MashMobile Terms of Service - Beta
Last Updated January  13, 2010
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By using the MashMobile software and related software (collectively the "Service") you are agreeing to be
bound by these Terms of Service.

BETA VERSION: You understand that the Service is still in the Beta stage of development and may contain
errors, bugs and other problems. The testing and quality assurances of the Service have not yet been
completed and use of the Service is at your sole risk.

MODIFICATIONS TO TERMS OF SERVICE: MashMobile reserves the right, at is sole discretion, to change, modify,
add or remove portions of these Terms of Service at any time. When modified, MashMobile will revise the
"Last Updated" date above. It is your responsibility to check these Terms of Service periodically for
changes. Your continued use of the Service will be subject to the then current Terms of Service, which
shall supersede all earlier versions.

PRIVACY: Your privacy is very important to us. We have designed our Privacy Policy to inform you about how
we collect and use information you post on MashMobile.

DATA FEES: Your use of the Service involves the transmission of data to and from your mobile phone which
may be subject to charges from your wireless carrier. You are solely responsible for any data charges
incurred in connection with your use of the Service.

SERVICE USE POLICIES:
1.  You must be 13 years of age or older to use the Service.
2.  You represent and warrant that the profile information you submit is true and accurate.
3.  You must not, in the use of the Service, violate any applicable laws or regulations in your
    jurisdiction (including but not limited to copyright laws).
4.  You are responsible for any activity that occurs under your MashMobile account.
5.  You are responsible for keeping your password secure.
6.  You must not engage in conduct that is abusive, harassing, threatening, obscene, defamatory or libelous.
7.  You must not promote information that you know to be false or misleading.
8.  You are solely responsible for your conduct and any data, text, information, screen names, graphics,
    photos, profiles, audio and video clips, links, location based information ("Content") that you submit,
    post, and display on the Service.
9.  You must not post Content that contains nudity, violence, or offensive subject matter.
10. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that
    it is associated with MashMobile.
11. You must not create or submit unwanted email or other communications ("spam") to any MashMobile members.
12. You agree that you will only use the Service for personal use and not in connection with any commercial
    endeavors
13. You must not transmit any worms or viruses or any code of a destructive nature.
14. You will not use our trademarks or copyrights without our written permission.

While MashMobile prohibits such conduct and Content, you understand and agree that MashMobile cannot be
responsible for the Content posted through the use of the Service and you may be exposed to objectionable
Content.  If you become aware of any inappropriate Content posted to the Service, please notify MashMobile
by email at info@mashmobile.com.  MashMobile reserves the right to investigate and take action
(including legal action) against anyone who, in MashMobile's sole discretion, violates these Terms of
Service. Such actions may include without limitation removing any offending profile information or
Content, and terminating your access to the Service.  You acknowledge that MashMobile may report to law
enforcement authorities any actions that may be considered illegal, as well as any reports it receives of
such conduct. When requested, MashMobile may cooperate with law enforcement agencies in the investigation
of alleged illegal activity.

CONTENT:
1.  You will retain all ownership rights in Content that you create and then share using the Service and you
    can control how we share your content through your account privacy settings.
2.  When you share or submit Content to MashMobile you specifically give us the following permission, subject
    to our Privacy Policy and your account privacy settings: you grant us a non-exclusive,  royalty-free,
    worldwide license to use that Content on your account’s public web page. You represent and warrant that:
    (i) you own all right title and interest in your Content or otherwise have the right to grant the license
    set forth herein, and (ii) the posting of your Content on or thru the Service does not (and will not)
    violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any
    person. You agree to pay all royalties, license fees and any other monies owning any person by reason
    of any Content posted by you on or thru the Service. You will be solely liable for any damage
    resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other
    harm resulting from any Content.
3.  When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer.
 However, you understand that removed content may persist in backup copies for a reasonable period of time
  (but will not be available to others).


