Terms and Conditions
BY ENTERING OR USING mobiime® ("mobiime.com" OR "WE") WEBSITE (THE "WEBSITE"), YOU
("YOU" OR THE "USER") ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS REGULATING
YOUR USE OF THE WEBSITE AND OF ANY SERVICES AVAILABLE ON THE WEBSITE ("THE SERVICES").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ENTER OR USE
THE WEBSITE OR USE ANY OF THE SERVICES.
mobiime® provides services for making and sending videos, picture files and sound
files from the website to emails and cell phones.
mobiime® BEARS NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO ANY OF THE CONTENT, ACTIVITIES,
OPERATIONS AND OTHER ACTIONS OF THE OTHER WEBSITES, AND ANY ACCESS BY A USER TO
ANY OTHER WEBSITE AND/OR USE OF SUCH OTHER WEBSITE'S CONTENT, ACTIVITIES, OPERATIONS
ARE AT THE ABSOLUTE SOLE RESPONSIBILITY OF THE USER.
SPECIFICALLY, VARIOUS COUNTRIES AND JURISDICTIONS THROUGHOUT THE WORLD SET DIFFERENT
LAWS, RULES AND REGULATIONS REGARDING ON-LINE ACCESS TO WEBSITES OPERATING IN SUCH
FIELD OF OPERATIONS, AND ACTUAL PARTICIPATION IN SUCH ACTIVITIES. THE USER ALONE
IS RESPONSIBLE AT ALL TIMES TO ENSURE HIS OR HER COMPLIANCE WITH ALL SUCH LAWS,
RULES AND REGULATIONS AS THEY APPLY TO HIM OR HER, AND NOTHING HEREIN OR ELSEWHERE
IN THE WEBSITE AND/OR ANY SERVICE OR INFORMATION PROVIDED BY, ON BEHALF OR ABOUT,
MOBIIME SHALL BE DEEMD TO IMPLY THAT mobiime® PROVIDES ANY REPRESENTATION OR WARRANTY
WITH RESPECT TO ANY LEGAL OR REGULATORY ASPECTS OF THE OTHER WEBSITES' SERVICES,
OPERATIONS AND ACTIVITES AND/OR THE USER'S ACCESS TO ANY OTHER WEBSITE AND/OR USE
AND/OR PARTICIPATION IN SUCH OTHER WEBSITES' ACTIVITIES.
YOU ARE CAUTIONED AND ADVISED TO CONSIDER AND CONFIRM AT ALL TIMES THE SERVICES,
OPERATIONS, SOLICITATIONS AND PROPOSALS MADE BY ANY PERSON OR ENTITY WITH RESPECT
TO ANY mobiime® ACTIVITIES, THE LEGALITY OF SUCH OPERATIONS AND/OR THE LEGALITY OF
YOUR OWN PARTICIPATION IN SUCH ACTIVITIES.
The visit and/or use of this website (including all Content available through the
mobiime® domain name and the "mobiime® Website"), provides a consent to the terms
of mobiime®'s privacy notice, which are published at www.mobiime.com and which are
incorporated herein by reference.
You must be at least 18 years old to be eligible to use any of mobiime services.
If you are at least 13 years old but younger than 18, you may use the mobiime® services
if you have your parents' or guardians' prior permission. No one under age 13 may
use the mobiime® services under any circumstances. By clicking the "Sign Up" button
you are representing that you are at least 18, or that you are at least 13 years
old and have your parents' permission to register for the services.
Access to the Website and use of any of the Services is limited to only such persons
who may do so under the laws of the country(ies) and/or jurisdiction(s) to which
they are subject. It is the User's sole and absolute responsibility to verify and
confirm his or her legal eligibility to access the Website and/or make use of any
of the Services. Without derogating from the above, the User must be a natural person
who is a resident and citizen of country/jurisdiction allowing access to the Website
as well as use of all of the Services. Access to the Website and use of any of the
Services is limited to only such persons who are of at least 13 years of age.
