solomob terms and condition of use

SoLoMob Inc.

SOcial LOcal MOBile

Last Updated: Jan 25th, 2014

SoLoMob Inc. (“SoLoMob”, or “we”) provides our users the ability to view and listen to content from internet news sources, internet news aggregators and certain social networks (such sources, aggregators and social networks collectively, “Third Party Sources”) in mobile-friendly way. The services offered by SoLoMob include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices for use on the Android operating system (each a “SoLoMob Application”), our website located at www.SoLoMob.net (the “Site”) and any other services offered by SoLoMob (any and all of such services are referred to as the “Services”). The Services do not include any Third Party Sources or third party services or content you may access through the Services.

Please carefully read these terms and conditions (“Terms of Use”). These Terms of Use set forth your right to access to and use of the Services and SoLoMob Content (defined below) and describe the legally binding terms and conditions that apply to such use.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING ANY SOLOMOB SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE ANY SOLOMOB SERVICES.
 
Modification

SoLoMob reserves the right, in its sole discretion, to modify, or terminate any Service or to modify these Terms of Use, at any time and without prior notice or consent.  Continuing to use any of the Services after a modified version of these Terms of Use shall have been publicly posted to the Site shall be deemed conclusive evidence of your acceptance of such modified Terms of Use and your agreement to be bound thereby.
 
Eligibility and Access

Any access to or use of the Services and SoLoMob Content by anyone under the age of 13 years is expressly prohibited. By accessing or using any of the Services you represent and warrant that you are 18 or older or, if younger than 18 years, are 13 years or older and have a legal guardian’s permission to access or use the Services.
 
Third Party Sources and Agreements

You may be able to access or view Third Party Sources through the use of the Services. You agree to take sole responsibility for, and assume all risk in connection with, your access to or viewership of any such Third Party Sources, and SoLoMob expressly disclaims any liability that you may incur arising from your access to or viewership of such Third Party Sources. Your ability to access or view Third Party Sources or other third party services or content does not imply any endorsement by SoLoMob of such Third Party Sources or such services or content. You expressly acknowledge and agree that SoLoMob: (a) is not responsible for the availability or accuracy of such Third Party Sources or other third party services or content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Sources or other third party services or content; (c) does not undertake or assume any duty to monitor any of the Services for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Sources or other third party services or content from the Services.

You may not use or otherwise exploit any Third Party Sources in violation of applicable copyright law or copyright protections, and the owners of such Third Party Sources may have the right to seek legal remedies against you for any such violation.
 
Privacy
By using the Services you agree to, and your access or use of the Services shall be subject to, SoLoMob’s Privacy Policy located at [www.SoLoMob.net/privacy], which is hereby incorporated into and made part of these Terms of Use.
 
Content

“SoLoMob Content” means all proprietary content of SoLoMob, including but not limited to, SoLoMob trademarks and logos viewable through the Services, but expressly excluding Third Party Sources.
 
Ownership

The Services and SoLoMob Content enjoy protection under copyright, trademark and other applicable laws. Except as otherwise expressly set forth in these Terms of Use, SoLoMob exclusively owns all right, title and interest in and to the Services and SoLoMob Content, including all intellectual property rights associated therewith.

SoLoMob does not claim any ownership interest in or to any Third Party Sources and expressly disclaims any liability relating to any Third Party Sources.
 
SoLoMob Application License
License Grant.  Subject to your compliance with these Terms of Use, SoLoMob grants you a limited, non-exclusive, non-transferable license, without the right to sublicense and without to right to make derivative works, to download and install a copy of any SoLoMob Application onto any authorized device and use such copy strictly for your personal, non-commercial use.

Restrictions.  You may not modify the functionality of any SoLoMob Application.  You agree not to disassemble, decompile or reverse engineer any SoLoMob Application, in whole or in part.

Updates and Upgrades; No Obligation.  SoLoMob has no obligaton to maintain or support any SoLoMob Application or to provide any updates or upgrades to any SoLoMob Application. You agree that SoLoMob may from time to time in its sole discretion issue updates or upgrades (which may update such SoLoMob Application automatically) to any SoLoMob Application or terminate access to any SoLoMob Application for any duration of time or permanently.

Term and Termination.. You may terminate the license granted under these Terms of Use to any SoLoMob Application at any time by destroying all copies of such SoLoMob Application in your possession or control.  The license will automatically terminate without notice if you violate any terms of these Terms of Use.

Proprietary Rights.  You agree that other than the limited license granted to you under these Terms of Use SoLoMob retains all right, title and interest in and to each SoLoMob Application, including all intellectual property rights with respect thereto.

U.S. Government End Users. Each SoLoMob 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.

Export Control. You may not use, export, re-export, import or transfer any SoLoMob Application except as permitted by applicable laws. For the avoidance of doubt, no SoLoMob Application may 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 or accessing any SoLoMob Application, you represent and warrant that you are not located in any such country or on any such list.
 
General Prohibitions

You agree not to do any of the following while using the Services:

•    Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual materials within the Services, SoLoMob’s name, any SoLoMob trademark, logo or other proprietary information without SoLoMob’s express written consent;
•    Use any meta tags or other hidden text utilizing a SoLoMob trademark, logo URL or product name without SoLoMob’s express written consent;
•    Attempt to decompile, disassemble or reverse engineer any of the software used to provide the Services;
•    Collect or store any personally identifiable information accessed through the Services; or
•    Use any the Services in connection with any violation any applicable law; or

SoLoMob retains the right to investigate and take all appropriate legal action to prevent or halt any such violations, including cooperation with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.
 
Termination

Without limiting other remedies available to SoLoMob, SoLoMob may at any time, in its sole discretion, terminate your access to the Services.   You agree that SoLoMob will not have any liability to you in connection with such termination.

Without limiting any other terms of these Terms of Use, you may discontinue accessing or otherwise using the Services at any time.

Any suspension, termination or cancellation will not affect your obligations to SoLoMob under these Terms of Use, which are intended to survive termination.
 
Disclaimers

THE SITE, SERVICES, SOLOMOB CONTENT AND THIRD PARTY SOURCES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SOLOMOB 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. SOLOMOB MAKES NO WARRANTY THAT THE SITE, SERVICES, SOLOMOB CONTENT OR THIRD PARTY SOURCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
 
Indemnity

You agree to defend, indemnify, and hold SoLoMob, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or SoLoMob 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 SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER SOLOMOB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SOLOMOB CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, 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 SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLOMOB 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 SOLOMOB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY SOURCES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL SOLOMOB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOLOMOB AND YOU.
   
General

The failure of SoLoMob to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  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 may not assign or transfer these Terms of Use, by operation of law or otherwise, without SoLoMob’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and void. SoLoMob may freely assign these Terms of Use without the consent of any other person or entity. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.  These Terms of Use constitute the entire and exclusive understanding and agreement between SoLoMob and you regarding the Services and SoLoMob Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between SoLoMob and you regarding the Services and SoLoMob Content.