LICENSE TO SOFTWARE: Subject to these Terms of Service, MashMobile will grant to you a limited, personal,
non-exclusive, non-transferable license to use one copy of the MashMobile software provided to you
(the "Software") to create one account on a single wireless device solely to access the Service. Except
for this license granted to you, MashMobile retains all right, title, and interest in and to the Software,
including all related intellectual property rights.  You will not, and will not permit or authorize third
parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create
derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or
disable any security or technological features or measures in the Software.

NOTICES OF COPYRIGHT INFRINGEMENT: MashMobile respects the intellectual property rights of others, and
asks you to do the same. It is the policy of MashMobile to terminate the access privileges of those who
repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the
Service in a way that constitutes copyright infringement, please contact MashMobile at the address below
and provide the following information: (1) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you
claim has been infringed, and identification of the URL or other specific location on the Service where
the material that you claim is infringing is located; (3) your address, telephone number, and email
address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.  Notices of alleged copyright infringement can be sent to:
info@mashmobile.com.

HYPERLINKS TO THE WEBSITE: You are granted a limited, nonexclusive right to create a "hypertext" link to
the MashMobile website provided that such link does not portray MashMobile or any of its products,
services or users in a false, misleading, derogatory, or otherwise defamatory manner. This limited right
may be revoked at any time for any reason whatsoever.

LINKS TO THIRD PARTY WEBSITES: The Service may be linked to other websites on the World Wide Web or
Internet that are not affiliated with, under the control of, or otherwise maintained by MashMobile. If
you use these links, you may leave MashMobile. MashMobile has not reviewed all of these third party sites
and does not control and is not responsible for any of these sites or their content. MashMobile does not
endorse or make any representations about third party sites or any information, software or other products
or materials found there, or any results that may be obtained from using them. If you decide to access any
of the third party sites linked to the Service, you do so entirely at your own risk.

THIRD PARTY PRODUCTS AND SERVICES: The Service may contain advertising and other mention or offers of
third-party products and services. MashMobile makes no recommendations or endorsements about third-party
products and services.

PASSWORD RESTRICTED AREAS OF THE SERVICE:  You agree to immediately notify MashMobile of any unauthorized
use of your account or any other breach of security in relation to your password or the Service that is
known to you by contacting info@mashmobile.com.

GENERAL TERMS:
1.  Your use of the Service is at your sole risk and is provided on an "as is" and "as available" basis.
2.  MashMobile makes no, and hereby disclaims all warranties, express, implied, statutory and any other
    warranties regarding the Service, content, or the quality, suitability or truth of any content
    contained on the Service or included as part of the Service.
3.  You acknowledge and agree that MashMobile does not warrant that access to the Service will be
    uninterrupted or error-free.
4.  MashMobile specifically denies any responsibility for the accuracy or quality of information obtained
    through our Service.
5.  You agree that MashMobile shall not be liable to you or any third party claiming through you for any
    damages in connection with your inability to use the Service or any content appearing on the Service.
6.  You agree to defend, indemnify and hold harmless MashMobile, its affiliates, officers, directors,
    employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,
    costs of debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use
    of and access to the Service; (ii) your violation of these Terms of Service; (iii) your violation of
    any third party right, including without limitation any copyright, property, or privacy right; or
    (iv) any claim that any of your Content caused damage to a third party. This defense and
    indemnification obligation will survive the termination of your use of the Service.
7.  You are entirely responsible for compliance with applicable local laws, including but not limited to
    the export and import regulations of other countries in relation to the Service, your Content and any
    third party content.
8.  Enforcement of these Terms of Service will be governed by the laws of the State of California, USA,
    excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any
    claims arising out of or related to these Terms of Service or your use of the Service will lie in the
    Superior Court of Santa Clara County in the State of California, or the United States District Court
    for the Northern District of California
9.  The failure of MashMobile to enforce any right or provision in these Terms of Service will not
    constitute a waiver of such right or provision unless acknowledged and agreed to by MashMobile in
    writing.
10. MashMobile reserves the right to modify or discontinue, temporarily or permanently, all or part of
    the Service without notice. We will not be liable to you or any third party for any modification,
    suspension, or discontinuance of the Service.