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Terms » Terms of Use
Welcome to DDNMobile, Inc.´s Web site. These Terms of Use
govern your use of www.ddnmobile.com (the "Site") and the services
made available on the Site (the "Services").
DDNMobile is the definitive web-to-mobile community, offering an
extensive catalog of mobile content and the tools you need to
discover, connect and share. By using the Services or visiting
or browsing the Site, you acknowledge that you have read,
understood, and agreed to be bound by these Terms of Use
and any modifications that may be made to these Terms of Use
from time to time. If you do not agree to these Terms of Use,
you should not use the Services or visit or browse the Site.
These Terms of Use constitute a binding legal agreement between you and Remlab Inc. ("DDNMobile," "we," "us," and "our"). Please read them carefully before accessing or using the Site or the Services.
Customer Support
DDNMobile is dedicated to providing high-quality customer service. You may contact our customer service department in the following ways:
Registration
Before you can use certain parts of the Services, you may be required to register as a member through the Site. You must be 14 years of age or older to register as a member and use the Services. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site´s registration form (such information, being the "Registration Data"), and you agree to 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 we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services and the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account and will not sell or otherwise transfer your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and Content and may also disclose user information and Content, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DDNMobile, its users, or the public.
Fees and Payment
Subscriptions and other purchases may be paid by you through a charge to your cell phone bill, by credit card, or using a Paypal account. In order to use the Service, your mobile device(s) must have Internet capabilities to allow you to access and use the Content. You will pay all fees and charges incurred through your account, including, but not limited to, subscription charges and charges for any products or services offered for sale through the Services by DDNMobile or by any vendor or service provider. You will also pay any applicable taxes relating to use of the Services through your account. At its sole discretion, DDNMobile reserves the right at any time to offer subscriptions to the Services at a discount or to provide premiums and promotions as a subscription incentive. All fees and charges will be charged to your cell phone bill, or the credit card or Paypal account provided as part of the registration or purchase process and you agree to pay such charges.
For your convenience and to ensure that your access to the Services remains uninterrupted, DDNMobile will automatically renew your subscription(s) at the expiration of the then-current term. If you elected to pay for the Services by providing DDNMobile with your credit card, DDNMobile will charge your card on file for the cost of another term at the then-current rate using the information you previously provided to us by phone or on our website. Please be aware that you may not be notified in advance of your impending renewal. DDNMobile reserves the right to increase the price of your subscription(s) to the Services upon renewal without notice to you. For subscriptions billed to your cell phone bill, see the Customer Support section above for instructions to cancel your subscription. For subscriptions billed to your credit card or Paypal account, you may contact DDNMobile at any time during your subscription or within 30 days of the date of billing to cancel your subscription. You may request a refund on an initial subscription charge or on a subscription renewal charge within 30 days of the date of billing if you have not downloaded any Downloadable Content under the subscription. In the event you incur an overdraft charge, late fee, or finance charge, DDNMobile may assist you in attempting to reverse the charge but is not responsible for the charge. If you have any questions or concerns regarding a charge or questions regarding the security of using your credit card with DDNMobile's Service, please contact DDNMobile.
Content
The Site and the Services may allow you and other third parties to post data, music, digital files, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "User-Generated Content"). All User-Generated Content, whether publicly posted on or privately transmitted via the Site or the Services, is the sole responsibility of the person from whom the User-Generated Content originated and not of DDNMobile, or its shareholders, directors, officers, or employees. DDNMobile may review and delete any User-Generated Content, in whole or in part, that in the sole judgment of DDNMobile violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. The Site and the Services also include music tones, voice tones and sound fx, premium graphics/screensavers, premium games, and other content that you can download (collectively, "Downloadable Content"). There may be a fee associated with Downloadable Content, and you agree to pay DDNMobile all charges for the Downloadable Content as listed in your order confirmation. DDNMobile does not give refunds for Downloadable Content. Nonetheless, under no circumstances will DDNMobile or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on User-Generated Content or Downloadable Content (collectively, "Content") obtained through the Site or the Services. It is your responsibility to evaluate the Content available through the Services or the Site. Although User-Generated Content will not be pre-screened, we may review it at our discretion and we reserve the right to refuse or delete any Content. Be aware that while the Services are intended for general audiences, because DDNMobile's website contains User-Generated Content, objectionable material may appear on the Site or the Services from time to time. Individuals who are under the age of 18 or who are otherwise prohibited by law to access such content may not access, view or download such content.
