January 31, 2008
Mo'Blast, Inc. ("Mo'Blast") provides users with access to a collection of location-based services, including various branded applications through its network of properties (including but not limited to OpenLandmark), which may be accessed through various media or devices now known or hereafter developed (collectively, the "Mo'Blast Services").
This Terms of Service Agreement ("TOS") sets forth the legally binding terms for your use of OpenLandmark and affiliated Mo'Blast Services. By using OpenLandmark, you agree to be bound by this TOS. You are only authorized to use OpenLandmark if you agree to abide by all applicable laws and to this TOS. If you wish to become a User, communicate with other Users and make use of OpenLandmark and affiliated Mo'Blast Services, you must read this TOS and indicate your acceptance during the registration process. If you do not agree with it, you should discontinue use of these Mo'Blast Services immediately.
This TOS includes Mo'Blast's policy for acceptable use of OpenLandmark and your rights, obligations and restrictions regarding your use of OpenLandmark and affiliated Mo'Blast Services. In order to participate in certain Mo'Blast Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Mo'Blast Services in which you choose to participate, those additional terms are hereby incorporated into this TOS.
By accepting the terms of this TOS and using OpenLandmark and affiliated Mo'Blast Services, you also understand and agree that OpenLandmark and other Mo'Blast Services may include advertisements and that these advertisements are necessary for Mo'Blast to provide OpenLandmark and other Mo'Blast Services. You also understand and agree that OpenLandmark and affiliated Mo'Blast Services may include certain communications from Mo'Blast, such as service announcements, administrative messages and the Mo'Blast Blogs and Forums, and that these communications are considered part of OpenLandmark User membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance OpenLandmark or other Mo'Blast Services, including the release of new Mo'Blast properties, shall be subject to the TOS.
You understand and agree that OpenLandmark and other Mo'Blast Services are provided "AS IS" and that Mo'Blast assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications, Content or personalization settings. You are responsible for obtaining access to OpenLandmark and affiliated Mo'Blast Services, and you understand that such 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 OpenLandmark and affiliated Mo'Blast Services.
Mo'Blast may modify this TOS from time to time and such modification shall be effective upon posting by Mo'Blast on OpenLandmark's website or on any other applicable Mo'Blast website. You agree to be bound to any changes to this TOS when you use OpenLandmark or affiliated Mo'Blast Services after any such modification is posted. It is therefore important that you review the TOS regularly to ensure you are updated as to any changes.
1. Your Registration Obligations.
By using OpenLandmark or affiliated Mo'Blast Services, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree that: (a) all information you submit during the registration process is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of OpenLandmark or other Mo'Blast Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, incomplete or not current, or Mo'Blast has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, or if Mo'Blast believes that you are under 13 years of age, Mo'Blast has the right to suspend or terminate your account without warning and refuse any and all current or future use of OpenLandmark or any other Mo'Blast Services (or any portion thereof) to you.
2. Term.
This TOS (as may be modified by Mo'Blast from time to time) shall remain in full force and effect while you use OpenLandmark or affiliated Mo'Blast Services. You may terminate your User membership at any time, for any reason. Mo'Blast may terminate your User membership at any time, without warning. Even after use or User membership is terminated, this TOS (as modified by Mo'Blast from time to time) will remain in effect.
3. User Account, Password and Security.
When you sign up to become a User, you will be given an account designation and will also be asked to choose a password. You are solely and fully responsible for maintaining the confidentiality of your password and account and for ensuring that you exit from your account at the end of each session. You are solely and fully responsible for any and all activities that occur under your password or account, and you agree not to use the account, User identity, or password of another User at any time or to disclose your password to any third party. You agree to notify Mo'Blast immediately if you suspect any unauthorized use of your account or access to your password.
You agree that your OpenLandmark or other Mo'Blast account is non-transferable and any rights to your OpenLandmark or Mo'Blast User identities or contents within your account terminate upon your death. Upon receipt by Mo'Blast of a copy of a death certificate, your account(s) may be terminated and all contents therein permanently deleted.
4. Fees and Payments.
Mo'Blast reserves the right to charge fees for future use of or access to OpenLandmark or any other Mo'Blast Services, websites or products, in Mo'Blast's sole discretion. If Mo'Blast decides to charge fees, such charges will be disclosed to you in advance.
