1. Your Relationship with MobileDN.
1.1) Your use of MobileDN’s products, programs and services are subject to the terms of a legal agreement between you and MobileDN, INC. “MobileDN” means MobileDN, Inc., whose principal place of business is at 10400 Overland Rd. 268 Boise, Idaho 83709 United States. This document explains how the agreement is made up, and points out some of the terms of that agreement.
1.2) Unless otherwise agreed in writing with MobileDN, your agreement with MobileDN will always include, at a minimum the terms and conditions stated in this document.
2. Accepting the Terms:
2.1) In order to use the Services provided by MobileDn, you must first agree to Terms(TOS). You may not use the MobileDN Services (Services) if you do not accept the Terms.
2.2) You can accept the terms by clicking on the accept icon during registration through the MobileDN site.
2.3) You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with MobileDN, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4) It is advised by MobileDN that you print off the terms of service and store for records.
2.5) The TOS may be updated and or edited at any time by MobileDN without any notice to you.
2.6) MobileDN may terminate your account at any time without any warning to you and has the right to not allow you back after termination is complete.
3. Description of Services
3.1) MobileDN provides users with access to a multitude of resources with networking possibilities. MobileDN gives you the opportunity to instantly connect with other users in your immediate area.
3.2) As a user you understand and agree that MobileDN may include advertisements as it is a necessity for MobileDN to provide you with it’s services.
3.3) As a user you also agree and understand that MobileDN may contact you with certain information regarding but is not limited to announcements, administrative messages and/or the MobileDN newsletter. You also understand that receiving these alerts and messages are part of the membership and your agreement with MobileDN and you will not be able to opt out.
3.4) You understand that MobileDN will take no responsibility for the deletion, miss-delivery, or failure to store any personal settings.
3.5) As a MobileDN user you understand that it is possible for your profile information to be sent across other networks and you understand that MobileDN is not at fault for this.
3.6) MobileDN is a social networking site for adults 18 years and older, please be aware that some areas of the site will have mature/adult content and you must be 18 years of age to view.
4. Registration Obligations
4.1) By clicking the accept button after registration you are stating that everything on your registration form is correct, current and true. If found that information was deemed untrue or knowingly false, MobileDN then has the right at any time to decline membership without the return of funds.
4.2) By accepting registration and forming a binding contract, you are stating that you are of (a) legal age (b) able to do so within the laws of the United States of America and (c) able to do so within any other applicable law within the location in which you access MobileDN.
4.3) You will keep registration information updated, complete, true, and complete. If not upheld, MobileDN accepts the right to not further the agreement and cease any further membership advances.
5.1) You agree that through the use of MobileDN, your registration information and data will be held within MobileDN files and are subject to transfer to United States government and/or any other country that wishes to obtain this information. You also agree that MobileDN can process, store, and transfer this information amongst MobileDN affiliates.
6. Member Conduct
6.1) You understand that all information (including but is not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials) whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated
6.2) This means that you, the user and not MobileDN are responsible for any information published, transferred, emailed, uploaded or transmitted using MobileDN services.
6.3) You understand that you may be exposed to information and content that is deemed offensive and MobileDN is not in any way liable for the viewing of this material.
6.4) MobileDN will not be responsible for damage, loss, or any kind of harm that occurs during the email, transfer, or posting process while Using MobileDN and its services.
6.5) You understand and agree that all images posted by you are of legal use by you and do not promote or contain nudity or pornography.
6.6) MobileDN suggests that all pictures represent you as the user in some way or form and don’t infringe on any copyrighted materials in any way.
6.7) To help keep MobileDN a true and usable service, we express the importance that all information provided by you is true and verifiable.
6.8) If found that information is false MobileDN has the right to suspend and/or terminate your account without the reimbursement of funds.
Members Interactions with Other Members
6.9) Members are solely responsible for their interactions with other Members. Members understand that MobileDN does not in any way screen its Members, nor does MobileDN inquire into the backgrounds of its Members or attempt to verify the statements of its Members. MobileDN makes no representations or warranties as to the conduct of Members. In any event shall MobileDN be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the MobileDN, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this MobileDN or persons you meet through MobileDN. Members agree to take reasonable precautions in all interactions with other Members of the Service. Members understand that MobileDN makes no guarantees, either express or implied, regarding your use of this Service. Members should never provide personal financial information (for example, your credit card or bank account information) to other Members.
6.10) You will not upload, post, transmit, email or otherwise make available content that is harassing, tortuous, obscene, racist, defamatory, vulgar, or invades another’s privacy in any way, shape or form.
6.11) Harm minors in any way, shape or form.
6.12) Impersonate any other user, person or entity.
6.13) Members may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service.
Rights of Other Subscribers
6.14) Do not in any way, shape or form harass, stalk, or impersonate any other user within the MobileDN service.
6.15) You will not intrude in any way or form on the rights of other MobileDN subscribers.
6.16) You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others
6.17) Members understand and agree that MobileDN may review and delete any content, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of MobileDN that violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of MobileDN Members.
7.1) You agree to indemnify and hold MobileDN and its subsidiaries, affiliates, employees, agents, officers, partners, and licensors free from any claim or demand including attorney’s fees made by any third party due to the content that was submitted, posted, transmitted, transferred and/or emailed using MobileDN services.
8.1) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact MobileDN customer Service
9.1) You understand and agree that you will not hold MobileDN and its subsidiaries, affiliates, employees, agents, officers, partners, and licensors liable to you for any damages of loss of profits, punitive, or tangible losses, even if MobileDN has been advised to the possibility of such damages.
10. No Third Party Beneficiaries
10.1) You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
11. Term and Termination
11.1) This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or MobileDN may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. MobileDN reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to MobileDN by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: MobileDN, Inc., Attn: Cancellations, 10400 Overland Rd. 268, Boise, Idaho 83709. Following any termination of any Registered User’s use of the Service, MobileDN reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
12.1) Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by sending a notice of cancellation to: MobileDN, Inc., Attn: Cancellations, 10400 Overland Rd. 268, Boise, Idaho 83709 In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. Please note that if you paid for your subscription or renewal using a multi-part payment option, you may only cancel your subscription or renewal after the final payment has been paid.
12.2) MobileDN can terminate a contract between you without any notification or permission.
13.1) In order to provide continuous service, MobileDN automatically renews all paid subscriptions for Services 24 hours before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on), except for annual subscriptions which will renew on a monthly basis after expiration of the annual period. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation" above.
14.1) You understand and agree that all logos, trademarks, trade names, and service marks are the property of MobileDN INC and shall not be used without MobileDN permission.
15. Restrictions on Use
15.1) You should use the services for lawful purposes only
16. Disclaimer of Warranties
16.1) YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
Revised MobileDN, Inc. 9-28-09