Mobijoy Terms of Service Agreement
Terms of Service
Welcome to www.mobijoy.com (the “Site”). This Site is owned, operated, and produced by UAB REMO MEDIA (“Remo Media”), a company organized under the laws of Lithuania. The Site is designed to allow a registered user (a “Member”) to download, create, generate, and access ringtones using the Site’s proprietary technology, and also allow Members to access for download other content such as images, graphics, wallpapers, and screensavers as may be made available on the Site from time to time (collectively, the “Services”). By visiting the Site or by registering as a Member to use the Services, you agree to be bound by the terms and conditions of this agreement (the “Terms of Service” or the “Agreement”). Nothing in this Agreement should be construed to confer any rights to third party beneficiaries.
In this Agreement, "You", "Your", "User" refers to the party utilizing the Services. "We", "Us", "Our" refers to Remo Media.
Acceptance, Registration and Eligibility:
The Terms of Service are legally binding agreement between each Member utilizing the Services or who is a visitor to the Site. You represent that you are of legal age to enter into this Agreement or are at least thirteen (13) years of age. If you are between 13 and 17, you represent that you have received parental permission both to complete the registration process and to download content to your cell phone. By registering as a Member or continuing as a visitor on the Site, you represent and warrant that You have the capacity to understand, agree to and comply with these Terms of Service.
Because the Site contains user-contributed content, You acknowledge that by using the Site and Services, You may be exposed to content that is offensive, questionable or objectionable. Under no circumstances shall Remo Media be liable in any way for the use of such content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content emailed, posted, or otherwise transmitted via the Services.
You must supply accurate, complete, and true registration information to be a (“Member”). During the registration process, You will be asked to pick a username and password and You will be liable for all activities occurring under your username and for ensuring that your password is secure. We reserve the right to refuse to grant You a username that impersonates someone else, is or may be protected by proprietary rights or trademark law, or is offensive, vulgar, or otherwise inappropriate, as determined by Remo Media in its sole discretion. If You do not agree to be bound (or cannot comply with) the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Services. Alternatively, You can deactivate your account in order to prevent future use.
Changes to Terms of Service
We reserve the right to modify or terminate the Services for any reason, and without notice. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly viewing these Terms of Service so that You will be apprised of any changes.
Appropriate Content and Conduct:
The Services are made available for Your non-commercial, personal use only. You may not use the Services for any unauthorized or illegal functions or purposes. International users agree to adhere to all local rules and regulations regarding online comportment and acceptable content, including laws regulating the export of data from your country of residence. You are solely liable for your conduct and any data, information, text, graphics, profiles, photos, audio and video clips, links, software, and other content (“Materials”) that you post, submit, and display on the Site.
At any time We deem it to be appropriate and or required by law, Remo Media reserves the right to remove Materials that according to our review and/or information received from any and all sources, we determine in our sole discretion are fraudulent, unlawful, libelous, obscene, threatening, defamatory, or otherwise objectionable, or violates or infringes or violates any party’s proprietary rights or these Terms of Service.
Examples of such illegal or unauthorized uses include, but are not limited to:
Modifying, translating, adapting, or reverse engineering any portion of the Services or removing any trademark, copyright or other intellectual property rights notices contained in or on the Site;
The use of any site search/retrieval application, spider, or robot, or other device to index or retrieve any portion of the Site or Services;
The gathering of information about other Members (including, but not limited to, usernames and/or email addresses) for unauthorized purposes as defined in these Terms of Service;
The framing or re-formatting of any portion of any web pages that are part of the Site or Services;
The completion of Membership registrations to create Member accounts by bots or any other automated means;
Creating or transmitting unwanted electronic communications such as spam or chain letters to other Members or otherwise interfering with other Member’s authorized enjoyment and usage of the Site or Services;
The submission of Content of any third party without such third party’s written consent;
The submission and/or dissemination of Materials that falsely depict or imply that that such Materials are endorsed or sponsored by Remo Media;
The submission and/or dissemination of Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy, or other proprietary rights of any party;
The transmission and/or dissemination of any viruses, worms, Trojan horses, defects or other items of a destructive nature
The submission of unlawful materials or of Materials that encourage unlawful activity and/or the submission of fraudulent or misleading information.
Term, Fees, and Payments
Remo Media does not charge users for any money for the authorized (as defined herein) use of its Services by Members and for downloading ringtones/wallpapers/videos or other software (as may be applicable). In order to access the Services, Members must sign up for a free account on the Site. Members shall be solely responsible for any and all costs that a Member’s mobile provider may charge for traffic and data services. You should contact your mobile services provider as costs may vary among providers and types of data processed/transmitted (including such variables as a Member’s mobile service plan and the amount of data transferred).
Remo Media is not liable for and does not endorse or support the content of any advertisements that may be present on the Site. Advertisers are responsible for ensuring that material submitted for inclusion on the site complies and is in accordance with all relevant laws. Remo Media is not responsible for any inaccuracy or error in such advertising content.
