Terms and Conditions
Draft: June 01 2003Date Changed: March 01 2008 - REMLAB INC (formerly D-D-N.com)
This Terms and Conditions of Use agreement (the "Agreement" or the "Terms and Conditions") is between you and REMLAB INC ("DDNMOBILE.COM"). Your use of this Web site (the "DDNMOBILE.COM Web Site" or the "Site") and any other Web sites made available by DDNMOBILE.COM on which this Terms of Use is posted (collectively, the "DDNMOBILE.COM Web Sites"), and any DDNMOBILE.COM services offered or made available thereon or described herein (the "DDNMOBILE.COM Services". BY USING THE SITE AND/OR THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE AND SERVICES. We may change the terms and conditions of this Agreement from time to time, at any time without notice to you, by posting such changes on the Site.
Limited License
Subject to the terms and conditions set forth in this Agreement, DDNMOBILE.COM grants you a non-exclusive, non-transferable, limited right to access, view, use and display the DDNMOBILE.COM Web Sites and DDNMOBILE.COM Services and the materials thereon on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with the terms and conditions of this Agreement. The DDNMOBILE.COM Web Site and the DDNMOBILE.COM Services are for your personal, internal and noncommercial use only (except where specifically and expressly permitted and/or stated otherwise in connection with a particular Service).
Ownership; Restrictions
As between you and DDNMOBILE.COM, DDNMOBILE.COM owns, solely and exclusively, all rights, title and interest in and to the Site and Services, all material and content thereon (other than that which users may submit or provide to us), including without limitation text, images, software, games, audio and video clips, illustrations, graphics, other visuals, code, data and materials thereon, the look and feel, design and organization of the Site and Services, and the compilation of the content, code, data and materials on the Site and Services (collectively the "Content"), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. For the avoidance of doubt, the DDNMOBILE.COM Web Site and Services and the Content are protected by U.S. copyright laws, international conventions, and other laws. You agree to abide by all restrictions displayed on the DDNMOBILE.COM Web Site and Services. Your use of the Site or Services does not grant to you ownership of any Content you may access or use on or through the Site or the Services.
By uploading or submitting material or content to the Service, you represent and warrant that: DDNMOBILE.COM, our customers, and our licensees shall not be required to make any payments with respect to material or content that you submit to our sites under this Agreement, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials or content, your licensors, unions, or guilds;
(a) you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
(b) you agree that you have the master rights to distribute (free or for payment) the material or content that you submit to DDNMOBILE.COM;
(c) the material or content that you submit to our sites does not contain "samples" of any third party’s content; including but not limited to, sound recordings, musical compositions and video recordings, and will not infringe on any third party’s copyright, patent, trademark, or trade secret;
In addition, if you post such material or content, you acknowledge and agree that DDNMOBILE.COM, at its sole discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for such material or content and acknowledge, and agree that you shall indemnify and hold harmless DDNMOBILE.COM from any and all damages or losses resulting from your posting of such material or content.
Prohibited Use
Except as expressly set forth herein or expressly permitted in connection with a particular Service, you may not download, display, copy, reproduce, create derivative works from, transmit, sell, distribute, publish, broadcast or in any way otherwise exploit the DDNMOBILE.COM Web Site or the DDNMOBILE.COM Services or any Content thereon for any public or commercial use without the express written permission of DDNMOBILE.COM or the applicable rights holder. You may view and download single copies only of Content from the DDNMOBILE.COM Web Site or Service (unless otherwise specifically indicated) for your personal, non-commercial use only, provided that you maintain all copyright and other notices as they are contained and displayed therein. DDNMOBILE.COM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You may obtain more information on the copyrights, trademarks, and service marks of DDNMOBILE.COM and its affiliates by viewing the copyright and trademark notices posted on the DDNMOBILE.COM Web Site, the DDNMOBILE.COM Services and the Content.
Prohibited User Conduct
You warrant and agree that, while using the Site and Services and the various features offered on or through the Site and Services, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Content or Services (for example, without limitation, in a feature, download, product or service downloaded from DDNMOBILE.COM or otherwise through the Services), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes (except as expressly permitted in connection with a particular Service); or (c) attempt to gain unauthorized access to other computer systems through the Site or Service. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the DDNMOBILE.COM Web Site or the DDNMOBILE.COM Services, including without limitation any information residing on any server or database connected to the DDNMOBILE.COM Web Site or Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the DDNMOBILE.COM Web Site or the DDNMOBILE.COM Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the DDNMOBILE.COM Web Site or the Services (including, without limitation, sending mass unsolicited messages or "flooding" servers with requests); (iv) use the Site or the Services or features in violation of DDNMOBILE.COM's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Site or the Services in violation of any applicable law.
