1. Acceptance of These Terms of Use

    The Mobicious.com website (collectively, including all content (“Content”) available through the Mobicious.com and mtagd.com domain name, the "Mobicious Site", or "Site") is owned and operated by Mobicious, Inc. (“Mobicious” or “Us”). BY USING AND/OR VISITING THIS SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF MOBICIOUS' PRIVACY NOTICE, WHICH IS INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLY TO ALL USERS OF MOBICIOUS, WHETHER MEMBER OR VISITOR. EACH TIME YOU USE OR ACCESS MOBICIOUS, THE CURRENT VERSION OF THESE TERMS OF USE APPLIES, AND YOU ARE RESPONSIBLE FOR BEING FAMILIAR WITH ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, WHICH MAY OCCUR FROM TIME TO TIME. If you do not agree to any of these terms, then please do not use the Mobicious Site.

  2. Mobicious Site

    These Terms of Use apply to all users of the Mobicious Site, including users who are also contributors of content, information, and other materials or services on the Site. The Mobicious Site contains links to third-party websites that are not owned or controlled by Mobicious. Mobicious has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Mobicious will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Mobicious from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Mobicious Site and to read the terms and conditions and privacy policy of each other website that you visit.

  3. Site Access

    A. Mobicious hereby grants you permission to use the Site as set forth in these Terms of Use, provided that: (i) your use of the Site and the Content as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Mobicious' prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

    B. In order to access some features of the Site, you will have to create an account. You must submit a valid email address and select a password and user name during the registration process. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mobicious immediately of any breach of security or unauthorized use of your account. Although Mobicious will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mobicious or others due to such unauthorized use. [You understand that Mobicious will use aggregated data collected from you and other users for statistical and analytical reporting purposes.] Mobicious reserves the right to refuse use of the Site to any user.

    C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Mobicious servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Mobicious grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mobicious reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use the Site or its Content for any commercial use, nor to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

  4. Your Conduct

    Your Responsibility for Your Conduct. You alone are responsible for your conduct on the Site and for all the Content you provide to the Site. Content includes text, graphics, images, audio, video, digital files, software, data compilations, or other works of authorship in any form, medium or technology now known or later developed ('Submissions'). Mobicious does not endorse any Submissions that may appear on or through the Site and makes no warranties, express or implied, as to their accuracy and reliability. Mobicious expressly disclaims any and all liability in connection with any and all Submissions.

    Your Responsibility for Your Safety. If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on the Site, communicate with other members of the Mobicious community or otherwise access services provided by Mobicious. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on the Site, communicate with other members of the Mobicious community, or otherwise access services provided by Mobicious.

    Member Disputes. You are solely responsible for your interactions with other Mobicious members. Mobicious reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Mobicious, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.

  5. User Submissions

    All Submissions will be considered non-confidential and Mobicious is under no obligation to treat Submissions as proprietary information. Without limiting the foregoing, Mobicious reserves the right to use Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Mobicious is under no obligation to offer you any payment for Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Mobicious. Mobicious shall have no duty to attribute authorship of Submissions to you, and shall not be obligated to enforce any form of attribution by third parties. If you post Submissions on the Site, and unless we indicate otherwise, you grant Mobicious a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Submissions. You grant Mobicious the right to use the name that you submit in connection with such Submissions, if we choose.

    Representations About Submissions. When you provide any Submissions to Mobicious, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you: own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Mobicious to make use of these Submissions in the manner contemplated by the Service and these Terms of Use; that the content of each Submission is accurate; that use of the Submission you supply does not violate these Terms of Use and will not cause injury to any person or entity. You also warrant that the holder of any rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such Submissions for personal use.

    You understand and agree that Mobicious may review from time to time and delete any content in any Submissions that violates these Terms of Use or which might be offensive, illegal, or harm the safety of or violate the rights of other members and visitors to the Site. You acknowledge that Mobicious may preserve your Submissions and may also disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the content of any Submission violates the rights of third parties.