5. Proprietary Rights in Content on Mo'Blast.
OpenLandmark and affiliated Mo'Blast Services may now or in the future permit the submission of content, such as text, blogs, photos, videos, audios or other communications ("Content") submitted by you and other Users. Mo'Blast does not claim any ownership rights in the Content that you post while using OpenLandmark or other Mo'Blast Services. After posting your Content while using OpenLandmark or other Mo'Blast Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
By displaying or publishing any Content through OpenLandmark or other Mo'Blast Services, you hereby grant to Mo'Blast a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through OpenLandmark or any other Mo'Blast Services or affiliated websites, as well as on or through services or websites operated by certain Mo'Blast sublicensees. The license you grant to Mo'Blast is non-exclusive, fully-paid and royalty-free, sublicensable and worldwide. This license will terminate at the time you remove your Content from OpenLandmark or other applicable Mo'Blast Services and affiliated websites.
You represent and warrant that: (a) you own the Content posted by you on or through OpenLandmark or other Mo'Blast Services or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through OpenLandmark or other Mo'Blast Services does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through OpenLandmark or other Mo'Blast Services.
OpenLandmark as well as other Mo'Blast Services and affiliated websites contain Content of Mo'Blast ("Mo'Blast Content"). Mo'Blast Content is protected by copyright, trademark, patent, trade secret and other laws, and Mo'Blast owns and retains all rights in the Mo'Blast Content and the Mo'Blast Services. Mo'Blast hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mo'Blast Content (excluding any software code) solely for your personal use in connection with using OpenLandmark or other Mo'Blast Services.
OpenLandmark and other Mo'Blast Services also contain Content of other Users and other Mo'Blast licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through OpenLandmark or any other Mo'Blast Services.
For additional terms and conditions relating to proprietary rights on Content contained on OpenLandmark and other Mo'Blast Services or affiliated websites, including provisions governing claims of infringement of proprietary rights and Mo'Blast's policies relating thereto, see OpenLandmark's Copyright and IP Policy, which is incorporated herein by this reference.
6. User Conduct.
Mo'Blast reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or content made or uploaded by you, or to restrict, suspend, or terminate your access to all or any part of the Mo'Blast Services (including but not limited to OpenLandmark) at any time, for any or no reason, with or without prior notice, and without liability.
Mo'Blast may delete any Content that in the sole judgment of Mo'Blast violates this TOS or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mo'Blast assumes no responsibility for monitoring OpenLandmark or any other Mo'Blast Services for inappropriate Content or conduct. If at any time Mo'Blast chooses, in its sole discretion, to monitor OpenLandmark or any other Mo'Blast Services, Mo'Blast nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Please choose carefully the information you post while using OpenLandmark or other Mo'Blast Services and that you provide to other Users. Mo'Blast assumes no responsibility or liability for material posted by you or other Users. You are solely responsible for the Content that you post on or through any of the Mo'Blast Services (including but not limited to OpenLandmark), and any material or information that you transmit to other Users and for your interactions with other Users. Mo'Blast does not endorse and has no control over the Content. Content is not necessarily reviewed by Mo'Blast prior to posting and does not necessarily reflect the opinions or policies of Mo'Blast. Mo'Blast makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
You are solely responsible for your interactions with other Users of OpenLandmark or other Mo'Blast services. Mo'Blast reserves the right, but has no obligation, to monitor disputes between you and other Users.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through OpenLandmark or other Mo'Blast Services. Mo'Blast reserves the right to investigate and take appropriate legal action against anyone who, in Mo'Blast's sole discretion, violates this provision, including without limitation, removing the offending content from OpenLandmark or other Mo'Blast Services and terminating the User membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Mo'Blast:
1. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Harasses or advocates harassment of another person;
3. Exploits people in a sexual or violent manner;
4. Contains nudity, violence, or offensive subject matter or contains a link to an adult website, gambling website or any website engaged in or promoting illegal activities;
5. Solicits personal information from anyone under 18;
6. Provides any telephone numbers, street addresses, last names, email addresses or personal information of another person without that person's permission;
7. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. Involves, promotes or facilitates the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. Solicits passwords or personal identifying information from other Users for improper or unlawful purposes;
12. Uses sexually suggestive imagery or any other unfair, misleading or deceptive content.
The following is a partial list of the kind of activity that is illegal or prohibited on OpenLandmark and other Mo'Blast websites and through your use of OpenLandmark and other Mo'Blast Services. Mo'Blast reserves the right to investigate and take appropriate legal action against anyone who, in Mo'Blast's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. Interfering with, disrupting, or creating an undue burden on the Mo'Blast Services or the networks or services connected to the Mo'Blast Services;
3. Attempting to impersonate another User or person;
4. Using the account, User identity, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
5. Selling or otherwise transferring your User account;
6. Using any information obtained from the Mo'Blast Services in order to harass, abuse, or harm another person;
7. Using OpenLandmark or other Mo'Blast Services in a manner inconsistent with any and all applicable laws and regulations.