Licenses
Unless you post User-Generated Content under the Indie Tracks feature, by posting User-Generated Content you hereby grant (or warrant that the owner of the User-Generated Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the User-Generated Content for any purpose and without acknowledgement to you. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party.
If you post User-Generated Content under the Indie Tracks feature, by posting the User-Generated Content you hereby grant (and you represent and warrant that you have the right to grant) to DDNMobile a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, and delete (in whole or in part) the User-Generated Content in connection with the Site and the Services. The foregoing license is sublicensable by DDNMobile to permit DDNMobile´s users to view, hear, read, stream, download, and link to your User-Generated Content. DDNMobile´s users may not transfer the foregoing rights. At all times you will retain full ownership of your User-Generated Content subject to the non-exclusive rights granted to DDNMobile under these Terms of Use. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party.
Subject to these Terms of Use, including payment, as applicable, DDNMobile grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloadable Content to your mobile device solely for your own non-commercial use. The Downloadable Content may only be downloaded once from your locker. You understand and agree that you may not sell, copy, revise, download, reproduce, modify, publicly display, publicly perform, transfer, distribute, create derivative works from, or otherwise use the Downloadable Content except as expressly provided in these Terms of Use. You understand and agree that you may not authorize, encourage or allow any Downloadable Content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will use your best efforts and take all reasonable steps to prevent any unauthorized reproduction, distribution, and/or other use of them, in whole or in part, and in any medium. You acknowledge that the Downloadable Content is owned by DDNMobile and its licensors, is protected by intellectual property laws, contains valuable confidential information and trade secrets, and that any unauthorized use and/or copying of the Downloadable Content will be harmful to DDNMobile, its content providers, and licensors.
Claims of Copyright Infringement
It is DDNMobile's policy to respond expeditiously to claims of intellectual property infringement. DDNMobile will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, DDNMobile will act expeditiously and remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DDNMobile will terminate access for subscribers and account holders who are repeat infringers.
You may submit a notice electronically by emailing licensing@ddnmobile.com, or in writing. Written notices of claimed infringement should be directed to:
All written notices must include, at a minimum, the following:
When DDNMobile removes or disables access to any material claimed to be infringing, DDNMobile may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although DDNMobile makes no promise to do so. You acknowledge that, in cases where you have supplied infringing Content, DDNMobile may disclose your identity if DDNMobile believes in good faith that such disclosure is required by law.
Any and all counter notifications submitted by the user will be furnished to the complaining party. DDNMobile will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before DDNMobile replaces or restores access to any material as a result of any counter notification.
DDNMobile occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the Service, including your User-Generated Content, if the posting of that User-Generated Content violates these Terms of Use, or if you have violated these Terms of Use.
Usage Guidelines and Restrictions
You agree not to use the Site or the Services to:
Termination
You agree that DDNMobile, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if DDNMobile believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. DDNMobile may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or the Services may be effected without prior notice, and you acknowledge and agree that DDNMobile may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site or the Services. Further, you agree that DDNMobile will not be liable to you or any third party for any modification or termination of your access to the Site or the Services. Even after termination of these Terms of Use, the Sections on Licenses, Usage Guidelines and Restrictions, Termination, Modifications, Disclaimers of Warranties; Limitations of Liability, Indemnity, Governing Law and Arbitration, Release, Claims of Copyright Infringement, and General remain in effect.
Privacy
Any information submitted on the Site or the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.