Applicable to Use of All DDNMOBILE.COM Services
The DDNMOBILE.COM Services (each as defined below) may enable you to send messages, content and information to, and receive messages, content and information from, the Service, DDNMOBILE.COM operators and other wireless device users or other members of the Services. You may use the Services only in accordance with the terms and conditions of this Agreement (including any amendments or revisions thereto) and any additional terms that may be presented in connection with a particular service or feature or function of a Service. You represent that you are the owner or authorized user of the wireless device you use to sign up for and receive the Services, and that you are authorized to approve any applicable carrier and premium charges in connection with your use of the Services.
The DDNMOBILE.COM Services are compatible only with the wireless carriers listed on the particular Site in connection with the particular Service, which lists may change from time to time. You must first register and provide all required information, which may include your name, address, telephone number, wireless carrier, wireless phone number, SMS address, email address and billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier, depending on the Service you subscribe to), user name and passwords (collectively, "Account Information"). You agree to update your Account Information as necessary to insure that it is current, accurate and complete. We may also obtain the date, time and content of your messages and other mobile transactions ("Transactional Information") in the course of your use of the DDNMOBILE.COM Services. We may also access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.
Certain Content may be made available for streaming only. ("Streaming" content, for example a musical sound recording, is initiated by selecting content while you are online, at which time an encrypted file will be transmitted to your computer for a contemporaneous performance of the recording which does not create a download or residual copy or file on your computer other than as temporarily required to render that performance as in the form of a buffer copy.) You are prohibited from using such "streaming" content in a manner that exceeds the permitted uses described above (for example, and without limitation, by downloading or otherwise copying streaming-only content).
SUBJECT TO DDNMOBILE.COM'S PRIVACY POLICY, DDNMOBILE.COM MAY, AND YOU HEREBY GRANT DDNMOBILE.COM THE RIGHT TO, PUBLISH AND/OR DISTRIBUTE ALL OR PART OF THE CONTENT OF YOUR MESSAGES TO AND FROM DDNMOBILE.COM OR OTHER SERVICE USERS IN ANY MEDIUMS, SUCH AS IN ADVERTISING, TELEVISION AND ON THE INTERNET, AND/OR USE SUCH CONTENT FOR DDNMOBILE.COM'S INTERNAL PURPOSES. DDNMOBILE.COM MAY OR MAY NOT ALTER YOUR MESSAGES OR CONTENT FOR THIS PURPOSE. YOU WAIVE ALL RIGHTS YOU MAY HAVE TO INSPECT AND/OR APPROVE OF ANY USE BY DDNMOBILE.COM OF ANY SUCH CONTENT. YOU WAIVE ALL RIGHTS TO ANY CLAIM AGAINST DDNMOBILE.COM FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY OR PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH SUCH COMMUNICATIONS.
We will use the information we obtain in connection with our Services (including Account Information and Transaction Information) in accordance with our Privacy Policy, as well as the terms and conditions set forth herein. Please review our Privacy Policy before completing the registration process or attempting to use the Services. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.
You understand and acknowledge that your wireless carrier may suspend or delay the Services (including, for example, without limitation, the shortcode for certain Services) at any time. DDNMOBILE.COM will not be liable for lack of availability, any delays, downtime, shortcode downtime, or failures in or discontinuance of your receipt of any messages, Content or any other aspects of our Services, as delivery is subject to effective transmission from your network operator and/or carrier as well as effective processing by your mobile device.
Privacy and Security of Your Account Information
REMEMBER WHEN YOU USE THE SERVICES, MAKE UP A USER NAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY. DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU). WHENEVER YOU DO SO, ALL OF THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS.
Without limiting the terms of the Privacy Policy, you acknowledge and agree that the DDNMOBILE.COM Services are provided via wireless systems, which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the DDNMOBILE.COM Services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the DDNMOBILE.COM Services.
You agree that you will not allow others to use your user name, "nickname," "digital locker," password or other Account Information and you agree to indemnify and hold DDNMOBILE.COM, its partners, parents, subsidiaries, agents, affiliates and licensors, and your carrier, (and their respective officers, directors and employees) harmless from and against any improper, unauthorized or illegal uses of your account.
Download Services
DDNMOBILE.COM makes available certain Downloads Services, through which certain products or services are available for purchase and download onto your mobile or wireless device. Examples include wallpapers, ringtones and games. You may use such products and services for your own personal, non-commercial use only, and you may not further distribute such products or services except as expressly permitted by DDNMOBILE.COM. Products and services are provided "AS IS," without warranty of any kind.
