Terms of Service < back  

MobileChat for the iPhone is owned and operated by Mobile Apps, Inc. and is designed to work in conjunction with a server gateway owned and operated by MobileApps. By purchasing MobileChat on Apple's AppStore, and in using the MobileChat application, you hereby agree to be bound by the terms and conditions as set forth herein.

Acceptance of Terms

1. By (a) using this Website (the "Site") or any other websites of MobileChat or Mobile Apps, Inc., its affiliates or agents ("MobileApps") with links to these Terms of Use (the "General Terms") in any way, including using, transmitting, downloading or uploading any of the products or services ("Products and Services") or materials made available or enabled via the Site by MobileApps or users of the Site, or (b) merely browsing the Site, you agree to these General Terms and the MobileChat online Privacy Policy, which is incorporated herein by reference. For the purposes of these General Terms, Products and Services shall include (i) software code and assorted documentation ("Software"), (ii) MobileChat updates for the MobileChat application, (iii) servers and software made available by way of the MobileChat application, in each case as made available or enabled by MobileApps or users of the Site. Any violation of the Terms set forth herein will result in the termination of your continued ability to utilize MobileChat, the Site, as well as any affiliated Products and Services, and will not entitle you to any refund whatsoever, regardless of the circumstances.

2. You may not use the Products and Services, or accept the General Terms, if (a) you are younger than thirteen (13) years of age, or (b) you are prohibited by law from receiving or using the Products and Services.

3. MobileApps makes certain Products and Services available only if you have purchased the MobileChat application or have provided MobileChat with certain Personal Identification Information (as defined in the MobileChat Privacy Policy) and/or created a username and password (collectively "Account Information"). Some additional Products and Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service ("Additional Terms"). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as "Terms."

4. MobileApps may change the Terms from time to time at its sole discretion and without forewarning, including by imposing an additional charge for access to or use of a Product or Service. If such changes are made, MobileApps will make a new copy of the General Terms available on the Site. MobileApps may require you to provide consent to the updated Terms in a specified manner before further use of the Products or Services is permitted. Otherwise, your continued use of the Site or any affected Product or Service constitutes your acceptance of such changes. Your use of the Site, Products and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Product or Service, at the time of such use. Please check the Site regularly for updates to these Terms and to review the currently controlling Terms.

5. Products and Services provided by third parties, whether in conjunction with or independently of the MobileChat application, are governed by separate agreements accompanying such Products and Services.

Use of Site, Products and Services

1. Unless expressly agreed to by and between you and MobileApps, MobileApps has no obligation to store any materials that you upload, post, e-mail, transmit or otherwise make available through your use of the Site or via the Services ("Your Content"). MobileApps has no responsibility or liability for the deletion or accuracy of any of Your Content, the failure to store, transmit or receive transmission of Your Content, or the security, privacy, storage or transmission of other communications originating with or involving your use of the Products and Services, other than as set forth in the MobileChat Privacy Policy. You agree that MobileApps retains the right to create limits on the use of Your Content, such as limits on the size or amount of material posted on the Site, the type of information posted on the Site, or any other limits MobileApps determines at their sole discretion to be reasonable.

2. MobileChat and the Site are designed to encourage users to post and share content with other users and MobileChat. By posting any of Your Content to the Site or via any MobileChat application, Product or Service, you agree that you will not post any content which is: (a) illegal; (b) is obscene, pornographic, excessively violent or offensive; (c) infringes the copyrights, trademark, patents or any other proprietary right of any third party; (d) protected by the intellectual property rights of the United States or the laws of any other competent jurisdiction where you do not have the right to publish such material under applicable law or by contractual agreement; or (e) contains any software which is likely or designed to cause damage to any computers, software or hardware. By sending any such material through MobileChat or MobileChat's application or software, the user acknowledges that they are solely responsible for all content and accepts all liabilities arising out of or related to the distribution, posting, or sending of any such content, including those arising from such content's existence or usage.

3. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify MobileApps immediately. You may not use another person's Account Information. MobileChat may require that you change your Account Information or certain parts of your Account Information at any time and for any reason.

4. You agree to use the Products and Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) ("Law").

5. You agree not to access or attempt to access any of the Products or Services by any means other than the interface provided by MobileApps.

