Media Mob TV, Inc. Terms of Service

Last Updated April 20, 2012

The services offered by Media Mob TV, Inc ("Media Mob TV", "Media Mob", or "we") including our software applications (including any updates, new versions, or releases thereof), including but not limited to, applications for mobile devices such as Apple's iPhone and iPad (each a "Media Mob TV Application"), our website located at www.mediamobtv.com (the "Site") and any other services offered by Media Mob TV in connection with our Media Mob TV Applications or the Site (any and all of the foregoing are referred to as the "Services"). The Services do not include any social networking services ("SNS") or other third-part service you interact with via the Services.

Please read the following terms and conditions ("Terms of Use") carefully.  These Terms of use govern your access to and use of the Site, Services and Media Mob TV Content (defined below) and set forth the legally binding terms for your use of the Site, Services and Media Mob TV Content, whether or not you are a Media Mob TV Application User (defined below) or a visitor of the Site.    The Site and Services is subject to additional terms posted on the Site.  If conflicts exist between such terms and this Agreement, the terms of this Agreement shall govern unless such terms expressly state that they prevail over the provisions of this Agreement.

A "User" is a person who has downloaded and installed a copy of the Media Mob TV Application or uses the services available on the Media Mob TV web site.

Special Note to Media Mob TV Application Users:

Without limiting any other terms of these Terms of Use, by using a Social Network Service ("SNS") via the Service you understand and agree that Media Mob TV, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of Media Mob TV Application and give you Media Mob TV permission to do so.  You agree that any content that you submit to an SNS while using the Services may be stored by Media Mob TV at your direction, although Media Mob TV does not undertake to maintain such submissions.

Certain areas of the Site and Services (and your access to our use of Media Mob TV Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services.  If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Media Mob TV Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Media Mob TV Content.

We have no control over the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do we endorse or are responsible in connection with such content (even if you receive any benefits related to the Site in connection with such third party offers). It is your responsibility to understand and accept the terms and payment obligations of all such content that you pursue.

When using the Site or the Services, you may be exposed to information from a variety of sources, and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such information. You may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Media Mob TV with respect to your use of the Site or Services. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. Please respect and interact with other users as you would in any public arena when using the Site or Services. We do not endorse and are not responsible for the accuracy of information on the Site or Services.   

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE MEDIA MOB TV APPLICATION, SITE, OR SERVICES BY DOWNLOADING THE MEDIA MOB TV APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.  NO SIGNATURE REQUIRED.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NOT RIGHT TO ACCESS OR USE THE SITE, SERVICES OR MEDIA MOB TV CONTENT.

Modification

Media Mob TV reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of use, we will post the modification on the Site or within the Media Mob TV Application or otherwise provide you with notice of the modification.   The date of the most recent revision shall be noted at the beginning of these Terms of Use.  By continuing to access or use the Site or Services (including any Media Mob TV Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and Services.  Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and Media Mob TV that arose prior to the date of such revision.  These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Eligibility and Access

The Site, Services and Media Mob TV Content are intended solely for persons who are 17 or older.  Any access to or use of the Site, Services and Media Mob TV Content by anyone under 17 is expressly prohibited.  By accessing or using the Site, Services and Media Mob TV Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 17 or older and have parent's or guardian's permission to access or use the Site, Services, and Media Mob TV Content.

In order to use certain current or future portions or functionalities of the Site, Services or Media Mob TV Content, you may be required to register for a user name or password (a "Media Mob TV Account").  Media Mob TV reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Media Mob TV's sole discretion and without any liability to you.   You are responsible for maintaining the confidentiality of your Media Mob TV Account credentials, including but not limited to your credentials for your other Social Networking Services, in order to use the Media Mob TV Services, and are fully responsible for all activities that occur through the use of your credentials.  You should use a robust password to protect your MEDIA MOB TV Account through a combination of upper and lower case letters, numbers, and other characters.  You agree to notify Media Mob TV immediately if any unauthorized use of your Media Mob TV Account credentials or any other breach of security with respect to your Media Mob TV Account. Media Mob TV will not be liable for any loss or damage arising from unauthorized use of your MEDIA MOB TV Account credentials prior to you notifying Media Mob TV of such unauthorized use or loss of your credentials.