Modifications
We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in the Terms of Use section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site or the Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Services and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
Disclaimers of Warranties; Limitations of Liability
The Site, the Services, and all Content (including licensed databases) are provided "as is"; DDNMobile and its licensors make no representations or warranties of any kind with respect to the Services, the Content, the Site, or any contents therein. DDNMobile and its licensors assume no liability or responsibility for any errors or omissions in providing the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. DDNMOBILE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, DDNMobile and its licensors do not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
DDNMOBILE´S AND ITS AFFILATES´, SUPPLIERS´, AND THEIR RESPECTIVE OFFICERS´, DIRECTORS´, STOCKHOLDERS´, EMPLOYEES´, AGENTS´, AND REPRESENTATIVES´ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. DDNMOBILE AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. DDNMOBILE´S AND ITS AFFILATES´, SUPPLIERS´, AND THEIR RESPECTIVE OFFICERS´, DIRECTORS´, STOCKHOLDERS´, EMPLOYEES´, AGENTS´, AND REPRESENTATIVES´ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING AND TERMS OFFERED TO YOU BY DDNMOBILE AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Indemnity
You agree to indemnify and hold DDNMobile or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys´ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Services, or Content, including without limitation these Terms of Use.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. DDNMOBILE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not 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 or partners on the Site or the Services.
Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of Washington, as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Products, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party´s rights or property pending the completion of arbitration. By using the Site or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
Release
In the event that you have a dispute with one or more users of the Site or the Services, you release DDNMobile and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliatesfrom claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Gift Memberships
In order to purchase, receive, or make use of DDNMobile´s gift membership service, you must agree to the following terms:
General
DDNMobile´s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from DDNMobile. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. DDNMobile is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and DDNMobile and supersede all prior agreements between the parties regarding the subject matter contained herein.
Please direct any questions regarding these Terms of Use to: termsofuse@ddnmobile.com.
These Terms of Use constitute a binding legal agreement between you and Remlab Inc. ("DDNMobile," "we," "us," and "our"). Please read them carefully before accessing or using the Site or the Services.
Customer Support
DDNMobile is dedicated to providing high-quality customer service. You may contact our customer service department in the following ways:
- Email send mail to support@ddnmobile.com;
Registration
Before you can use certain parts of the Services, you may be required to register as a member through the Site. You must be 14 years of age or older to register as a member and use the Services. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site´s registration form (such information, being the "Registration Data"), and you agree to 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 we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services and the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account and will not sell or otherwise transfer your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and Content and may also disclose user information and Content, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DDNMobile, its users, or the public.
Fees and Payment
Subscriptions and other purchases may be paid by you through a charge to your cell phone bill, by credit card, or using a Paypal account. In order to use the Service, your mobile device(s) must have Internet capabilities to allow you to access and use the Content. You will pay all fees and charges incurred through your account, including, but not limited to, subscription charges and charges for any products or services offered for sale through the Services by DDNMobile or by any vendor or service provider. You will also pay any applicable taxes relating to use of the Services through your account. At its sole discretion, DDNMobile reserves the right at any time to offer subscriptions to the Services at a discount or to provide premiums and promotions as a subscription incentive. All fees and charges will be charged to your cell phone bill, or the credit card or Paypal account provided as part of the registration or purchase process and you agree to pay such charges.
For your convenience and to ensure that your access to the Services remains uninterrupted, DDNMobile will automatically renew your subscription(s) at the expiration of the then-current term. If you elected to pay for the Services by providing DDNMobile with your credit card, DDNMobile will charge your card on file for the cost of another term at the then-current rate using the information you previously provided to us by phone or on our website. Please be aware that you may not be notified in advance of your impending renewal. DDNMobile reserves the right to increase the price of your subscription(s) to the Services upon renewal without notice to you. For subscriptions billed to your cell phone bill, see the Customer Support section above for instructions to cancel your subscription. For subscriptions billed to your credit card or Paypal account, you may contact DDNMobile at any time during your subscription or within 30 days of the date of billing to cancel your subscription. You may request a refund on an initial subscription charge or on a subscription renewal charge within 30 days of the date of billing if you have not downloaded any Downloadable Content under the subscription. In the event you incur an overdraft charge, late fee, or finance charge, DDNMobile may assist you in attempting to reverse the charge but is not responsible for the charge. If you have any questions or concerns regarding a charge or questions regarding the security of using your credit card with DDNMobile's Service, please contact DDNMobile.