Ownership

1. The Site, MobileApps' Products and Services, and all other content generated by MobileChat, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided for in the Terms, MobileApps and its supplies do not grant any express or implied rights to use the Site, Products or Services, or any related MobileChat content.

2. The trademarks, logos, and service marks displayed on the Site (the "Marks") are the property of MobileApps or third parties. You are not permitted to use the marks without the prior consent of MobileApps or the third party that may own the Marks. MobileChat and the MobileChat logo are the trademarks of Mobile Apps, Inc..

Use of Software

1. Any Software that is made available via the Site is the property of MobileApps and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Other license terms may only be posted with the Software downloads, at the Site page where the Software can e accessed, or on the owner of such Software's own webpage. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software, provided that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within the accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

2. If no license agreement accompanies the Software, use of the Software will be governed by the Terms. MobileChat grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the Software for the sole purpose of enabling you to use the Services as provided by MobileChat, in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the software is permitted to the extent the laws of the jurisdiction where you are located given you the right to do so to obtain information necessary to render the software interoperable with other software, provided, however, that you must first request the information from MobileApps, and MobileApps may, at its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on the use of the Software to ensure that MobileApps' Intellectual Property Rights in the Software are protected. Unless MobileApps has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Use of MobileChat Materials, User Content and Shared Group Content

1. Except as indicated to the contrary in any application Additional Terms, MobileApps hereby grants you a license to view, download and print any materials provided by Users ("User Content"), subject to the following conditions:

a. You may access and use the MobileChat materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
b. You may not modify or alter the MobileChat materials or User Content;
c. You may not remove any text, copyright or other proprietary notices contained in the MobileChat materials or User Content.

2. MobileApps reserves the right to revoke the authorization to view, download and print the MobileChat materials and User Content at any time, and any such use shall be discontinued immediately upon notice from MobileChat.

3. Software is subject to the additional provisions governing Software set forth herein.

4. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated, in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by MobileApps.

User Conduct

1. You agree that you, not MobileApps, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available on the Site or via the Services, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.

2. You hereby represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the licenses described in the Terms; and (c) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.

3. Any user of MobileChat's Site, Products or Services who distributes content hereby acknowledges and agrees that they are the licensed controller of such content and accept full liability for the existence of such content on the Site and on MobileChat's network.

4. You acknowledge and agree that by accessing or using the Site, Products or Services, you may be exposed to materials from other users that may be considered offensive, indecent, or otherwise objectionable.

5. You agree not to use, or encourage or permit others to use, the Site or Services to:

a. Stalk, intimidate, and/or harass, or advocate any of the same, of any person or entity;
b. Violate any locate, state, federal or international Law or statute;
c. Aid, in any manner, any terrorist organization as defined by the United States government under Section 219 of the Immigration and Nationality Act, or otherwise incite others to commit any violent act;
d. Distribute any unsolicited mailings, messages, or content (e.g., "spam");
e. Harm minors in any way;
f. Make available any material that you do not have a right to make available under any Law or contractual or fiduciary relationship;
g. Make available any material that infringes any Intellectual Property Rights of any party;
h. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
i. Use the Site, Products or Services such that it will mislead a user into believing that they are interacting directly with MobileChat;
j. Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
k. Access or use the Site, Products or Services in any manner that could damage, disable, overburden or impair any MobileChat server or the networks connected to any MobileChat server;
l. Interfere with or disrupt the Site, Products or Services or violate any applicable Laws related to the access to or use of the Site, Products or services, violate any requirements, procedures, policies or regulations of networks connected to the Site, Products or Services, or engage in any activity prohibited by the Terms;
m. Disrupt, interfere with, or inhibit any other user from using and enjoying the Site, Products or Services, or other affiliated or linked sites or services;
n. Access or attempt to access any material that you are not authorized to access through any means not intentionally made available through the Site, Products or Services;
o. Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless explicitly authorized to do so by MobileApps;
p. Reproduce, sell trade, resell or exploit for any commercial purpose, any portion of the Site, the Products or the Services, use of any Products or Services, or access to any Products or Services;
q. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Site, Products or Services; or,
r. Perform or attempt to perform any activity considered illegal under the user's local Laws or any other applicable Laws, whether of the United States or any other applicable jurisdiction.