Disclosures of your information
mobiime® does not give, sell, rent, share, or trade any identifiable personal information
regarding Users to any third party, with the exception of third-party contractors
and service providers who work with mobiime® to provide the Services. mobiime® may
share non-personal aggregate or summary information regarding Users with partners
or other third parties. We can - and you authorize us to - disclose personal information
to local, state, or federal law enforcement officials when required to do so by
public authorities or when we believe in good faith that the law requires such disclosure.
Users are and may from time to time be required to provide information about themselves.
You are required to provide only fully accurate information relating to yourself
such as and including name, age, place of residency or citizenship, email address,
etc. You may not provide any information about any other person but rather only
about yourself, and you may not access the Website and/or make use of any of the
Services except under your own details.
contribute video content, photos, data, information, comments, and any other materials
or services on the Website.
Please be aware that mobiime® Website may contain links to third party websites that
are not owned or monitored by mobiime®. Accordingly, mobiime® has no control over,
and shall not assume any responsibility whatsoever for, the content, privacy policies,
or practices of any third party websites. Moreover, mobiime® will not and cannot
censor, edit or alter in any way the content of any third-party site. In accordance
thereto, please be aware of all the aforementioned when leaving the mobiime® Website.
The Website and/or the Services may include information about activities, operations,
Other Websites, etc. While the intention is to provide accurate and up to date information,
we are not taking responsibility for any such information for any purpose whatsoever
and any use thereof as at the Users' sole and absolute responsibility. Further,
information may include objectionable or inappropriate material, by accessing the
Website and/or making use of any Service, you undertake full responsibility for
determining whether the information complies with your needs or sensitivities. Specifically,
the Website and/or the Services and/or any software downloaded to your computer
may include advertisements and promotions relating to both mobiime® and other persons
and entities in any field of business.
mobiime® licenses the User to view, download, save and print the content of the mobiime®
website, provided that such content is used for private, personal, educational and/or
non-commercial purposes only or to view, download, save and print this agreement
for legal and/or evidential purposes.
Content from the mobiime® website may not be used or exploited by Users for any commercial
and non-private purposes without the prior written consent of mobiime®.
A. mobiime® hereby grants you permission to use the Website, in accordance with these
any part of the Website in any medium without mobiime's prior written approval;
(ii) you are to use the Website solely for your personal, noncommercial use; (iii)
you are not to change or modify any part of the Website except as may be reasonably
required for using the Website for its specific purpose; and (iv) you are to comply
B. In order to open an account with mobiime, the user must complete the registration
process by providing mobiime® with current, complete and accurate information as
prompted by the registration page. Inaccurate, false or misleading details will
result in suspension. You are prohibited from using a Member's Account that is not
your own. You shall be solely responsible for any activity made through your Member
Account. You must notify mobiime® immediately of any breach of security or any unauthorized
use of your Member Account. mobiime® shall not be liable for any loss caused by any
unauthorized use of your account; however, you may be held liable for the losses
of mobiime® or others due to such unauthorized use.
C. You hereby grant your consent not to use any robot, spider or other automatic
devices, in order to monitor Content. Notwithstanding the above, the operators of
public search engines are permitted by mobiime® to use spiders to copy materials
for the exclusive purpose of creating publicly available searchable indices of the
materials; however, there is no permission to use the spiders for creating caches
or archives of such materials. mobiime® reserves the right to revoke these exceptions,
both in specific cases and generally.
Intellectual Property Rights
The content on the mobiime® Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos included in that respect ("Marks"), are owned by or licensed
to mobiime®, all under the conditions of copyright and other intellectual property
rights under Mexico and foreign laws and international conventions. It is hereby
emphasized that you are to accept the Content on the mobiime® Website AS IS. The
Content is provided for your information and personal use only and it is not to
be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed,
or used for any other purposes whatsoever without the prior approval, in writing,
of the corresponding owners. mobiime® retains all rights not expressly granted in
and to the Website and the Content. You hereby grant your consent not to engage
in the use, copying, or distribution of User Submissions of third parties obtained
through the Website for any commercial intentions. You must retain all copyright
and other ownership notices in order to download or print a copy of the Content
for use. You hereby grant your consent not to circumvent, interfere or disable in
any way the security related features of the mobiime® Website or its Content.
