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.com domain name and the "mobiime® Website"), provides a consent to the terms and conditions detailed herein (the "Terms of Use") and the terms and conditions 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.

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.

These Terms of Use apply to all users of the mobiime Website, including users who 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 Terms of Use, subject to the following conditions: (i) you are not to copy or distribute 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 with the terms and conditions of these Terms of Use.

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.

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.

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 message.

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.

User Submissions

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 Identifiable Information.

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 by the Website and these Terms of Use; and (ii) the written consent, release, and/or 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 Website and under these Terms of Use. As soon as you remove or delete a User Submission 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 Terms of Use for any transgressions other than copyright infringement and violations 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 the aforementioned material in violation of these Terms of Use.

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 the material;

(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 mail.

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 ENVIRONMENT.

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 YOUR RESPONSIBILITY.

Indemnity

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; (ii) the violation of any term of these Terms of Use; (iii) the violation of any 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. The obligation in this section will survive these Terms of Use and your use of the mobiime® Website.

To abide by and comply with these terms of use, you affirm that you are either more 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, affirmations, representations, and warranties set forth in these Terms of Use. Notwithstanding 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.

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. These Terms of Use shall be governed by the internal substantive laws of 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® Website. These Terms of Use and any other legal notices published by mobiime® on the Website shall constitute the entire agreement between you and mobiime® concerning the mobiime® Website. If a court of competent jurisdiction decides any provision of these Terms of Use to be invalid, this will not derogate from the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any term of these Terms of Use shall be extended to a further or continuing waiver of such term or any other term, and mobiime®'s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. At any time and without proving any notice, mobiime® shall have the right to amend these Terms of Use and the responsibility to monitor these Terms of Use for changes rests with the User. Following any amendment of these Terms 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.