If you become aware of misuse of OpenLandmark or other Mo'Blast Services by any person, please contact Mo'Blast at legal@moblast.com.
7. Privacy.
Use of OpenLandmark and affiliated Mo'Blast Services is also governed by our Privacy Policy, which is incorporated into this TOS by this reference.
8. Interstate Nature of Communications.
When you register with OpenLandmark, you acknowledge that in using OpenLandmark or other Mo'Blast Services to send electronic communications (including but not limited to posts, comments, email, search queries, uploading content, and other Internet activities), you will be causing communications to be sent through Mo'Blast's computer networks, portions of which are located in California and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Mo'Blast's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Mo'Blast Services results in interstate data transmissions.
9. Special Admonitions for International Use.
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 exported from the United States or the country in which you reside.
10. DISCLAIMERS OF WARRANTIES.
Mo'Blast disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed through OpenLandmark or other Mo'Blast Services. Mo'Blast is not responsible for any incorrect or inaccurate Content posted on OpenLandmark or any other Mo'Blast Website or in connection with OpenLandmark or other Mo'Blast Services, whether caused by Users of OpenLandmark or other Mo'Blast Services, by advertisers, or by any of the equipment or programming associated with or utilized in OpenLandmark or other Mo'Blast Services.
Content accessible through OpenLandmark or other Mo'Blast Services may contain links to other websites. Mo'Blast is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mo'Blast. Inclusion of any linked website on the Mo'Blast Services does not imply approval or endorsement of the linked website by Mo'Blast. When you access these third-party sites, you do so at your own risk. Mo'Blast takes no responsibility for third party advertisements which are displayed through OpenLandmark or other Mo'Blast Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Mo'Blast is not responsible for the conduct, whether online or offline, of any User of OpenLandmark or other Mo'Blast Services.
Mo'Blast assumes no responsibility for any error, omission, interruption, failure to store, deletion, defect, delay in operation or transmission, misdelivery, untimely delivery, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content or User communication. Mo'Blast is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mo'Blast Services (including but not limited to OpenLandmark) or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with OpenLandmark or any other Mo'Blast Services.
Under no circumstances shall Mo'Blast be responsible for any loss or damage, including personal injury or death, resulting from use of OpenLandmark or other Mo'Blast Services, from any Content posted on or through OpenLandmark or other Mo'Blast Services, or from the conduct of any Users of OpenLandmark or other Mo'Blast Services, whether online or offline.
OpenLandmark and the other Mo'Blast Services are provided "AS-IS" and as available and Mo'Blast expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mo'Blast cannot guarantee and does not promise any specific results from use of OpenLandmark or other Mo'Blast Services.
THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MO'BLAST AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MO'BLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK). MO'BLAST AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK). MO'BLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK), AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY CONTENT OR LINKS PROVIDED IN THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK).
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
11. LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES SHALL MO'BLAST OR ITS LICENSORS BE LIABLE TO YOU, ANY USER (INCLUDING ANY OF YOUR CUSTOMERS), OR ANY THIRD PARTY ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK), OR ARISING FROM ANY CLAIM RELATING TO THIS TERMS OF SERVICE AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MO'BLAST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK), FROM INABILITY TO USE THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK), OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OPENLANDMARK OR ANY OTHER MO'BLAST SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) OR RECEIVED THROUGH ANY LINKS OR CONTENT PROVIDED IN THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK) OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MO'BLAST SERVICES (INCLUDING BUT NOT LIMITED TO OPENLANDMARK). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Mo'Blast or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. 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 10-11 MAY NOT APPLY TO YOU.
13. Indemnity.
You agree to indemnify and hold Mo'Blast, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of OpenLandmark or other Mo'Blast Services in violation of this TOS and/or arising from a breach of this TOS and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OpenLandmark or other Mo'Blast websites or through OpenLandmark or other Mo'Blast Services causes Mo'Blast to be liable to another.
