Terms and Conditions of Use



  • THIS IS A LEGAL AGREEMENT BETWEEN YOU (INCLUDING ANY SUBSCRIBER, FREE TRIAL USER, OR PURCHASER OF ANY MOBOVIVO SERVICE REQUIRING PAYMENT OF A FEE) AND MOBOVIVO, INC. ("MOBOVIVO") STATING THE TERMS THAT GOVERN YOUR USE OF THE MOBOVIVO WEBSITE (THE "WEBSITE"). THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MOBOVIVO'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND MOBOVIVO. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MOBOVIVO MAY REFUSE ACCESS TO THE WEB SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.   YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO MOBOVIVO TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT OR THE MOBOVIVO SERVICES.

    AS USED HEREIN, "SERVICES" INCLUDES ANY VERSION OR TYPE OF THE MOBOVIVO SERVICES AS WELL AS DOWNLOADS OR OTHER SERVICES PROVIDED BY MOBOVIVO.   

    The use of the Website is subject to this Agreement. By accessing this Website, you accept and agree to be bound by this Agreement. If you do not wish to abide by these terms and conditions, please leave the Website now and do not access or use this Website in the future, unless you assume the obligations outlined below.

  • 1.       COPYRIGHT NOTICE

    This Website was created by MoboVivo. "MoboVivo", the MoboVivo logo, and "Rapid Repurposing Technology - RRT" are trademarks of MoboVivo. Any use of any trademarks appearing on the Website without the express written consent of the owner of the trademark is strictly prohibited. © 2006 MoboVivo Inc. All rights are reserved.  Any other use, change or duplication of this Website, in whole or in part, without the prior written permission of MoboVivo is strictly forbidden.

    2.    INTELLECTUAL PROPERTY RIGHTS

    Only you may access the Services using your user name and password. The Services available through the Website are the property of MoboVivo or its licensors and are protected by copyright and other intellectual property laws. The Services may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, distribute, disseminate, sell, rent, broadcast or circulate any content received through any Service to any third party, (ii) exploit any such content for commercial purposes without the express prior written consent of MoboVivo, or (iii) to share your password with any third party. You may not make any unauthorized copies of any content obtained through the Services. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless MoboVivo for your failure to comply with this section.  All trade marks, trade names, company names, slogans, logos, and any other copyright items which can be seen on the Website pages in various contexts are the property of their respective owners. You have no right to copy, distribute or otherwise use them without the prior written consent of the owners.

    MoboVivo and its licensors retain exclusive ownership of the Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. MoboVivo reserves all rights not expressly granted hereunder. You shall promptly notify MoboVivo in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of MoboVivo or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions.

    MoboVivo expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such law.

    All rights not expressly granted to you in this Agreement are reserved to MoboVivo and/or its licensors. 

    3.     TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE

    MoboVivo will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.

    MoboVivo also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available in any particular catalog may no longer be available. MoboVivo reserves the right to change the tracks and albums available in any catalog at any time.

    MoboVivo shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).

    4.    REFUND POLICY AND DELIVERY OF SERVICES

    There are no refunds once a video download is purchased. When you click the " Buy Now" button, your video purchase is charged to the credit card number you provide to our payment services provider, InternetSecure Inc. On occasion, technical problems may delay or prevent delivery of MoboVivo Services, such as purchased video downloads or other materials, to you. Your sole remedy with respect to video downloads or other materials that are not delivered will be either replacement of such products or refund of the price paid for such content, at MoboVivo's sole discretion. MoboVivo will arrange refund through InternetSecure Inc., if appropriate.

    5.    INDEMNIFICATION

    You agree to indemnify and hold MoboVivo and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.

    6.     GOVERNING LAW

    This Agreement shall be governed by the laws of the Province of Alberta, Canada, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the provincial and federal courts sitting in Calgary, Alberta. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

    7.    NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES

    Certain content, products, and services available via the Service may include materials from third parties. In addition, MoboVivo may provide links to certain third party web sites. You acknowledge and agree that MoboVivo is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. MoboVivo does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that MoboVivo is not in any way responsible for any such use by you.

    8.      PAYMENT

    The Services provided by MoboVivo are not free-of-charge. The users pay for Services before the Services are provided (prepayment) in accordance with the rules and tariffs set by MoboVivo. You are expected to pay for all Services in full. MoboVivo agrees not to introduce retrospective changes to the payment rules and not to make any additional charges not mentioned in the rules. At the same time, MoboVivo reserves the right to introduce changes to the Service payment rules and change tariffs on an occasional basis.  When you pay for a Service, MoboVivo reserves the right to request additional information regarding the details of the financial transaction necessary to verify the identity of the payer. This additional security measure is taken for the benefit of MoboVivo clients, despite its seeming inconvenience.

    9.     GENERAL

    No delay or failure to take action under this Agreement shall constitute any waiver by MoboVivo of any provision of this Agreement.  If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.




  • Copyright © 2006 MoboVivo Inc. All rights reserved.
    MoboVivo and Rapid Repurposing Technology are trademarks of MoboVivo Inc.
    By any use of this Website, you agree to be bound by these Terms of Use.



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