Terms of Service
This Terms of Use and Service Agreement (this “Agreement”) is made as of this day, by and between Girls Gone MobileTM (the “Company”), and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet websites owned and operated by the Company and its affiliates, including, but not limited to, the website located at URL http://www.girls-gone-mobile.com , as well as your use of the Service (as defined below). By visiting, using and/or submitting information to www.girls-gone-mobile.com, you agree to be bound by the terms and conditions of this Agreement and the Company’s Privacy Policy (the Privacy Policy), including any changes or revisions to this Agreement, and the Company’s Privacy Policy, which the Company, in its sole discretion, may make in the future. If you do not agree with the terms and conditions of this Agreement and the Company’s Privacy Policy, you are not authorized to access or use www.girls-gone-mobile.com.
Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, the Company may monitor your access and use of www.girls-gone-mobile.com in accordance with the Company’s Privacy Policy.
Service
Subject to the terms of this Agreement, the Privacy Policy, as set forth below, the Company may allow you to purchase content. You acknowledge and agree that the Service is for your personal use. You shall not create derivative works of or make commercial use of the Service in any manner. You shall not, and you shall not attempt to or otherwise authorize, encourage or support others’ attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service in any manner.
Your Access and Use of www.girls-gone-mobile.com
Your right to access and use www.girls-gone-mobile.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.girls-gone-mobile.com for lawful purposes and pursuant to the terms and conditions of this Agreement and the Company’s Privacy Policy.
Your access and use of www.girls-gone-mobile.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.girls-gone-mobile.com or other actions that the Company, in its sole discretion, may elect to take. The Company reserves the right to suspend or discontinue the availability of www.girls-gone-mobile.com and/or any portion or feature of www.girls-gone-mobile.com at any time in its sole discretion and without prior notice. Any action by you that, in the Company's sole discretion: (i) violates the terms and conditions of this Agreement and/or the Company’s Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.girls-gone-mobile.com or any Service; or (iii) through the use of www.girls-gone-mobile.com or any Service, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.girls-gone-mobile.com and the Service. You shall not metatag, provide links to or frame www.girls-gone-mobile.com without the prior express written permission of the Company.
Purchasing Content
Access to the Service. There are various requirements that you must meet before the Company will provide you with any Service. At a minimum:
• You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which the Company makes the Service available.
• You shall pay all service and other fees associated with such mobile communications access.
• You shall provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in the Company’s sole discretion, in connection with the Service.
• You do not have to register on www.girls-gone-mobile.com to purchase content. When you enter your phone number and press Send to get the content you will be taken to wap.girls-gone-mobile.com. You will be asked if you want to Buy Now or Sign Up for a Monthly Subscription of 4 downloads at $7.99. After you purchase content on www.girls-gone-mobile.com, you shall receive a message on your phone thanking you for your purchase. If the Company believes that your Payment Data is untrue, inaccurate or incomplete, the Company reserves the right to suspend or terminate any Service then being provided to you, and refuse to provide you with any future use of the Service (or any portion thereof). You acknowledge and agree that the Company may rely on the Registration Data to send you important information and notices regarding the Services, as further set forth in the Privacy Policy. The Company shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. Neither the Company, nor any of its third party providers, shall be responsible for verifying your Registration Data.
Downloads
Any content you download on www.girls-gone-mobile.com as part of any Service (the “Downloads”) are owned by the Company, its affiliates or licensors and are protected by intellectual property laws. If you are registered for Services allowing you to create and download your Content, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Downloads and the related Service on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Downloads or the related Service except as expressly provided for in this Agreement, Transmissions and Submissions to www.girls-gone-mobile.com.You represent and warrant to the Company that you own all of the rights in and for, or that you have a valid license to transmit and submit information to www.girls-gone-mobile.com, any and all information that you transmit and submit to www.girls-gone-mobile.com. If you transmit and submit information to www.girls-gone-mobile.com that is not Federally trademarked and/or copyrighted, you automatically grant the Company and its affiliates the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from the Company to transmit and submit information to www.girls-gone-mobile.com that is Federally trademarked and/or copyrighted, you automatically grant the Company and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation the Content. You shall not transmit and submit the following to www.girls-gone-mobile.com:
• Information that infringes the Company’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to the Company or third parties or that infringes on the Company’s or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from the Company; or
• Federally Trademarked and/or Copyrighted information without written permission from the Company.
The Company reserved the right (but not the obligation), to regularly review your transmissions or submissions and at its sole discretion and at any time, will edit, refuse to post or remove your transmissions or submissions. Pursuant to the Company’s Privacy Policy, the Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
The Company's Intellectual Property Rights
The name “Girls Gone MobileTM,”, and the Company’s graphics, logos, page headers, button icons, scripts and service names are copyrights, service marks, trademarks and/or trade dress of the Company or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”). The Proprietary Marks may not be used by you without the prior express written permission of the Company, which permission may be withheld in the Company's sole discretion. The Company makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.girls-gone-mobile.com. Any third-party names, trademarks, and service marks are property of their respective owners. The proprietary information, data, software, Services, Downloads, and content viewable on, contained in, or downloadable from, www.girls-gone-mobile.com and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or practice in connection with any Service (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, the Company or its Content or Collective Work suppliers. The Company also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on www.girls-gone-mobile.com (the “Software”) is the property of the Company or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software. You shall be solely responsible for any damage resulting from your infringement of the Company's or any third party's intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by the Company or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Without the prior written consent of the Company, you may only download or otherwise use the Content and the Collective Work in the form of one machine-readable copy; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of the Company, which permission may be withheld in the Company's sole discretion.
