are fully responsible for
all activities that occur under your password or account.
You agree to immediately notify us of any unauthorized use
of your password or account or any other breach of security.
MobJab cannot and will not be liable for any loss or damage
arising from your failure to comply with this section.
6
Members conduct You agree to only use the Service
in a manner that is consistent with the Terms and in such
a way as to ensure compliance with all applicable laws and
regulations. You shall ensure that your personal profile
is up-to-date and accurate. You agree to promptly notify
us of any change in your address (mail or email) or personal
profile by updating your personal information at www.MobJab.com
(the "Service Web site"). 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.
We
actively monitor IP address's of the connecting MobJab Servers
and store it in our database. If there is any kind of abuse
of MobJab Services, We will work with relevant authorities
to identify abusers.
MobJab
service should not be used to threaten, harass, stalk or
abuse other users. MobJab service should not be used for
any kind of unlawful, illegal, harmful, defamatory, vulgar,
obscene, offensive, objectionable, pornographic manner.
We
do not take responsibility for any opinions expressed by
MobJab Member/User or for any content that may be considered
objectionable.
MobJab
Service should not be used to spam and send any unsolicited
or unauthorized messagse to other users.
Do
not impersonate your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent another
user
Do
not give out any persoanl information like your mobile numbers/contact
numbers/address which can identify you on the MobJab Service
to any user. This information can easily be used for illegal
or harmful purposes.
Any
material that can be found infringing, obscene or illegal
that may give rise to our civil or criminal liability or
which may consititue or be considered a violation of any
local, national or international law will be reported to
revelant authorities.
When
participating in group messaging, respect the topic of the
group and use appropriate language.
7
Termination of Membership At any time either you
or MobJab may terminate your membership immediately with
or without cause. Your right to use your membership immediately
ceases upon termination. Termination of your membership
by you is effective upon you submitting a termination request
through the Service Web site and you receiving a message
from the Service confirming termination. You understand
that, in some cases, you may still receive messages (which
may have been scheduled prior to your termination) after
termination. We shall use reasonable endeavours to stop
such messages as soon as possible. You shall comply with
all laws, rules, and regulations that are applicable to
you. You acknowledge that you may only participate in the
Service if and to the extent that such participation is
permitted by such laws, rules, and regulations. We may refuse
to register you, or to restrict, modify, or terminate your
participation in the Service, without liability to you or
any other party, if you violate any law, rule, or regulation,
or if your participation in the Service could violate any
law, rule, or regulation. We reserve the right to terminate
or disable, at our sole discretion, any Service membership
if we reasonably believe such Member has violated or acted
inconsistently with the rules of the Service or this Agreement.
We reserve the right to cancel or disable any membership
if you have been inactive for a period of 1 consecutive
months. "Inactive" shall be defined as lack of logging on/using
MobJab server acccount. MobJab shall be the sole determiner
in cases of suspected abuse, fraud, or violation of its
rules and any decision it makes relating to termination
of membership shall be final and binding. Should you object
to any of the terms and conditions of this Agreement, or
any subsequent modifications thereto, or become dissatisfied
with the Service, your only recourse is to immediately discontinue
participation in the Service and properly terminate your
membership.
8
Disclaimer of Warranties You expressly agree that
use of the Service is at your sole risk. The Service and
all services offered therein are provided on a strictly
"as is" and "as available" basis. MobJab makes no warranty
with regard to any products, services, or rewards obtained
by you through the Service or through Service advertisers
or partners; that services will meet your requirements;
or that the Service will be uninterrupted, timely, error
free; nor does MobJab make any warranty as to the results
that may be obtained by the use of the Service or as to
the accuracy or reliability of any information obtained
through the Service. We expressly disclaim any and all express
and implied warranties, including, but not limited to, the
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. MobJab shall not be liable
or responsible for those guarantees, warranties, and representations,
if any, offered by Service advertisers, partners, manufacturers
of merchandise, or suppliers of services. No advice or information,
whether oral or written, obtained by you from MobJab or
through the Service shall create any warranty not expressly
made herein. Nothing in this Agreement seeks to exclude
or limit any rights which you might have as a consumer that
may not be limited or excluded nor does it seek to limit
or exclude liability for any death or personal injury which
either party may have resulting from its negligence
9
Limitation of Liability MobJab shall not be liable
for any special indirect, punitive, incidental, special,
or consequencial damages relating to the participation or
inability to participate in the Service. MobJab is not responsible
for damages or losses that result from participating or
inability to participate in the Service, or reliance on
or use of information, services, or merchandise provided
on or through the Service. You acknowledge and agree that
MobJab neither endorses the contents of advertisements or
third parties' web sites, nor assumes responsibility or
liability for the accuracy of material contained therein,
or any infringement of third party intellectual property
rights arising therefrom, or any fraud or other crime facilitated
thereby. MobJab is not responsible and assumes no liability
for changes or discontinuances of service from providers
which may affect offers.
10
Participation in Promotions of Advertisers and Partners
Your correspondence with or participation in promotions
of Service advertisers and partners, 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 the advertiser
or partner. MobJab assumes no liability, obligation, or
responsibility for any part of any such correspondence or
promotion, including without limitation withdrawal or modification
of any offer or promotion.
11
Non-Transferability Your right to use the Service
is non-transferable. Service accounts are not transferable
upon death or otherwise by operation of law.
12
Proprietary Rights to Content You acknowledge that Service
content (including but not limited to text, sound, photographs,
graphics, or other material contained in any Service communication,
advertisements, or messages, whether by MobJab or our advertisers
or partners), Service and software are protected by copyrights,
trademarks, service marks, patents, and/or other proprietary
rights and laws. Member is only permitted to use content,
Service, or software as expressly authorised by MobJab,
its advertisers and partners, as the case may be. Except
as expressly authorized by MobJab or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in
whole or in part.
13
Modifications We reserve the right to revise the
contents of the Service Web site including the Terms and
conditions from time to time. Any such changes will not
constitute an amendment to your Agreement. These terms and
conditions cannot be varied. We reserve the right to modify
or discontinue the Service with or without notice to you.
We shall not be liable to you or any third party should
we exercise our right to modify or discontinue the Service.
14
Notices All notices given by us to you will be given
by email or by general posting on the Service Web site.
15
Indemnification You agree to indemnify and hold us,
our affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim, demand, expense,
or damage, (including legal fees) made by any third party
due to or arising out of, your use of the Service, your
connection to the Service, your violation of the Terms,
content you submit, post to or transmit through the Service
or your violation of any rights of another.
16
Miscellaneous This Agreement will be governed by
and construed and interpreted in accordance with the law.
This Agreement constitutes the complete and exclusive understanding
between us and you relating to the subject matter hereof
and supersedes all prior or contemporaneous understandings,
agreements, communications, and/or advertising with respect
to such subject matter provided that nothing in this Agreement
seeks to limit or exclude any right either party may have
in respect of fraudulent misrepresentation Our failure to
exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing. If any
part of these Terms is unenforceable (including any provision
by which MobJab excludes its liability to the Member), the
enforceability of any other part of these Terms will not
be affected. Please report any violations of the Terms to
MobJab by email to info@MobJab.com.
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