Terms of Use
12/05/2010
New1Mobile9
Terms of Use
As part of our Service, New1Mobile9 agrees to provide you with information and other computer services subject to these Terms of Use. You agree to use our service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Use or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use on the website. By continuing to use New1Mobile9 after we post any such changes, you accept the Terms of Use, as modified.
You may establish a hypertext link to New1Mobile9 so long as the link does not state or imply any sponsorship of your site by New1Mobile9. However, you may not, without the prior written permission of New1Mobile9, frame any of the content of the Service, or incorporate into another website or other service any intellectual property ofNew1Mobile9, its parent or affiliate companies or its licensors.
License to New1Mobile9
By submitting articles or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting New1Mobile9.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Disclaimer
New1Mobile9 has provided links and pointers to Internet sites maintained by third parties. New1Mobile9 nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through New1Mobile9 or on a website linked to by New1Mobile9
. The materials in this site and the third-party sites are provided “as is� and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law,New1Mobile9 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.New1Mobile9 does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected.
New1Mobile9 does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and notNew1Mobile9) assume the entire cost of all necessary maintenance, repair or correction.
You understand that New1Mobile9 has no obligation to monitor any areas of the Service through which users can supply information or material. However, New1Mobile9 reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that inNew1Mobile9 ’s sole discretion are objectionable or in violation of these Terms of Use.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall New1Mobile9, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use,New1Mobile9 materials, products, or services, third party materials, products, or services made available through New1Mobile9, or any part of the New1Mobile9 Service even if New1Mobile9 is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability ofNew1Mobile9 , its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree thatNew1Mobile9 is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any New1Mobile9 material, products, or services, or with any of New1Mobile9 ’s terms and conditions, your sole and exclusive remedy is to discontinue using the New1Mobile9 Service
Termination
New1Mobile9 may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.
Other
This agreement constitutes the entire agreement between New1Mobile9 and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