Messages and Storage
mobiime® assumes no responsibility/liability for the failure to store information
regarding users information, contact list and/or recently transmitted messages.
mobiime® reserves the right in the future, at its sole discretion, with prior notification
to limit the amount of text messages available to each user.
mobiime® prides itself on the timely delivery of messages, yet messages may be delivered
late due to network traffic or queuing, resulting in sometimes late messages.
A. The mobiime® Website may allow submissions of written or photographic material,
videos or any other communications or content submitted by you or other users ("User
Submissions"), now or in the future, together with the sharing, hosting, and/or
publishing of such User Submissions. mobiime® does not guarantee any confidentiality
regarding User Submissions, whether or not they are published. Be aware that if
your User Submissions includes personal information, such as your name, email address,
etc., other Users will have access to it and it will not be protected Personally
B. You are solely responsible for your User Submissions, as well as the consequences
of their posting or publishing. Regarding User Submissions you confirm, represent,
and/or warrant that you own or have the following: (i) the necessary licenses, rights,
authorizations and approvals to use and approve mobiime® to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
that will enable inclusion and use of the User Submissions in the manner intended
permission of each identifiable person in the User Submission to use the name or
similarity of each such identifiable individual in order to allow inclusion and
use of the User Submissions in the manner intended by the Website and these Terms
of Use. It is hereby emphasized that you retain all the ownership rights in your
User Submissions. However, by submitting the User Submissions to mobiime®, mobiime®
receives a worldwide, non-exclusive, royalty-free license, which can be sublicensed
and transferred, to use, distribute, reproduce, prepare derivative works of, display,
and execute the User Submissions in connection with the mobiime® Website and mobiime®'s
(and its successor's) business, including without limitation for promoting and redistributing
part or all of the mobiime® Website, together with any derivative works, in any media
formats and through any media channels. In addition, you hereby provide each user
of the mobiime® Website with a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare derivative works
of, display and carry out such User Submissions as allowed by the functions of the
from the mobiime® Website, the abovementioned license shall terminate immediately.
C. With respect to User Submissions, you further agree not to: (i) present material
that is copyrighted, protected by trade secret or subject to any third party proprietary
rights, including privacy and publicity rights (except in the event that you own
such rights or is allowed to post the material and to provide mobiime® with all of
the license rights granted herein from their rightful owner; (ii) publish misrepresentations
or deceits that potentially may harm mobiime or any third party; (iii) submit material
that is illegitimate, indecent, slanderous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or material that encourages a sort of
behavior that would be considered as criminal offense, be responsible for any civil
liability, transgress any law, or any other material that is in any way improper;
(iv) post commercial ads or solicitations of business; (v) impersonate another person.
(vi) not distribute or post spam, unreasonably large files, chain letters, pyramid
schemes, viruses or any other technologies that may harm the Service, or the interest
or property of the Service users. mobiime expressly disclaims any and all liability
with respect to User Submissions and does not legitimize any User Submission or
any opinion, attitude, recommendation, or advice that it may contain. Copyright
infringing activities any and infringement of intellectual property rights on the
Website are completely forbidden; accordingly, mobiime® will remove all such Content
or User Submissions if properly notified of the infringement on another's intellectual
property rights. mobiime® has the right to remove Content and User Submissions, even
without prior notice. In the event that a User is identified as a repeat infringer
(a User who has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Website more than twice), mobiime® will terminate
his/her access to the mobiime Website. In addition, mobiime® reserves the right to
decide whether Content or a User Submission is appropriate and complies with these
of intellectual property law. Such transgressions may include (but do not constitute
an exhaustive list), pornography, material that is obscene or slanderous, or excessive
length. At any time, without prior notice, and at its exclusive discretion, mobiime®
may remove such User Submissions and/or discontinue a User's access for uploading
D. It is to be especially noted that copyright owners or agents thereof who believe
that any User Submission or other content violates their copyrights, may submit
a notice by supplying our Copyright Agent with certain information in writing.
