Terms of Membership and Site Usage
You as a Community Member will always own any content you contribute to the Community, ownership remains with you whether you are, or are not, a member and whether you have shared your content or not. You must remove any content you do not want to share and you are fully liable for any content, written or otherwise, that you upload to the Community. We will not use your content in any way other than showing it in any format that is needed on this site, if we do want to use your content then we will contact you.
This community is restricted to personal use only. You are not allowed to promote any business or create a commercial page without prior written consent. You are not allowed to send unsolicited messages, create groups, comments or interact in any way on this site or with the community on a commercial basis - even if it not for monetary gain. You agree that if you breach these terms that you will be charged $500US for each message sent, $1000US for each group created, $5000US fee plus $500US per month for each commercial profile and $500US for any other infraction. You are not permitted to use any automated submission tools, e.g. friend adders, comment adders, application processors, harvesting, photo downloads or the like without prior written permission. You are not allowed to hire any third party to create profiles with the intention of breaching these terms. Any attempt to use such tools or third party will constitute immediate deletion of your account together with a fee of $5,000 per infraction in addition to the fee's above. All infractration fee's do not include legal or recovery costs. Unless void by law, unpaid fee's are subject to 30% per annum interest (compounded monthly).
1. ACCEPTANCE OF TERMS
Welcome to the ONMYMOB.COM Community. ONMYMOB.COM provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. We urge you to check these terms regularily and if you do not wish to abide by them, please remove your account. Using our service constitutes full and unabridged acceptance of these terms.
2. DESCRIPTION OF SERVICE
ONMYMOB.COM currently provides users with access to a rich collection of resources, including mobile content, mobile news and mobile information and entertainment services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ONMYMOB.COM to provide the Service. You also understand and agree that the Service may include certain communications from ONMYMOB.COM, such as service announcements, administrative messages and the ONMYMOB.COM Newsletter, and that these communications are considered part of ONMYMOB.COM membership and you will not be able to opt out of receiving them unless you terminate your account. Any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ONMYMOB.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that ONMYMOB.COM has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ONMYMOB.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ONMYMOB.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) and you agree to forfeit all credits accrued under the service. ONMYMOB.COM is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the Service must give their children permission to use the service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Your password and details will be set upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ONMYMOB.COM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ONMYMOB.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ONMYMOB.COM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ONMYMOB.COM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ONMYMOB.COM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country in which you reside and in the countries that are available for service.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ONMYMOB.COM does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ONMYMOB.COM the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of ONMYMOB.COM, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available.
"Publicly accessible" areas of the Service are those areas of the ONMYMOB.COM network of properties that are intended by ONMYMOB.COM to be available to the general public.
You agree to indemnify and hold ONMYMOB.COM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ONMYMOB.COM I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that ONMYMOB.COM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ONMYMOB.COM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ONMYMOB.COM reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
ONMYMOB.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ONMYMOB.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ONMYMOB.COM may, under certain circumstances and without prior notice, immediately terminate your ONMYMOB.COM account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your ONMYMOB.COM account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ONMYMOB.COM's sole discretion and that ONMYMOB.COM shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ONMYMOB.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ONMYMOB.COM has no control over such sites and resources, you acknowledge and agree that ONMYMOB.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ONMYMOB.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. ONMYMOB.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ONMYMOB.COM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
ONMYMOB.COM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ONMYMOB.COM for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONMYMOB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ONMYMOB.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONMYMOB.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONMYMOB.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONMYMOB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU AND YOU MAY NOT USE THIS SERVICE.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
ONMYMOB.COM may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
ONMYMOB.COM trademarks and service marks and other ONMYMOB.COM logos, products and service names are trademarks of ONMYMOB.COM and may not be reproduced without prior written authorisation.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
ONMYMOB.COM respects the intellectual property of others, and we ask our users to do the same. ONMYMOB.COM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ONMYMOB.COM's Copyright Agent the following information:
Entire Agreement. The TOS constitute the entire agreement between you and ONMYMOB.COM and govern your use of the Service, superceding any prior agreements between you and ONMYMOB.COM. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ONMYMOB.COM services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of ONMYMOB.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ONMYMOB.COM account is non-transferable and any rights to your ONMYMOB.COM I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. ORDERING MISTAKES, COOLING OFF PERIOD, DISTANCE SELLING REGULATIONS
Our ordering and request systems are fully automated, and mistakes made during the process of requesting an item, including, but not limited to the use of an incorrect premium rate telephone number, shortcode, keyword or order code cannot be refunded or credited to you account. The service is provided immediately, and you agree by requesting any item, or signing up to the service or using this website to make requests that you waive all rights and privileges, without reserve, regarding current and future distance selling regulations and waive any rights and privileges, without reserve, regarding 'cooling off periods' or the similar.
All costs and charges displayed in this website, unless otherwise noted are in GBP (Pounds Sterling). Where a price is displayed in your currency AND in GBP, then your currency is an approximate conversion based on interbank rates, you will be charged in GBP and your financial institution may offer different rates. Please consult with your financial institution to determine your currency's rates.
Please report any violations of the TOS to Customer Care.