14. U.S. Export Controls.
Software available in connection with OpenLandmark or other Mo'Blast Services (the "Software") is further subject to United States export controls. No Software may be downloaded from OpenLandmark or other Mo'Blast Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes.
If there is any dispute about or involving OpenLandmark, other Mo'Blast Services or related products, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States governing the State of California, County of Alameda. Either Mo'Blast or you may demand that any dispute between Mo'Blast and you about or involving OpenLandmark or other Mo'Blast Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Mo'Blast from seeking injunctive relief in a court of competent jurisdiction.
16. No Resale of the Services.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of OpenLandmark or other Mo'Blast Services (including your User ID), use of OpenLandmark or other Mo'Blast Services, or access to OPenLandmark or other Mo'Blast Services.
17. General Practices Regarding Use and Storage.
You acknowledge that Mo'Blast may establish general practices and limits concerning use of OpenLandmark or other Mo'Blast Services, including without limitation the maximum number of days that postings or other uploaded Content will be retained by OpenLandmark or other Mo'Blast Services, the maximum disk space that will be allotted on Mo'Blast's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access OpenLandmark or other Mo'Blast Services in a given period of time. You agree that Mo'Blast has no responsibility or liability for the deletion or failure to store any messages and other communications or Content maintained or transmitted by OpenLandmark or other Mo'Blast Services. You acknowledge that Mo'Blast reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Mo'Blast reserves the right to modify these general practices and limits from time to time.
18. Modifications to Services.
Mo'Blast reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, OpenLandmark or any of the Mo'Blast Services (or any part thereof) with or without notice. You agree that Mo'Blast shall not be liable to you or to any third party for any modification, suspension or discontinuance of OpenLandmark or any of the Mo'Blast Services.
19. Termination.
You agree that Mo'Blast may, under certain circumstances and without prior notice, immediately terminate your OpenLandmark or other Mo'Blast account, any associated User identities, and access to OpenLandmark or other Mo'Blast Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to OpenLandmark or other Mo'Blast Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your OpenLandmark or other Mo'Blast account includes (a) removal of access to all offerings within OpenLandmark and other Mo'Blast Services, (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 of further use of OpenLandmark and other Mo'Blast Services. Further, you agree that all terminations shall be made in Mo'Blast's sole discretion and that Mo'Blast shall not be liable to you or any third party for any termination of your account, any associated User identities, or access to OpenLandmark or other Mo'Blast Services.
20. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers or merchants found on or through OpenLandmark or other Mo'Blast Services, 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 or merchant. You agree that Mo'Blast 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 or merchants on OpenLandmark or other Mo'Blast Services.
21. Links.
OpenLandmark or other Mo'Blast Services may provide, or third parties may provide, links to other websites or resources. Because Mo'Blast has no control over such sites and resources, you acknowledge and agree that Mo'Blast 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 Mo'Blast 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.
22. Mo'Blast's Proprietary Rights.
You acknowledge and agree that OpenLandmark and all other Mo'Blast Services and any necessary software used in connection with OpenLandmark and other Mo'Blast Services ("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 OpenLandmark or other Mo'Blast Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Mo'Blast or advertisers, you agree not to modify, rent, lease, loan, sell, reverse engineer, distribute or create derivative works based on OpenLandmark or other Mo'Blast Services or any relevant software, in whole or in part.
23. 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.
24. Notice.
Mo'Blast may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
25. Other.
This TOS is accepted upon your use of OpenLandmark or affiliated Mo'Blast Services and is further affirmed by you becoming a User.
This TOS constitutes the entire agreement between you and Mo'Blast regarding the use of the OpenLandmark and affiliated Mo'Blast Services, superseding any prior agreements between you and Mo'Blast with respect to OpenLandmark and affiliated Mo'Blast Services. You also may be subject to additional terms and conditions that may apply when you use certain other Mo'Blast Services, affiliate services, third-party content or third-party software.
The failure of Mo'Blast to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
This TOS operates to the fullest extent permissible by law. If any provision of this TOS is unlawful, void or unenforceable, that provision is deemed severable from this TOS and does not affect the validity and enforceability of any remaining provisions.
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 OpenLandmark or affiliated Mo'Blast Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
I HAVE READ THIS TERMS OF SERVICE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.