Fees and Other Charges
If you choose to purchase content from DDNMOBILE.COM, all payments must be made by you through a charge to your credit card (VISA, MasterCard, American Express or Discover Card). We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND DDNMOBILE.COM, YOU, AND NOT DDNMOBILE.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your services (including any applicable taxes) at the rates in effect when the charges were incurred. If DDNMOBILE.COM does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by DDNMOBILE.COM.
(a) No Warranties
WITHOUT LIMITING ANY PROVISION HEREIN, DDNMOBILE.COM MAKES NO WARRANTY THAT ANY PARTICULAR MOBILE PHONE OR OTHER PORTABLE DEVICE, OR OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH DDNMOBILE.COM'S SERVICES. DDNMOBILE.COM MAKES NO WARRANTY THAT ANY PARTICULAR NETWORK OPERATOR, CARRIER OR TEXT MESSAGING AGGREGATOR WILL BE COMPATIBLE WITH DDNMOBILE.COM'S SERVICES.
(b) No Refunds
All fees paid and charges made as provided herein, including any advance charges are nonrefundable.
(c) Unauthorized Charges
Unless you notify DDNMOBILE.COM of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release DDNMOBILE.COM from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to DDNMOBILE.COM within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.
(d) Taxes
You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes.
(e) Modification of Terms
DDNMOBILE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY DDNMOBILE.COM, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO DDNMOBILE.COM TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE DDNMOBILE.COM WEBSITE OR SERVICES TO WHICH YOU HAVE PURCHASED OR USED.
DDNMOBILE.COM may impose premium fees ("Pricing") for certain features of the DDNMOBILE.COM Services and any applicable taxes. By completing the registration process, you authorize DDNMOBILE.COM to charge the appropriate fees and taxes for the DDNMOBILE.COM Services to your designated credit card or directly to your wireless account invoice (or deducted from your pre-paid balance). (If fees are charged to your wireless account invoice, we may provide your carrier with your applicable Account Information and Transactional Information in connection therewith.)
If you select a subscription plan, you authorize us to continue billing you each month in accordance with the plan until you cancel the subscription. Cancellations may take from twenty-four (24) hours to ten (10) days to become effective.
In addition to any applicable subscription or other fee for the DDNMOBILE.COM Services charged by DDNMOBILE.COM, your wireless carrier's messaging service rates apply to your outgoing messages, our confirmation messages and all subsequent correspondence. Your carrier's fees also apply to the messages sent between you and DDNMOBILE.COM as part of the sign-up, HELP and opt-out processes. You agree to pay all charges incurred by you (or any user of your wireless device) in connection with the DDNMOBILE.COM Services at the rates in effect when such charges are incurred. If DDNMOBILE.COM does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by DDNMOBILE.COM, carriers or other entities operating on its behalf to provide the Services. Your carrier may impose message or charge limitations on your account that are outside our control. Please contact your wireless carrier for information about your account. If any of your billing information changes, it is your responsibility to update your Account Information.
Termination or Cancellation of Account
If you cancel your account for any reason, or if your account is terminated due to the termination or lapse of your wireless service or because of your breach of contract, DDNMOBILE.COM will not refund any of your fees paid to date. To cancel your subscription or your account, send a text message with the text "STOP" to the number provided in a particular message, or follow any other instructions set forth in the particular message or provided on the Site.
Billing Disputes
If you have a complaint or dispute about a certain charge, or about a certain feature or product of the Service (including, for example, any Content, as defined above), you must notify DDNMOBILE.COM's customer service (and not your wireless carrier) of such complaint or dispute. DDNMOBILE.COM may issue refunds for certain corrupt or defective Content (or other products or services offered or made available on or through the Services). However, if you repeatedly request refunds, which in our sole discretion are illegitimate, your use of the Service(s) may be subject to suspension or termination, without further notice to you.
Fee Changes
All fees for the DDNMOBILE.COM Services or Content are subject to change. DDNMOBILE.COM will provide you with reasonable notice of such changes in the "Pricing" section of the Site. (It is up to your wireless carrier to notify you if there are any changes to its rates.) If you do not accept DDNMOBILE.COM's new fees, you will have ten (10) days from the date of notice to cancel your subscription or your account.