    Mobicious requires that any information posted by you regarding a company, person, or other entity is truthful and factual. Companies and individuals are protected by law from false claims against them. Negative comments and complaints posted by you could be construed as claims about a company or an individual and may be subject to libel laws. Please verify that all information submitted is accurate and factual.

    Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio, data compilations or other works of authorship or website links that direct users to content that:

    • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, fraudulent, defamatory, invasive of privacy or otherwise objectionable
    • Displays pornographic or sexually explicit material of any kind
    • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
    • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, chain letters, etc.
    • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
    • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Site
    • Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engages in commercial activity such as contests, sweepstakes, etc. without Mobicious’ prior consen
    • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
    • Has misleading email addresses or other manipulated identifiers to disguise its origin.

    If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to contact@mobicious.com.

  6. Intellectual Property Rights

    Intellectual Property Rights. When you provide Submissions to Mobicious, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions, you grant Mobicious (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive, fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works throughout the world in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Site and under these Terms of Use.

    Other than Submissions you provide to Mobicious, all content, software, scripts, images, graphics, audio, video, data compilations, other works of authorship and other materials, including the compilation of all content on the Site, in any form (collectively "Mobicious Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to Mobicious, subject to intellectual property rights under United States and international laws and conventions. Mobicious grants you a limited license to access and make personal use of the Site and not to download or modify it, or any portion of it, express with our express written consent. You understand and agree that all Mobicious Content is for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Mobicious or respective owners. Mobicious reserves all rights not expressly granted to you. If you download, print or display any Mobicious Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Mobicious name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Mobicious. Further, you may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Site.

  7. Violations of Intellectual Property Rights and Terms of Use

    Provided proper notification, Mobicious will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Mobicious assumes no responsibility for monitoring the Site. In the event it chooses to do so at its discretion, Mobicious assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, Mobicious may remove any Submission and/or terminate a member’s account for violating any of these Terms of Use at any time and without notice. Mobicious will terminate a member’s account who is determined to have been notified of infringing activity more than twice and/or has had a Submission removed from the Service more than twice for infringing activity. Mobicious reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of the Terms of Use.

  8. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE MOBICIOUS SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT YOU DOWNLOAD FROM THE SITE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBICIOUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBICIOUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBICIOUS SITE. MOBICIOUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBICIOUS SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBICIOUS 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS A PROVIDER OF INTERACTIVE SERVICES, MOBICIOUS IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA.

  9. Limitation of Liability

    IN NO EVENT SHALL MOBICIOUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBICIOUS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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.

    YOU SPECIFICALLY ACKNOWLEDGE THAT MOBICIOUS SHALL NOT BE LIABLE FOR USER 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 Site is controlled and offered by Mobicious from its facilities in the United States of America. Mobicious makes no representations that the Mobicious Site is appropriate or available for use in other locations. Those who access or use the Mobicious Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  10. Indemnity

    You agree to defend, indemnify and hold harmless Mobicious, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mobicious Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Mobicious Site.

  11. Ability to Accept Terms of Use

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13.

  12. Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mobicious without restriction.

  13. General

    Mobicious.com reserves the right to change the terms, conditions and notices under which this Site is offered. Mobicious may modify or discontinue the Site at any time without notice to you and without any liability to you or any other party. Mobicious.com provides information on, accepts advertising from, and provides links to third-party vendors. Offers from these vendors that may be mentioned on the Site are often subject to change at any time, and may have many additional restrictions and limitations. Users of Mobicious’ content agree to confirm all aspects of third-party offers with the offering party, and to hold Mobicious.com harmless for any circumstances that may arise from interactions with a third party.

    These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to the conflicts of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the Superior Court of Suffolk County, Massachusetts, and the United States District Court of the District Court of Massachusetts, in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

    If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

    These Terms of Use constitute the entire agreement between you and Mobicious.com with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mobicious with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any notice required or given to you under these Terms of Use may be delivered by electronic mail at the email address provided by you during registration.

    Any rights not expressly granted herein are reserved.