(i) Identification of the copyrighted work which is claimed to have been infringed,
or, in the event that several copyrighted works at one online site are covered by
one notice, a representative list of such works at that site;
(ii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity, that is to be removed or access to which is to be
denied and information reasonably adequate to allow the service provider to find
(iii) A physical or electronic signature of a person approved to function on behalf
of the owner of an exclusive right that is claimed to be infringed;
(iv) Contact information, in order to enable the service provider to reach you,
such as an address, telephone or cellular number, and , if available, an electronic
E. It is important to emphasize that using mobiime® Website entails being exposed
to User Submissions from a variety of sources. mobiime® shall not be held responsible
for the accuracy, security, usefulness, or intellectual property rights of or connected
to such User Submissions. It is also important that you understand and acknowledge
that you risk exposure to User Submissions that are inaccurate, offensive, or obscene,
and you grant consent to waive, and hereby do waive, any legal or equitable rights
or remedies you have or may have against mobiime® in this respect. Furthermore, you
hereby agree to indemnify and thus acknowledge mobiime, its Owners/Operators, affiliates,
and/or licensors, as harmless to the fullest extent permitted by law, with respect
to all matters relating to your use of the Website.
mobiime® may, in its discretion, monitor use of the Website and/or of any of the
Services, among other things, in order to determine compliance with these Terms
and Conditions and to avoid, to the extent practicable, fraudulent, unlawful or
abusive use of the Services, subject at all times to the disclaimers set forth in
these Terms and Conditions. mobiime® may also intercept and disclose any content,
record, use, data or information, to the extent necessary to protect mobiime®'s rights
and fulfill its obligations (to the extent applicable), including without limitation,
for mechanical or service quality control or to comply with any law, regulation,
or governmental request, all as determined by mobiime® and as permitted by applicable
law. mobiime® may also, in its discretion, review, edit, refuse to post or remove
any material or information submitted or transmitted to the Website and/or any of
the Services. Notwithstanding the foregoing, mobiime® makes no commitment or promise,
and is under no obligation under these Terms and Conditions, to monitor, review,
screen, edit or otherwise control any information or material contributed by any
third party. We reserve the full authority and right, at any and all times, to monitor
the location from which Users are accessing the Website and/or making use of any
of the Services, and we may, at our sole and exclusive discretion and without the
need to provide any explanation, block access to the Website and/or the Services.