User-Submitted Content
In addition to any other rules or regulations that we may post in connection with a particular Service, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the DDNMOBILE.COM Web Site or any Service or feature made available on or through the Site or Services, any materials or content (including any Submitted Materials, as defined below) which (i) restrict or inhibit any other user from using and enjoying the DDNMOBILE.COM Web Site or the DDNMOBILE.COM Services, (ii) are fraudulent, unlawful, threatening, abusive, libelous, defamatory, racially, ethically or otherwise objectionable, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind (except as expressly allowed by the terms and conditions applicable to the particular Service(s)), or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Site or DDNMOBILE.COM. You alone are responsible for the content and consequences of any of your activities.
Private or Sensitive Information on Public Forums
It is important to remember that materials or comments submitted to a public forum may be recorded and stored in multiple places, both on the DDNMOBILE.COM Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your materials or comments to our public forums.
Copyright Act Agent
DDNMOBILE.COM respects the intellectual property rights of others, and requires that the people who use the Site and the Services do the same. DDNMOBILE.COM maintains a policy of termination in appropriate circumstances of users who use the DDNMOBILE.COM Web Sites or Services for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
REMLAB INC
PO BOX 276
ENON VALLEY PA 16120
DDNMOBILE.COM reserves the right, but does not have an obligation, to monitor and review all materials posted to the DDNMOBILE.COM Web Site or Service by users, and DDNMOBILE.COM is not responsible for any such materials posted by users. However, DDNMOBILE.COM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in DDNMOBILE.COM's sole discretion are objectionable or in violation of this Agreement, DDNMOBILE.COM's policies or applicable law.
Rights to Content and Materials Provided by Users
Any information, messages, Content (as defined above), Network Content (also as defined above) or other communications or materials submitted to the DDNMOBILE.COM Web Sites (including, for example and without limitation, that which you submit or post to any chat rooms, message boards, and/or our blogs, "profiles" or which you send to us via e-mail) or through your use of the DDNMOBILE.COM Services (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials, in whole and in part, are original to you, that you own or have the necessary rights, licenses, consents, permissions and approvals to use and authorize DDNMOBILE.COM and other Members of the Services to use, in whole or in part, all Submitted Materials (and you must deliver copies of such approvals and consents immediately to DDNMOBILE.COM upon DDNMOBILE.COM's request), that no other party has any rights thereto (including, without limitation, copyrights, trademark rights, rights of publicity, privacy rights, and other intellectual property rights), that any "moral rights" in Submitted Materials have been waived, and, to the extent legally required under the circumstances, that you have the written consent, release and/or permission of each and every identifiable individual person depicted in any Submitted Materials, if necessary, to enable inclusion and use of such Submitted Materials in the manner contemplated by the Site or any Service, and (ii) you grant to DDNMOBILE.COM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, reformat, edit and otherwise exploit such Submitted Materials and any ideas or original materials contained in such Submitted Materials, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Submitted Materials including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by DDNMOBILE.COM of any material or idea submitted by you in any Submitted Materials. You waive all rights to any claim against DDNMOBILE.COM for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Submitted Materials. You agree and understand that DDNMOBILE.COM is under no obligation to use any material or ideas submitted by you in any Submitted Materials in any way whatsoever, and DDNMOBILE.COM is not responsible for maintaining, and may delete at any time, any of your Submitted Materials. You shall be solely responsible for your own Submitted Materials and the consequences of posting, uploading or otherwise publishing or distributing them.
No Responsibility for Transmitted Material
You acknowledge that material transmitted to and from the Site or Services are not confidential and your Submitted Materials may be read or intercepted by others. You acknowledge that by submitting Submitted Materials to DDNMOBILE.COM or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and DDNMOBILE.COM other than pursuant to this Agreement. DDNMOBILE.COM shall not be responsible for the payment of any monies to any party in connection with DDNMOBILE.COM's use of Submitted Materials submitted by you to the DDNMOBILE.COM Web Site or Services.
Links to Other Web Sites and Content
The DDNMOBILE.COM Web Site or Services may contain links and pointers and sometimes may frame other Web sites, resources, and sponsors of the DDNMOBILE.COM Web Site. Links from the DDNMOBILE.COM Web Site or Services to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by DDNMOBILE.COM of such third party resources or their contents. Links, pointers and frames also do not imply that DDNMOBILE.COM sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of DDNMOBILE.COM. You should direct any concerns regarding any external link to its site administrator or webmaster. DDNMOBILE.COM does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the DDNMOBILE.COM Web Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. DDNMOBILE.COM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the DDNMOBILE.COM Web Site or Services.