Content
The Site and the Services may allow you and other third parties to post data, music, digital files, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "User-Generated Content"). All User-Generated Content, whether publicly posted on or privately transmitted via the Site or the Services, is the sole responsibility of the person from whom the User-Generated Content originated and not of DDNMobile, or its shareholders, directors, officers, or employees. DDNMobile may review and delete any User-Generated Content, in whole or in part, that in the sole judgment of DDNMobile violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. The Site and the Services also include music tones, voice tones and sound fx, premium graphics/screensavers, premium games, and other content that you can download (collectively, "Downloadable Content"). There may be a fee associated with Downloadable Content, and you agree to pay DDNMobile all charges for the Downloadable Content as listed in your order confirmation. DDNMobile does not give refunds for Downloadable Content. Nonetheless, under no circumstances will DDNMobile or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on User-Generated Content or Downloadable Content (collectively, "Content") obtained through the Site or the Services. It is your responsibility to evaluate the Content available through the Services or the Site. Although User-Generated Content will not be pre-screened, we may review it at our discretion and we reserve the right to refuse or delete any Content. Be aware that while the Services are intended for general audiences, because DDNMobile's website contains User-Generated Content, objectionable material may appear on the Site or the Services from time to time. Individuals who are under the age of 18 or who are otherwise prohibited by law to access such content may not access, view or download such content.
Licenses
Unless you post User-Generated Content under the Indie Tracks feature, by posting User-Generated Content you hereby grant (or warrant that the owner of the User-Generated Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the User-Generated Content for any purpose and without acknowledgement to you. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party.
If you post User-Generated Content under the Indie Tracks feature, by posting the User-Generated Content you hereby grant (and you represent and warrant that you have the right to grant) to DDNMobile a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, and delete (in whole or in part) the User-Generated Content in connection with the Site and the Services. The foregoing license is sublicensable by DDNMobile to permit DDNMobile´s users to view, hear, read, stream, download, and link to your User-Generated Content. DDNMobile´s users may not transfer the foregoing rights. At all times you will retain full ownership of your User-Generated Content subject to the non-exclusive rights granted to DDNMobile under these Terms of Use. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party.
Subject to these Terms of Use, including payment, as applicable, DDNMobile grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloadable Content to your mobile device solely for your own non-commercial use. The Downloadable Content may only be downloaded once from your locker. You understand and agree that you may not sell, copy, revise, download, reproduce, modify, publicly display, publicly perform, transfer, distribute, create derivative works from, or otherwise use the Downloadable Content except as expressly provided in these Terms of Use. You understand and agree that you may not authorize, encourage or allow any Downloadable Content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will use your best efforts and take all reasonable steps to prevent any unauthorized reproduction, distribution, and/or other use of them, in whole or in part, and in any medium. You acknowledge that the Downloadable Content is owned by DDNMobile and its licensors, is protected by intellectual property laws, contains valuable confidential information and trade secrets, and that any unauthorized use and/or copying of the Downloadable Content will be harmful to DDNMobile, its content providers, and licensors.
Claims of Copyright Infringement
It is DDNMobile's policy to respond expeditiously to claims of intellectual property infringement. DDNMobile will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, DDNMobile will act expeditiously and remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DDNMobile will terminate access for subscribers and account holders who are repeat infringers.
You may submit a notice electronically by emailing licensing@ddnmobile.com, or in writing. Written notices of claimed infringement should be directed to:
Copyright Compliance Officer Remlab Inc., PO Box 276, Enon Valley, PA 16120
All written notices must include, at a minimum, the following:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Information reasonably sufficient to permit DDNMobile to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When DDNMobile removes or disables access to any material claimed to be infringing, DDNMobile may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although DDNMobile makes no promise to do so. You acknowledge that, in cases where you have supplied infringing Content, DDNMobile may disclose your identity if DDNMobile believes in good faith that such disclosure is required by law.
Any and all counter notifications submitted by the user will be furnished to the complaining party. DDNMobile will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before DDNMobile replaces or restores access to any material as a result of any counter notification.
DDNMobile occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the Service, including your User-Generated Content, if the posting of that User-Generated Content violates these Terms of Use, or if you have violated these Terms of Use.