You agree to provide accurate, current, complete, and non-misleading information to Media Mob TV in connection with your creation of a Media Mob TV Account and during your use of the Site and Services.  Media Mob TV reserves the right to suspend or terminate your access to the Site and Services if any information provided to

Media Mob TV in connection with your Media Mob TV Account or use of the Site and Services proves to be inaccurate, not current, incomplete, or misleading.  If messages sent to an email address provided by you and associated to your Media Mob TV Account are returned as undeliverable, Media Mob TV reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.  You agree that you will not use the Media Mob TV Application to access or use third party services to which you do not have the right to access.  If you are not a Media Mob TV Application User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to Media Mob TV Application Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a Media Mob TV Account may be required for access to certain Services). 

Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information ("Third Party Materials") via the Services.  By using the Media Mob TV Application to find materials on the Internet, you instruct Media Mob TV to present portions of the data sources that you have selected.  You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Media Mob TV disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content (defined below) via a Media Mob TV Application.  You acknowledge and agree that Media Mob TV: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has not liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.  Your ability to access or link to Third Party Materials or third party services (including any Social Networking Services) does not imply any endorsement by Media Mob TV of Third Party Materials or any such third party services. 

These Terms of Use do not authorize you to reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by the Media Mob TV application as authorized by Media Mob TV and the owners of such Third Party Materials who may have the right to seek damages against you for any unauthorized use of their Third Party Materials. 

Privacy

By using the Services you are subject to Media Mob TV's Privacy Policy located at www.mediamobtv.com, which is hereby incorporated into and made part of these Terms of Use.  The Privacy Policy provides information and notices concerning Media Mob TV's collection and use of your personal information.  If you have any questions about the Media Mob TV Privacy Policy, then please contact Media Mob TV at privacy@mediamobtv.com.

Certain types of content are made available through the Site and Services.  "Media Mob TV Content" means Media Mob TV proprietary content, including but not limited to, Media Mob TV trademarks and logos, made available through the Site and Services, excluding Third Party Materials and User Content.  "User Content" means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a Media Mob TV user provides directly to Media Mob TV via the Site and Services, as applicable.

Ownership

The Site, Services, and Media Mob TV Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in these Terms of Use, Media Mob TV and its licensors exclusively own all right, title and interest in and to the Site, Services, and Media Mob TV Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Media Mob TV Content.

Media Mob TV claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

Media Mob TV Application License

License Grant.  Subject to your compliance with the terms and conditions of these Terms of Use, Media Mob TV grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Media Mob TV Application onto any authorized device you own and control, and run such copy of the Media Mob TV Application solely for your personal, non-commercial use.  Furthermore, with respect to any iTunes Store Sourced App you will only use the iTunes Store Sourced App as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.  MEDIA MOB TV reserves all rights in the Media Mob TV Application not expressly granted to you in these Terms of Use.

Restrictions.  Except as expressly specified in these Terms of Use, you may not (a) copy or modify the Media Mob TV Application, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Media Mob TV Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Media Mob TV Application to any third party; or (c) make the functionality of the Media Mob TV Application available to multiple users through any means, including, but not limited to, distribution of the MEDIA MOB TV Application by uploading the Media Mob TV Application to a network or file-sharing service or through any hosting, application services provider or any other type of service.  The Media Mob TV Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Media Mob TV Application, or in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  You will comply with any technical restrictions in the Media Mob TV Application that allow you to use the Media Mob TV Application only in certain ways.

Updates and Upgrades; No Obligation. Media Mob TV is not obligated to maintain or support the Media Mob TV Application, to provide all or any specific content through the Media Mob TV Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Media Mob TV may from time to time in its sole discretion issue updates or upgrades to the Media Mob TV Application, disable access to the Media Mob TV Application for any period of time or permanently, and may automatically update or upgrade the version of the Media Mob TV Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. Media Mob TV shall have no liability to you arising out of any unavailability of the Media Mob TV Application.