Linking to the Web Site
You agree that if you include a link from any other web site to this Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding (other than as expressly permitted in connection with a particular Service). We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
Third Party Services
You may order services or merchandise through the DDNMOBILE.COM Web Site or DDNMOBILE.COM Services offered by other persons or companies not affiliated with DDNMOBILE.COM ("Sellers"). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc., are solely between you and the Seller. You will not consider DDNMOBILE.COM, nor will DDNMOBILE.COM be deemed, a party to such transactions, whether or not DDNMOBILE.COM may have received some form of revenue or other compensation in connection with the transaction, nor shall DDNMOBILE.COM be liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. DDNMOBILE.COM MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES OF SELLERS PURCHASED ON OR OBTAINED THROUGH A DDNMOBILE.COM WEB SITE OR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH A DDNMOBILE.COM WEB SITE OR SERVICE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES FROM SELLERS OR PARTICIPATION IN ANY TRANSACTION WITH SELLERS IS SOLELY AT YOUR OWN RISK.
Indemnification
You agree to indemnify, defend and hold DDNMOBILE.COM, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the DDNMOBILE.COM Web Site or DDNMOBILE.COM Services, or any of the Content or other downloadables or any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. DDNMOBILE.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DDNMOBILE.COM.
Disclaimer of Warranties
THE DDNMOBILE.COM WEB SITE AND SERVICES (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DDNMOBILE.COM WEB SITE OR SERVICES SUCH AS MESSAGES AND MATERIALS SENT VIA THE SERVICES AND DOWNLOADABLE ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DDNMOBILE.COM HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. ADDITIONALLY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DDNMOBILE.COM DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE DDNMOBILE.COM WEB SITE AND SERVICES, INLCUDING, WITHOUT LIMITATION, THAT THE DDNMOBILE.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE, OR THE SERVICES, CONTENT OR DOWNLOADABLES, WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, DDNMOBILE.COM AND ITS SUBSIDIARIES, SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH DDNMOBILE.COM OR ITS AGENTS. DDNMOBILE.COM MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS.
YOU UNDERSTAND THAT WHEN USING THE WEB SITE OR ANY OF THE SERVICES YOU MAY BE EXPOSED TO CONTENT AND USER-SUBMITTED MATERIALS FROM A VARIETY OF SOURCES, AND THAT DDNMOBILE.COM IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR SUBMITTED MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR SUBMITTED MATERIALS THAT ARE 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 DDNMOBILE.COM WITH RESPECT THERETO.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DDNMOBILE.COM OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. DDNMOBILE.COM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, WIRELESS DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, SOFTWARE APPLICATIONS OR AUDIO FROM THE SITE OR SERVICES OR YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR ANY OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY OF THE DDNMOBILE.COM SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DDNMOBILE.COM OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE DDNMOBILE.COM WEB SITE OR SERVICES OR ANY OF THE DOWNLOADABLES EVEN IF DDNMOBILE.COM OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL DDNMOBILE.COM'S OR ITS SUBSIDIARIES' OR AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO DDNMOBILE.COM FOR YOUR USE OF THE PARTICULAR SERVICES TO WHICH THE APPLICABLE CLAIM OR DAMAGE RELATES DURING THE CALENDAR QUARTER DURING WHICH THE CLAIM AROSE.
Changes to Agreement
DDNMOBILE.COM reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Site. Changes in this Agreement will be effective when posted. Your continued use of the Site or Services after any changes to this Agreement are posted will be considered acceptance of those changes.
Termination
DDNMOBILE.COM may terminate, change, suspend, impose limits on, or discontinue any aspect of the DDNMOBILE.COM Web Site or the DDNMOBILE.COM Services or certain features thereof at any time, without notice or liability. DDNMOBILE.COM maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
General Provisions
THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND DDNMOBILE.COM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK, AND YOU AGREE TO SUBMIT TO SUCH JURISDICTION.
Applicable Laws
We control and operate the DDNMOBILE.COM Web Site from our offices in the United States of America. We do not represent that materials on the DDNMOBILE.COM Web Site are appropriate or available for use in other locations. Persons who choose to access the DDNMOBILE.COM Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Customer Care
If you have a question or complaint about the DDNMOBILE.COM Sites or Services, please contact us at:
Email: support@ddnmobile.com
COPYRIGHT NOTICE
Copyright © REMLAB INC
All rights reserved.
TRADEMARK NOTICE
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or the Services are registered and unregistered Trademarks of DDNMOBILE.COM and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by DDNMOBILE.COM that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site or Services without the written permission of DDNMOBILE.COM or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or Services is strictly prohibited. DDNMOBILE.COM will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.