Usage Guidelines and Restrictions
You agree not to use the Site or the Services to:
- upload, post, e-mail, or otherwise transmit any User-Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contains nudity or any other material that may be considered "adult", libelous, invasive of another´s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail, or otherwise transmit User-Generated Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit User-Generated Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- circumvent any security measure or any payment collection method employed on the Services, or access the Services after your account or access has been terminated by DDNMobile;
- intentionally or unintentionally violate any applicable local, state, national, or international law, "stalk" or otherwise harass another, or collect or store personal data about other users;
- use any automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts);
- frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; or
- cover or obscure banner advertisements on any DDNMobile Web page including your personal profile page.
Termination
You agree that DDNMobile, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if DDNMobile believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. DDNMobile may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or the Services may be effected without prior notice, and you acknowledge and agree that DDNMobile may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site or the Services. Further, you agree that DDNMobile will not be liable to you or any third party for any modification or termination of your access to the Site or the Services. Even after termination of these Terms of Use, the Sections on Licenses, Usage Guidelines and Restrictions, Termination, Modifications, Disclaimers of Warranties; Limitations of Liability, Indemnity, Governing Law and Arbitration, Release, Claims of Copyright Infringement, and General remain in effect.
Privacy
Any information submitted on the Site or the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.
Modifications
We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in the Terms of Use section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site or the Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Services and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
Disclaimers of Warranties; Limitations of Liability
The Site, the Services, and all Content (including licensed databases) are provided "as is"; DDNMobile and its licensors make no representations or warranties of any kind with respect to the Services, the Content, the Site, or any contents therein. DDNMobile and its licensors assume no liability or responsibility for any errors or omissions in providing the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. DDNMOBILE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, DDNMobile and its licensors do not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
DDNMOBILE´S AND ITS AFFILATES´, SUPPLIERS´, AND THEIR RESPECTIVE OFFICERS´, DIRECTORS´, STOCKHOLDERS´, EMPLOYEES´, AGENTS´, AND REPRESENTATIVES´ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. DDNMOBILE AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. DDNMOBILE´S AND ITS AFFILATES´, SUPPLIERS´, AND THEIR RESPECTIVE OFFICERS´, DIRECTORS´, STOCKHOLDERS´, EMPLOYEES´, AGENTS´, AND REPRESENTATIVES´ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING AND TERMS OFFERED TO YOU BY DDNMOBILE AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Indemnity
You agree to indemnify and hold DDNMobile or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys´ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Services, or Content, including without limitation these Terms of Use.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. DDNMOBILE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not 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 or partners on the Site or the Services.
Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of Washington, as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Products, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party´s rights or property pending the completion of arbitration. By using the Site or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
Release
In the event that you have a dispute with one or more users of the Site or the Services, you release DDNMobile and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliatesfrom claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Gift Memberships
In order to purchase, receive, or make use of DDNMobile´s gift membership service, you must agree to the following terms:
- If you purchase a DDNMobile gift membership, you agree to provide to the best of your knowledge true, accurate and complete information about the recipient of the gift (the "Recipient") as prompted by the gift membership form ("Gift Registration Data"). DDNMobile will then create a membership account and notify the Recipient that a DDNMobile Locker has been created on Recipient's behalf and provide the Recipient with an identification code. If DDNMobile has reasonable grounds to suspect that the Gift Registration Data is untrue, inaccurate or incomplete, DDNMobile has the right to suspend or terminate the gift membership account. You acknowledge and agree that DDNMobile will have no liability associated with or arising from your failure to provide accurate Gift Registration Data for the gift membership Recipient.
- Only one Recipient may be designated for each gift membership. Only a designated Recipient may make use of a gift membership account. There is no limit on the number of gift memberships a particular Recipient may receive.
- No substitutions are permitted. By way of example, an accessory may not be substituted for a ringtone of equivalent value.
- Unused portions of gift memberships are nontransferable and nonrefundable.
- The membership term begins on the date the gift membership is purchased and ends on the last day of the purchased term.
- Gift memberships are not redeemable for cash and cannot be returned for a cash refund.
- Recipient permits DDNMobile to provide the donor of Recipient's gift membership with information concerning Recipient's usage of the gift membership.
General
DDNMobile´s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from DDNMobile. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. DDNMobile is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and DDNMobile and supersede all prior agreements between the parties regarding the subject matter contained herein.
Please direct any questions regarding these Terms of Use to: termsofuse@ddnmobile.com.