Proprietary Rights:
Remo Media retains all rights in the Site and Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Remo Media, you shall not modify, copy, publish, distribute, transmit, display, perform, or sell any of Remo Media’s proprietary information.
User Submissions
You shall be solely responsible for files uploaded by You (“Member Submission”) in connection with your use of the Services and the consequences of publishing or posting them. In connection with Member Submissions, you affirm, represent, and/or warrant that:
You have full right and power to enter into and perform under these Terms of Service, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms of Service.
You own or have the necessary licenses, rights, consents, and permissions to use and authorize Remo Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of Member Submissions in the manner contemplated by Remo Media and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable person to enable inclusion.
Additionally, You represent and agree that Remo Media, in its sole and absolute discretion, may disable your uploading or posting privileges and/or terminate Your account. Notwithstanding, You shall remain responsible for such Materials that comprise Your Member Submission(s) and acknowledge, affirm, and agree that You shall indemnify and hold harmless www.remowebsite.com from any and all damages or losses (including attorneys’ fees) resulting from your posting of such Material.
By submitting the Member Submissions on the Site, you hereby grant Remo Media a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, display, distribute, perform derivative works of, and perform the Member Submissions in connection with the Services Remo Media’s (and its successor’s) business, including without limitation for redistributing and promoting part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each Member of the Site a non-exclusive license to access your Member Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Member Submissions as permitted through the Services and functionality of Site in accordance with these Terms of Service. The foregoing license granted by you terminates once you remove or delete a Member Submission from the Site.
In connection with Member Submissions, you further agree that you will not:
Publish misrepresentations, falsehoods, or libelous Content that could damage Remo Media or any third party;
Submit material that is unlawful, defamatory, obscene, threatening, pornographic, libelous, hateful, harassing, ethnically or racially offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or statue, or is otherwise inappropriate;
Post advertisements or solicitations of business;
Impersonate another individual person or business.
Remo Media does not endorse any Member Submission or any recommendation, opinion, or advice expressed therein and Remo Media expressly disclaims any and all liability in connection with User Submissions. Remo Media does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Remo Media will remove all Content and Materials and Member Submissions if properly notified that such Content, Materials, or User Submissions infringes on another’s intellectual property rights. Remo Media reserves the right to remove Materials and Member Submissions without prior notice. Remo Media may terminate a Member’s account if they are determined to be a repeat infringer. A repeat infringer is a Member who has been previously notified of infringing activity more than once and/or has had a Member Submission removed from the website more than once. Remo Media reserves the right to decide whether Materials or Member Submission is appropriate and complies with these Terms of Service for violations other than violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length.
Reporting Claims of Intellectual Property Infringement:
Remo Media is committed to protecting the intellectual property of third parties.
The link below will direct you to our DMCA Notice Page. On this page, copyright holders will find information on how to report intellectual property and copyright infringements by Members posting and uploading Materials and Member Submissions on the Site. Members concerned about the removal of their Materials or Member Submissions may also file a counter-notice. For more information and to file a DMCA Takedown Notice of Counter-Notice, please click here.
Privacy Policy:
Our collection and use of personal information is governed by our Privacy Policy. To view our privacy policy, please click here.
Disclaimer of Warranties
Remo Media disclaims any responsibility or liability for the content, accuracy, completeness, reliability, legality, operability or availability of any information, Materials, Member Submissions or the Services displayed or available on the Site.
FURTHERMORE, THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. REMO MEDIA EXPRESSLY DISCPLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT PRORIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to indemnify and hold harmless Remo Media from and against any third party claim arising from or in any way related to your use of the Site and Services, including, but not limited to, any liability or expense arising from all losses, claims, suits, damages (actual and consequential), judgments, litigation costs and attorney’s fees, of every kind and nature.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL REMO MEDIA BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SERVICES WHETHER OR NOT REMO MEDIA HAS BEEN ADVISED OR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (i) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES) AND (ii) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Termination:
These Terms of Service apply to your use of the Site and Services. At any time, you can terminate your Member account which will remove your profile and other personal information from view. You also agree that Remo Media, in its sole discretion, with or without prior notice, may freeze or terminate you user name, password, or use of the Materials or Services for any reason, including, without limitation, if Remo Media believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Remo Media may also in its sole discretion and at any time modify or discontinue providing any part of the Site or Services with or without notice. Further, You agree that Remo Media shall not be liable to You or any third-party for any interference with or termination of Your access to the Site or Services. Our disclaimer of warranties, proprietary rights, indemnities, limitations of liability and all other provisions contained herein shall survive any termination of Your membership.
Notices
Remo Media may provide you with notices regarding the Site or Services or these Terms of Service by postings to this Site or by email. You may contact Remo Media by email at info@mobijoy.com or by mail at UAB “Remo Media”, Kalvariju 2 str., Vilnius, Lithuania
Entire Agreement
These Terms of Service encompass the entire agreement between You and Remo Media with respect to the subject matter thereof and supersedes and replaces any and all prior or contemporaneous understandings, or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party shall be effective only if in writing and signed by a party.