Terms of Use
1. ACCEPTANCE OF TERMS
This website located at www.wimob.com (the "Site") is provided by Wilico Wireless Networking Solutions SA. ("Wimob") subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by Wimob from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You can review the most current version of this Agreement at any time at this page http://www.wimob.com/about/terms.html. You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE.
2. CONDITIONS OF USE
The Site is intended solely for your personal, non-commercial use and may not be used to sell products or services or to drive traffic to your own Internet websites or for other similar purposes without a separate written agreement with Wimob. You are not authorized to "meta-search" the Site.
3. NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS
Wimob encourages you to use discretion when browsing the Internet or using the Site. Wimob makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of (i) any third party content posted on the Site, (ii) hyperlinks to third party Web sites outside of the Site, or (iii) any content posted on third party Web sites. Wimob has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites' content. Your use of any other Web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will Wimob be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available through the Site. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.
4. WIMOB.COM ADVANCED FEATURES
As the Site uses advanced Internet browser techniques and technologies, use of the Site may involve additional security risks to your computer. One technology used to speed up your browsing experience involves retrieval of webpage content in the background while you are using the Site. This technique is similar to you opening multiple pages; as this happens automatically, however, the Site may retrieve webpage content that you did not request, and store it in your browser's cache. As when you open any webpage in your browser, you may be subject to third party code executed by such webpage, including pop-ups, pop-unders, misleading content, adult content, malicious code, and other similar devices. To minimize these risks, you should keep your computer up to date with all operating system and browser updates, and run suitable virus and firewall protection. You understand and agree however, that any use of the Internet involves some risk to your computer and data, and you agree that Wimob shall in no event be responsible for any third party content or code retrieved via the Site (including content retrieved into your browser's cache).
5. ACCEPTABLE AND LAWFUL USE OF SITE
- a. You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Wimob or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Wimob reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.
- b. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Wimob or someone else, or spoof Wimob's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Wimob reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
- c. You agree to not (i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of Wimob; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Site web pages or the content contained herein without the prior express written permission of Wimob.
6. SUBMITTED MATERIALS
6.1 Logos and Graphic Images
- a. You may submit your logo by using the upload tool. You represent and warrant that (i) you are the owner of the logo and/or are authorized by the owner to upload the logo on their behalf; (ii) the logo does not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) the logo does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) the logo is not false or misleading.
- b. By submitting your logo for use on the Site, you grant Wimob a world-wide right to use the logo on or in connection with Wimob's website(s), or to have others do so on Wimob's behalf, all without any payment of royalties or other obligations. Wimob reserves the right to refuse, reject or remove your logo at its discretion at any time. Removal requests for submitted logos may be submitted pursuant to the procedures set forth below.
6.2 Other Submissions
- a. You may submit any comments you may have on our Site and services, or ideas you may have on how to improve them, to info@Wimob.com. You may also have the opportunity to post certain comments, responses, and other materials on or as part of the Wimob Blog. Please note that by submitting or posting any material, or by otherwise posting, uploading, inputting, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. Wimob reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content.
- b. If you do post content or make any Submission, and unless we indicate otherwise, you grant Wimob and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wimob and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You will indemnify Wimob or its affiliates for all claims resulting from content you supply.
7. RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Wimob. This Agreement is between you and Wimob and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that Wimob is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release Wimob, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
8. PRIVACY
Certain information about you may be collected during your use of the Site. Collected information is subject to the Wimob.com Privacy Policy, located at http://www.wimob.com/about/privacy.html, which is incorporated herein by this reference.
9. SYSTEM OUTAGES
Wimob periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Wimob shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
10. NO WARRANTY
WIMOB PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WIMOB SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. WIMOB MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES WIMOB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIMOB SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
11. OTHER LIMITATIONS OF LIABILITY
IN NO EVENT WHATSOEVER SHALL WIMOB, ITS PARENT COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT fROM YOUR USE OF THE SITE. Wimob NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF WIMOB, OUR PARENT COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTSIN ANY EVENT, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wimob, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.
13. INTELLECTUAL PROPERTY
13.1 Generally.
All pages within the Site are the property of Wimob (provided that such pages may contain or link to third party intellectual property).
The Site is protected by Spanish and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Wimob. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Wimob.
13.2 Trademark Notice.
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Wimob or the trademark owner.
14. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT FOR NOTICE
Wimob respects the intellectual property of others and we ask our users to do the same. Wimob has designated an agent to receive notifications of alleged copyright infringement. Wimob has designated the following agent:
Attention: Copyright Agent
Wilico Wireless Networkinks Solutions S.A.
107-119 Almogavers Street
Barcelona 08018, SPAIN
Tel.: +34933008866
Fax: +34934851318
Email: copyrightagent@wimob.com
If you wish to notify Wimob of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by Wimob (whether submitted by you or a third party), you may contact Wimob as set forth above and request that Wimob remove such materials. All such requests must include:
- Contact information for you, including name address, telephone number and/or email address;
- A description of the copyrighted work that you wish to have removed from Wimob's website(s) (the "Material");
- A description of where the Material is located on the Site — for logos, such description should include an image file name and/or URL link associated with the logo
- A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and
- An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.
Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from Wimob's website(s).
15. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of Spain . Any suit relating to this Agreement or the Site shall be brought exclusively in the Courts of Barcelona (Spain) and both parties consent to the jurisdiction thereof.
16. MISCELLANEOUS
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of either party to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce such provision. No delay or failure of either party in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between Wimob and you pertaining to the subject matter hereof. In its sole discretion, Wimob may amend or modify this Agreement or any other documents referenced herein at any time by posting a revised version or versions on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Wimob. Wimob may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
17. NOTICES
Notices to Wimob shall be by email or certified mail, return receipt requested, at: info@Wimob.com or, if by certified mail, Wilico Wireless Networking Solutions SA, 107-119 Almogavers Street, Barcelona 08018, SPAIN. Last Update: January 29, 2008.