Term and Termination. The license to the Media Mob TV Application granted under these Terms of Use remains in effect for a period of 75 years, unless earlier terminated by you or Media Mob TV in accordance with this provision. You may terminate the license at any time by destroying all copies of the Media Mob TV Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from Media Mob TV if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the Media Mob TV Application and promptly delete and destroy all copies, full or partial, of the Media Mob TV Application.

Proprietary Rights. The copy of the Media Mob TV Application is licensed, not sold, to you. You agree that Media Mob TV and its licensors own all right, title and interest in and to the Media Mob TV Application, including all intellectual property rights therein, and that Media Mob TV retains ownership of all copies of the Media Mob TV Application even after installation on your mobile device. The Media Mob TV Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Media Mob TV Application as delivered to you.

U.S. Government End Users. The Media Mob TV Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Media Mob TV Application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Media Mob TV Application and related documentation will be only those specified in these Terms of Use.

Export Control. You may not use, export, re-export, import, or transfer the Media Mob TV Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Media Mob TV Application, and any other applicable Laws. In particular, but without limitation, the Media Mob TV Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Media Mob TV Application, you represent and warrant that you are not located in any such country or on any such list. You also will not use the Media Mob TV Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

You agree to the Apple iTunes Terms of Service if you download a Media Mob TV Application from the iTunes Store.

User Content 

By making available any User Content through the Site and Services, you hereby grant to Media Mob TV a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public, and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. Media Mob TV does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User ContentLicenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your Media Mob TV Account, but the license granted by you with respect to any other User Content, including, but not limited to, any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable.  Notwithstanding the preceding sentence, you hereby acknowledge and agree that Media Mob TV shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services. 

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents, and releases that are necessary to grant to Media Mob TV the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Media Mob TV’s Use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

Copyrighted Materials: No Infringing Use 

You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Media Mob TV has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Feedback 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@mediamobtv.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Media Mob TV and you hereby irrevocably assign to Media Mob TV and agree to irrevocably assign to Media Mob TV all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Media Mob TV’s request and expense, you will execute documents and take such further acts as Media Mob TV may reasonably request to assist Media Mob TV to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Interactions between Users 

You are solely responsible for your interactions (including any disputes) with other users. You understand that Media Mob TV does not in any way screen Media Mob TV users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Media Mob TV users. You agree to take reasonable precautions in all interactions with other Media Mob TV users, particularly if you decide to communicate with Media Mob TV user offline or meet them in person. Your use of the Site, Services, Media Mob TV Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Media Mob TV hereby disclaims any and all liability to you or any third party relating thereto. Media Mob TV reserves the right to contact Media Mob TV users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Media Mob TV to investigate any suspected unlawful, fraudulent or improper activity via the Services. 

General Prohibitions 

You agree not to do any of the following while using the Site, Services or Media Mob TV Content:

  Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

    Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Media Mob TV’s name, any Media Mob TV trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Media Mob TV’s express written consent;

    Access, tamper with, or use non-public areas of the Site or Services, Media Mob TV’s computer systems, or the technical delivery systems of Media Mob TV’s providers;

    Attempt to probe, scan, or test the vulnerability of any Media Mob TV system or network or breach any security or authentication measures;

    Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Media Mob TV or any of Media Mob TV’s providers or any other third party (including another user) to protect the Site, Services or Media Mob TV Content;

    Attempt to access or search the Site, Services or Media Mob TV Content or download Media Mob TV Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Media Mob TV or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Opera or Chrome);

    Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    Use any meta tags or other hidden text or metadata utilizing a Media Mob TV trademark, logo URL or product name without Media Mob TV’s express written consent;

    Use the Site, Services or Media Mob TV Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

    Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Media Mob TV Content to send altered, deceptive or false source- identifying information;

    Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Media Mob TV Content;

    Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

    Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

    Impersonate or misrepresent your affiliation with any person or entity;

    Violate any applicable law or regulation; or 

    Encourage or enable any other individual to do any of the foregoing.

Media Mob TV will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Media Mob TV may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party. 