Investigations

1. MobileApps may, at its sole discretion, monitor or review the Products and Services at any time. Without limiting the foregoing, MobileApps shall have the right, at its sole discretion, to remove any of Your Content for any reason, including if it violates any Terms or any applicable Law.

2. MobileApps reserves the right to monitor user activity occurring in connection with the Site, Products and Services. Although it is not customary for MobileApps to engage in such activities, MobileApps will monitor such activities in cases including, but not limited to, situations where users have violated the Terms or any applicable Laws, and MobileApps may, at its sole discretion, immediately terminate your license to the Site, Products or Services, in whole or in part, without prior notice.

3. If MobileApps discovers, or has a reasonable basis of belief for, any criminal activity in connection with the use of the Site, Products or Services, MobileApps reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, MobileApps is entitled to disclose any information or materials, including Your Content or account information, in MobileApps' possession in connection with your use of the Products or Services, in order to (a) comply with applicable Law, legal process or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the Terms or rights of third parties; (d) respond to your rests for customer service; or (e) protect the rights, property or personal safety of MobileChat, its users or the public, and law enforcement or other government officials, as MobileApps in it sole discretion believes necessary and appropriate.

Use of Your Content

1. MobileApps does not claim any ownership rights in or to Your Content. However, except as provided under "Use of Your Content," (2) below, you grant MobileApps worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content, in whole or in part, and to incorporate Your Content into other materials or works in any format or medium now known or later developed.

Suggestions

1. By submitting ideas, suggestions, documents and/or proposals ("Suggestions") to MobileApps through its suggestion, feedback, or similar web pages, you acknowledge and agree that (i) your Suggestions do not contain the confidential or proprietary information of your own or of third parties; (ii) MobileApps is not under any obligation of confidentiality with respect to the Suggestions; (iii) MobileApps, in its discretion, shall be entitled to use and disclose such Suggestions for any purpose and in any media worldwide; (iv) MobileApps may have something similar to the Suggestions already under consideration; and (v) the Suggestions automatically become MobileApps' property without any obligation to you.

Exploitation Rights of Your Content

Except for Your Content subject to provisions under Use of Your Content above, you agree that MobileApps may derive revenue from Your Content that you make available via the Products and Services without payment to you. For example, MobileChat may display MobileApps's own and/or third party advertisements and/or other information adjacent to or included with the Products and Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements

Links

The Site, Products and Services may include links that will take you to external sites ("Linked Sites"). The Linked Sites are provided by MobileApps to you as a convenience and the inclusion of the links does not imply any endorsement by MobileApps. MobileApps has no control of the Linked Sites and you agree that MobileApps is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.

Modifications to Site and/or Products and Services

MobileApps may at any time modify or discontinue the Site, Products or Services, or any portion thereof, with or without notice. You agree that MobileApps shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Products or Services.

Termination

1. The Terms will continue to apply until terminated by either you or MobileApps as set forth below.

2. If you want to terminate your agreement with MobileApps, you may do so by (i) notifying MobileApps at any time as provided for herein, and (ii) closing your accounts for all of the Products or Services pursuant to your user contract with MobileChat. Your notice should be sent, in writing, to MobileApps address set forth below or via the e-mail address provided herein.

3. MobileApps reserves the right to terminate its agreement with you if:

a. You have breached any provision of the Terms (or indicate a likelihood that you do not intend to, or are unable to, comply with the Terms);
b. MobileApps is required to do so by Law;
c. The provision of the Products or Services to you by MobileApps is, in MobileApps's sole opinion, no longer commercially viable;
d. MobileApps has elected to discontinue the Site, Products or Services, or any part thereof; or
e. There has been an extended period of inactivity in your account.

4. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Products or Services; (b) deletion of Your Content and account information, including your personal information, username and password, and related information, files and Your Content associated with or inside your account, or any part thereof; and (c) barring of further use of the Products or Services.

5. You agree that all terminations for cause shall be made at MobileApps's sole discretion and that MobileApps shall not be liable to you or any third party for any termination of your account or removal of Your Content from the Site, or access to the Site, Products or Services, including Your Content.

6. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Site, Products and Services. However, the provisions set forth in the following sections shall survive any termination of the Terms.

