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PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE (1) CREATING A MOBILE O/X USER ACCOUNT, (2) REGISTERING A “PERSONALIZED DOMAIN” VIA MOBILE O/X [YOU O/X], (3) ADDING LINKS TO YOUR MOBILE O/X [YOU O/X] “PERSONALIZED PAGE,” (4) CREATING A TELLTEXT O/X TEXTING GROUP, (5) SIGNING UP FOR A TELLTEXT O/X TEXTING GROUP, (6) OR OTHERWISE USING TELLTEXT O/X TEXTING SERVICES, AND (7) USING, MODIFYING, CHANGING, ADDING TO, ALTERING ANY SERVICE OFFERED BY MOBILE O/X. YOUR USE OF ANY MOBILE O/X SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement:This Service Agreement (“Agreement”) for use of one or more MobileOX.com Services of Mobile O/X (“Services”), is between Mobile O/X and the user (“you” or “your”). This Agreement sets forth the terms of service under which Mobile O/X agrees to provide, and you agree to use, the Services.
Description of Service:Mobile O/X provides you to use one or more of MobileOX.com Services. The Services can be accessed through the Internet.
Right to Modify / Terminate Terms of Service:Mobile O/X may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by publishing the changes on the website http://www.MobileOX.com. In the event Mobile O/X modifies these Terms of Service, you may terminate your use of any or all of the Services. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service. Mobile O/X may also terminate your use or right to use any or all of the Services at any time for any reason. Mobile O/X reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mobile O/X shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any or the Services for any reason.
Personal Information and Privacy:Personal information you provide to Mobile O/X through the Service is governed by Mobile O/X's Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Mobile O/X Privacy Policy. You are responsible for all activities that occur in your Account and you agree to notify Mobile O/X immediately of any unauthorized account use at admin@PeopleOX.com. EzraCreative is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and / or use of your Member Account, or otherwise.
Restriction of use:In addition to all other terms and conditions of this Agreement, you shall not: (i) rent, lease, license, sublicense, distribute, transfer or otherwise make available to any third party the Services (ii) modify or make derivative works based on the Services (iii) use the Services to promote PORNOGRAPHY IN ANY FORM, GAMBLING, HATE, ALCOHOL, TOBACCO, OR TO NETWORK WITH MINORS. Furthermore, any links to sites that promote these activities will result in immediate termination of Services.
Spamming and Illegal Activities:You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the service for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email or texts. Mobile O/X reserves the right to terminate the Services if Mobile O/X believes that you have used the Services for any illegal or unauthorized activities.
Trademark:EzraCreative, Mobile O/X, You O/X, TellText, TellText O/X, Journal O/X, Contacts O/X, Life O/X, the names of different Mobile O/X Services and their logos are trademarks of EzraCreative. EzraCreative reserves all rights. You agree not to display or use, in any manner, the EzraCreative trademarks, without EzraCreative’s prior permission.
Disclaimer of Warranties:YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MOBILE O/X EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBILE O/X MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THOUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCREATION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OR THE SERVICES OR THE DOWNLOAD OF ANY SUCH MERTERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MOBILE O/X, ITS EMPLOYEES OR REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability:TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBILE O/X BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MOBILE O/X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOBILE O/X RELATED TO THE SERVICES SHALL BE CANCELLATION OF THE SERVICES. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
Indemnification:You agree to indemnify and hold harmless Mobile O/X, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violation of any provisions of these Terms of Service, or other claim related to your use of the Services.
Arbitration:Any controversy or claim arising out of or relating to the Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Nothwithstanding anything to the contrary, Mobile O/X may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Termination:You agree that Mobile O/X may terminate your Member Account and access to the Services for any reason. Cause for such termination may include but not be limited to breaches or violation of these Terms of Service or the Mobile O/X Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Mobile O/X Account includes elimination of access to the Service, deletion of your account information such as your Cell Phone Number ID and Password and deletion of data in your Member Account as permitted or required by law.
END OF TERMS OF SERVICEIf you have any questions or concerns regarding this agreement, please contact us at agreement@PeopleOX.com.