YOU HEREBY AGREE THAT YOU USE THE mobiime® WEBSITE AT YOUR OWN RISK. mobiime®, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY RENOUNCE, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE WEBSITE AND
YOUR USE THEREOF. REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT
OR THAT OF ANY SITES LINKED TO THIS SITE, mobiime® MAKES NO WARRANTIES OR REPRESENTATIONS
AND WILL NOT BE HELD RESPONSIBLE FOR ANY (I) ERRORS, FAULTS, OR INACCURACIES IN
THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND, WHICH WERE CAUSED
BY YOUR ACCESS TO AND USE OF mobiime® WEBSITE, (III) ANY UNAPPROAVED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION THEY CONTAIN,
(IV) ANY DISTURBANCE OR TERMINATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V)
ANY BUGS, VIRUSES, OR TROJAN HORSES, OF ANY KIND WHICH MAY BE TRANSFERRED TO OR
THROUGH mobiime®'s WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY MISTAKES OR OMISSION
IN ANY CONTENT OR FOR ANY LOSS OR HARM OF ANY KIND WHICH MAY BE CAUSED BY THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSFERRED, OR IN ANY WAY MADE AVAILABLE VIA THE
mobiime® WEBSITE. mobiime® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY
FOR ANY GOODS OR SERVICES ADVERTISED THROUGH THE WEBSITE OR OFFERED BY A THIRD PARTY
THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING. IN ADDITION, mobiime® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN THIS RESPECT YOU ARE EXPECTED TO USE YOUR BEST JUDGMENT AND DISCRETION AND EXERCISE
CAUTION, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
Limitation of Liability
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
IN THE APPLICABLE JURISIDICTION. IT IS HEREBY CONFIRMED THAT mobiime®, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE HELD LIABLE TO YOU, IN ANY EVENT,
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ERRORS, OMISSIONS, OR INACCURACIES
IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, CAUSED BY YOUR
ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAPPROVED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEY
CONTAIN, (IV) ANY BUGS, VIRUSES, OR TROJAN HORSES OF ANY KIND WHICH MAY BE TRANSFERRED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR THE LIKE CAUSED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSFERRED, OR OTHERWISE MADE AVAILABLE VIA
THE mobiime® WEBSITE, BASED ON WARRANTY, CONTRACT, TORT, OR THE LIKE, AND WHETHER
OR NOT THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT mobiime® SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR ANY THIRD PARTY’S DEFAMATORY, OFFENSIVE, OR ILLEGAL BEHAVIOR
AND THAT THE POTENTIAL FOR ANY HARM OR DAMAGE FROM THE FOREGOING SHALL BE ENTIRELY
You hereby grant your consent to defend, indemnify and accept mobiime®, its parent
corporation, officers, directors, employees and agents, as free of any liability,
with respect to any and all claims, damages, losses, liabilities, costs or debts,
and expenses (including but not limited to attorney’s fees) that may be caused by
you committing any of the following: (i) the use of and access to the mobiime® Website;
third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions has damaged a third party.
than 13 years of age, or an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions, obligations,
the above, you affirm that you are over the age of 13, as the mobiime® Website is
not intended for children under 13. If you are under 13 years of age, then do not
use the mobiime® Website.
Termination and Survival
mobiime® reserves the right to terminate this Agreement as to any User violating
the terms of this Agreement. Specifically mobiime® will terminate the accounts and
access to the Service of any User who posts, emails, distributes, submits, or otherwise
makes available through the Service any User Submissions in violation of this Agreement
more than once.
mobiime®'s logos and service names are trademarks or service marks of mobiime® (collectively,
"Marks") or any of its affiliates. The User agrees not to display or use, in any
manner, any of the Marks or copyrighted material without mobiime®'s prior written
consent. Third party trademarks, service marks, logos and trade names which may
appear in the Website or any Other Website or within any materials to which you
may have access as part of the Services are the property of their respective owners.
You hereby agree that (i) the mobiime® Website shall be deemed solely based in Mexico;
and (ii) mobiime® Website shall be deemed a passive website that does not cause personal
jurisdiction over mobiime®, either specific or general, in jurisdictions other than
Mexico, and shall not be subject to its conflict of laws principles. A court of
competent jurisdiction, located in Mexico, shall be the only one deciding any claims
or disputes between you and mobiime®, that arise in whole or in part from the mobiime®
the Website shall constitute the entire agreement between you and mobiime® concerning
the mobiime® Website. If a court of competent jurisdiction decides any provision
or continuing waiver of such term or any other term, and mobiime®'s failure to assert
such right or provision. At any time and without proving any notice, mobiime® shall
of Use, your use of the mobiime® Website will signify your consent to and acceptance
of its revised terms.
YOU AND mobiime® HEREBY MUTUALLY AGREE THAT IN THE EVENT THAT A CAUSE OF ACTION ARISING
OUT OF OR CONNECTED TO THE mobiime® WEBSITE IS NOT COMMENCED WITHIN SIX MONTHS AFTER
THE CAUSE OF ACTION HAS ACCRUED, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.