Access and Interference
www.girls-gone-mobile.com contains robot exclusion headers. Much of the information on www.girls-gone-mobile.com is updated on a real time basis and is proprietary or is licensed to the Company by the Company’s users or third parties. You agree that you will not use any robot, spider, scraper, deep link or other similar automated device, program, algorithm or methodology to access, acquire, copy or monitor www.girls-gone-mobile.com or any portion of www.girls-gone-mobile.com or for any other purpose, without the Company’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in the Company’s sole discretion an unreasonable or disproportionately large load on the Company’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from www.girls-gone-mobile.com without the prior written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of www.girls-gone-mobile.com or any activities conducted on www.girls-gone-mobile.com; or (iv) bypass the Company’s robot exclusion headers or other measures the Company may use to prevent or restrict access to www.girls-gone-mobile.com.
Electronic Communications
When you visit www.girls-gone-mobile.com or send email to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibilities and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.girls-gone-mobile.com and the Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.girls-gone-mobile.com and the Services. You shall ensure that your equipment and/or software necessary to access and use www.girls-gone-mobile.com and the Services do not disturb or interfere with the Company’s operations or the Service. The Company reserves the right to immediately disconnect from the Service any equipment or software causing interference with the Company, the Service and/or www.girls-gone-mobile.com, with no notice to you. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by the Company, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. The Company shall not be responsible for any interference or damage caused to your equipment and/or software as a result of your use of www.girls-gone-mobile.com or the Services.
Third Party Links, Products and Services
There may be provided on www.girls-gone-mobile.com links to other websites belonging to the Company’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by the Company of those websites, nor the products or services listed on those websites. The Company is not responsible for the activities or policies of those websites. The Company may also make available products and services of such third parties directly on www.girls-gone-mobile.com, which third party services shall be purchased and/or obtained by you directly from such third party. You acknowledge and agree that the Company shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.
Oasys Mobile Makes No Representations or Warranties Regarding the Content
The Company makes no representations or warranties of any kind, express or implied, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, as to the operation of www.girls-gone-mobile.com or the information, content, materials, products OR SERVICE included on OR AVAILABLE IN CONNECTION WITH www.girls-gone-mobile.com. The Content is provided to you on an "as-is" and “as available” basis. The Company does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity, fitness for a particular purpose OR NONINFRINGEMENT of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content. the Company makes no representation, warranty or guarantee that the Content that may be available for downloading from www.girls-gone-mobile.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You expressly agree that your use of www.girls-gone-mobile.com and the service is at your sole risk.
Limitations on the Company’s Liability
In no event shall the Company be responsible FOR, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), indemnification or otherwise, for any damages, including, but not limited to, special, incidental, indirect, punitive or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.girls-gone-mobile.com; (iii) your inability to access or use www.girls-gone-mobile.com for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; or (v) your reliance upon or use of the Content, INFORMATION, MATERIALS, PRODUCTS or the Collective Work, even if the Company has been advised of the possibility of such damages. THE COMPANY’S LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO THE COMPANY FOR USE OF THE SERVICE. THESE LIMITATIONS WILL APPLY TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of the Company
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by the Company; (iii) your access or use of www.girls-gone-mobile.com; (iv) your access or use of www.girls-gone-mobile.com under any username and password that may be issued to you; and (v) your use of any Service.
Amendments to this Agreement
The Company reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The Company’s last update was March 27, 2008. Your continued access and use of www.girls-gone-mobile.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.
The Company's Remedies
You acknowledge that the Company may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Company shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Wake County, North Carolina, or the United States District Court, Eastern District of North Carolina. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Wake County, North Carolina. The arbitrator shall be selected by you and the Company, and if you and the Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the Company. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and the Company and your and the Company's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or the Company be entitled to punitive damages and both you and the Company hereby waive your and the Company's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement shall be exclusively in the state and/or federal courts in and for Miami-Dade County, Florida, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Copyright Infringement Notice
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications (“Notification”) of claimed copyright infringement should be sent to a service provider’s designated agent. The company’s designated agent contact information is set forth below: Full Address of Designated Agent to Which Notification Should be Sent: Attn: Girls Gone MobileTM, Inc., General Counsel – 11000 Regency Parkway, Suite 403, Cary, NC 27518 Facsimile Number of Designated Agent: 919.807.5601 Email Address of Designated Agent: ggm@girls-gone-mobile.com. To be effective, the Notification must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined above:
• A service provider shall remove or disable access to the material that is alleged to be infringing;
• A service provider shall forward the written notification to such alleged infringer ("Subscriber");
• A service provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification
To be effective, a Counter Notification must be a written communication provided to the Service Provider's designated agent that includes substantially the following:
• A physical or electronic signature of the Subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined above:
• A service provider shall promptly provide the complaining party with a copy of the Counter Notification;
• A service provider shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
• A service provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter Notification, provided the service provider's designated agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on the service provider's network or system.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. No waiver of any portion of this Agreement shall be effective unless it is in writing and signed by an authorized representative of the Company. The failure of the Company to require performance of any obligation hereunder shall not affect the Company’s right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by the Company from time to time, shall survive your acceptance of this Agreement, the termination of your use of www.girls-gone-mobile.com, and the termination of your use of the Service.
Contact Us
If you have questions, comments, concerns or feedback regarding this Agreement or www.girls-gone-mobile.com, please contact us via email: ggm@girls-gone-mobile.com
This Agreement, the Company’s Privacy Policy and any additional Service terms and conditions made available to you by the Company, each as amended from time to time, represent the entire understanding and agreement between you and the Company regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. Standard text messaging rates apply. Click here to view the carriers our content is available on. You must be at least 13 years of age and have your parent’s permission.