You acknowledge that Media Mob TV has no obligation to monitor your access to or use of the Site, Services or Media Mob TV Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Media Mob TV reserves the right, at any time and without prior notice, to remove or disable access to any Media Mob TV Content, Third Party Materials, and any User Content, that Media Mob TV, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Sweepstakes and Contests 

Media Mob TV may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Service, as they may contain additional important information about Media Mob TV rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Termination 

Without limiting other remedies, Media Mob TV may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Media Mob TV may notify authorities or take any actions it deems appropriate, without notice to you, if Media Mob TV suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by Media Mob TV; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Media Mob TV users, Media Mob TV or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Media Mob TV will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to Media Mob TV under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

Disclaimers 

THE SITE, SERVICES, MEDIA MOB TV CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEDIA MOB TV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  MEDIA MOB TV MAKES NO WARRANTY THAT THE SITE, SERVICES, MEDIA MOB TV CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, FREE OF ANY VIRUSES OR MALICIOUS CODE WHICH CANNOT BE DETECTED USING COMMERCIALLY AVAILABLE PRODUCTS OR ERROR-FREE BASIS.  MEDIA MOB TV SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDIA MOB TV OR THROUGH THE SITE, SERVICES, MEDIA MOB TV CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity 

You agree to defend, indemnify, and hold Media Mob TV, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal, attorney's and accounting fees, to the extent arising or in any way connected with User Content, your access to or use of the Site, Services or Media Mob TV Content, or your violation of these Terms of Use.

Limitation of Liability 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE MEDIA MOB TV APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER MEDIA MOB TV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR MEDIA MOB TV CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OR CORRUPTION OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, EQUIPMENT OR COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIA MOB TV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIA MOB TV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL MEDIA MOB TV’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED AN AMOUNT EQUAL TO THE LICENSE FEES PAID BY YOU TO LICENSOR FOR THE SOFTWARE OR SERVICE.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIA MOB TV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices 

All trademarks, service marks, logos, trade names, and any other proprietary designations of Media Mob TV used herein are trademarks or registered trademarks of Media Mob TV. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 

Dispute Resolution 

Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MEDIA MOB TV AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Media Mob TV, to you via any other method available to Media Mob TV, including via e-mail. The Notice to Media Mob TV should be addressed to: Media Mob TV, Inc., 555 Bryant Street, # 520, Palo Alto, CA, 94301, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Media Mob TV do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Media Mob TV may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Media Mob TV, then Media Mob TV will promptly reimburse you for your confirmed payment of the filing fee upon Media Mob TV’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.  

Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Media Mob TV agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  

No Class Actions. YOU AND MEDIA MOB TV AGREE THAT YOU AND MEDIA MOB TV MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.  

Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use.  

These Terms of Use and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Media Mob TV under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in San Jose, California, and you and Media Mob TV hereby submit to the personal jurisdiction and venue of these courts.

Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Media Mob TV seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by Media Mob TV or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Media Mob TV, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Claims. You and Media Mob TV agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

Improperly Filed Claims. All claims you bring against Media Mob TV must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Media Mob TV may recover attorneys’ fees and costs up to $5,000, provided that Media Mob TV has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Entire Agreement 

These Terms of Use constitute the entire and exclusive understanding and agreement between Media Mob TV and you regarding the Site, Services and Media Mob TV Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Media Mob TV and you regarding the Site, Services, and Media Mob TV Content.

Assignment 

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Media Mob TV’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Media Mob TV may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices 

You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Media Mob TV by posting to the Site or Services.

General 

These Terms of Use represent the entire agreement between you and Media Mob TV relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between you and Media Mob TV with respect to the subject matter hereof. These Terms of Use shall not be modified except by a change to these Terms of Use made by Media Mob TV as authorized in these Terms of Use.  The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of Media Mob TV to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Media Mob TV. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Media Mob TV as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Media Mob TV other than pursuant to these Terms of Use. 

Disclosure 

The services hereunder are offered by Media Mob TV, Inc., located at 555 Bryant Street, #520, Palo Alto, CA  94301.  You may contact us by sending correspondence to the foregoing address or by emailing us at legal@mediamobtv.com. If you are a California resident, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.