Disclaimer of Warranties

YOU CONFIRM THAT YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE SITE, PRODUCTS AND SERVICES ARE PROVIDED BY MOBILEAPPS "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOBILEAPPS MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILECHAT OR THROUGH OR FROM USE OF THE PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

2. MOBILEAPPS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE, PRODUCTS OR SERVICES, OR YOUR PARTICIPATION IN ANY PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PRODUCTS OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MOBILECHAT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE PRODUCTS OR SERVICES.

3. MOBILEAPPS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. MOBILECHAT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

4. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED MOBILECHAT SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF MOBILECHAT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILEAPPS WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MOBILECHAT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

5. MOBILEAPPS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USERNAME, PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

International Users

1. This Site can be accessed from countries around the world and may contain references to Products and Services that are not available in your country. These references do not imply that MobileApps intends to announce such Products or Services in your country.

2. This Site is controlled, operated and administered by MobileApps from its offices in the United States. MobileApps makes no representation that the Site, Products or Services are appropriate or available for use at other locations outside the United States, and access to the Site from jurisdictions where the Site, Products or Services are illegal is prohibited. MobileApps reserves the right to block access to the Site, Products or Services by international users. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws.

Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MOBILEAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MOBILEAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE MOBILEAPPS' LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MOBILEAPPS OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

Copyright Infringement

1. MobileApps respects the Intellectual Property Rights of third parties and expects users to do the same. MobileApps will respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act ("DMCA") and MobileApps' response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.

2. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the MobileChat Site, on sites linked to or from this Site, or in connection with the Products or Services, please provide, pursuant to the DMCA, written notification via regular mail or via fax of claimed copyright infringement to MobileApps's copyright agent, which must contain all of the following elements: a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; b. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; c. A description of where the content that you claim is infringing is located on the Site; d. Information sufficient to permit MobileApps to contact you, e.g., your physical address, telephone number and/or e-mail address; e. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and f. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

3. If you believe access to your content was disabled or removed by MobileApps as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to MobileApps' copyright agent, which must contain all of the following elements:

a. A physical or electronic signature of the subscriber;
b. Identification of the material that was removed from the MobileChat Site;
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. Information sufficient to permit MobileApps to contact you; and
e. A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or New York, New York if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

4. MobileApps copyright agent for notice of claims of copyright infringement can be reached as follows: By mail: Copyright Agent Mobile Apps, Inc. 275-D Marcus Blvd, Hauppauge, NY 11788 By email: mcsupport@mobilech.at

Indemnity/Liability

You agree to indemnify and hold MobileApps and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, your use of the Site, Products or Services, your connection to the Site, Products or Services, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Products or Services, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

General

1. Any notice provided to MobileApps pursuant to the Terms should be sent to [Mobile Apps, Inc., 275-D Marcus Blvd, Hauppauge, NY 11788], Attention: General Counsel.

2. MobileChat may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on the Site or within the Products or Services, or other reasonable means now known or hereafter developed.

3. The Terms constitute the entire agreement between MobileApps and you with respect to your access to or use of the Site, Products or Services and supersede any prior agreements between you and MobileApps on such subject matter.

4. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without MobileApps' written consent.

5. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

6. Any failure by MobileApps to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

7. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.

Intellectual Property Information

Copyright Mobile Apps, Inc. 2008, All Rights Reserved. MobileChat is an implied trademark of Mobile Apps, Inc. All other trademarks are property of their respective holders, including, but not limited to:

"AIM" and the running man logo are registered trademarks of America Online, Inc.

"Google Talk" is a registered trademark of Google Inc.

"ICQ" is a registered mark of ICQ, Inc.

"JABBER®" is a registered trademark, and its use is granted under a sublicense from the Jabber Software Foundation.

"MSN" and the butterfly logo are registered trademarks of Microsoft Corporation.

"Yahoo!" and "Yahoo! Messenger" are registered trademarks of Yahoo, Inc.

"MobileChat" and "Mobile Apps, Inc" is not affiliated with or endorsed by America Online, Inc., Google, Inc., ICQ, Inc., Jabber Software Foundation, Microsoft Corp., or Yahoo, Inc.

Comments and Questions

If you have any comments or questions you may contact the customer service department at support@mobilech.at. You may also contact us via mail addressed to [Mobile Apps, Inc, 275-D Marcus Blvd, Hauppauge, NY 11788].