GoLife Mobile Corporation Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY. WE STRONGLY RECOMMEND THAT YOU HAVE AN UNLIMITED DATA SUBSCRIPTION WITH YOUR MOBILE SERVICE PROVIDER BECAUSE THIS WILL HELP CONTROL YOUR COSTS FOR SERVICES AVAILABLE THROUGH GOLIFE. By completing the registration process on our website located at www.golifemobile.com, or by accessing our Services by downloading content to your mobile device (each a “Download”), you (1) represent that you are at least 13 years of age and have the consent of the subscriber of the mobile communications carrier to sign up for and use our services on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this agreement.USERS YOUNGER THAN EIGHTEEN (18) YEARS OF AGE REQUIRE PARENTAL PERSMISSION BOTH TO COMPLETE THE REGISTRATION PROCESS ON THE WEBSITE AND TO DOWNLOAD CONTENT. IF YOU ARE UNDER THE AGE OF 18, YOU ARE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. This Agreement explains GoLife’s obligations to you, and your obligations to GoLife. In this Agreement, “GoLife”, ”we”, “us” and “our” refer collectively to GoLife Mobile Corporation and any of its subsidiary and affiliated companies; “Subscriber” refers to both the subscriber of the mobile communications carrier serving a mobile communications device as well as the user of a mobile communications device, one of which must also register and obtain an account with GoLife to receive Services and Content; “you” and “your” refer to each Subscriber whose mobile communications device accesses our website, our Content, our Services, or our Software; “Site” refers to www.GoLifeMobile.com and all linked pages; the “Services” refer to the Site, our Software, our products and our services accessible to you through any Download whether intended or otherwise; “Content” refers to all materials displayed, distributed or performed on the Site or through the use of the Services (including, but not limited to text, software, scripts, graphics, photos, sounds, music, videos, logos, interactive features and the like.DESCRIPTION OF GOLIFE MOBILE SERVICESubject to the terms and conditions of this Agreement, GoLife may offer to provide certain Services, as described more fully on the Site, and which may be utilized by you through the processes provided on the Site, or through an ancillary website, or through the use of a mobile phone or other communication device. Such Services are solely for your own personal, non-commercial use, and not for the use or benefit of any business or third party and you agree to limit your use accordingly.  Services extend to but are not be limited to, mobile lifestyle applications that provide a customized mobile user experience and other services GoLife performs for or on behalf of you, as well as the offering of any Content (defined below) on the Site or through the use of the Services.  GoLife may change, suspend or discontinue the Services at any time, including the availability of any feature, service, or content.  GoLife may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  GoLife reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email or other form of written notice.  You are responsible for reviewing and becoming familiar with any such modifications.  Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.You certify to GoLife that you are a person, not a corporation or other business entity, you are capable of forming a binding contract; you are legally permitted to use the Services and access the Site, if you are a minor that you have obtained parental consent to register with and receive Services and Content from GoLife, and you take full responsibility for the selection and use of the Services and access of the Site.  This Agreement is void where prohibited by law, and the right to use the Services and access the Site is revoked in such jurisdictions.In order to use the Service, you must have a mobile communications subscription with a carrier/operator or otherwise have access to a mobile communications network through which GoLife makes its Services available. You are responsible for obtaining and maintaining any equipment (e.g., a cell phone) or ancillary services (e.g., a services subscription with a cell phone provider, preferably for data communications) needed to connect to, to access the Site or to otherwise use the Services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services.  You are responsible for ensuring that such equipment or ancillary services are compatible with the Services and you are and shall remain responsible for all charges incurred in using such equipment and ancillary services in connection with use of the Services.SITE CONTENTThe Site, the Content and the Services are intended solely for your use and may only be used in accordance with the terms of this Agreement.  All Content is protected by copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions.  You shall abide by all restrictions implicit with notice of copyright, trademark ownership, patent coverage or other intellectual property right as well as any restrictions specifically set forth in or in association with any Content accessed on the Site or through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, Software, materials, or Services in whole or in part.  You may not utilize the Content in any way other than as expressly provided in this Agreement.  You shall not store any significant portion of any Content in any form.  Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from GoLife, or from the copyright holder identified in such Content’s copyright notice.Software License.Subject to the terms of this Agreement, GoLife grants you a limited, personal, non-exclusive, non-transferable license to download and use one copy of our software on a single mobile device or personal computer solely to access our Services and Content to the extent you have the right to access our Services and Content. Except for this license granted to you, GoLife retains all right, title, and interest in and to the our Software, including all related intellectual property rights. Except as otherwise expressly provided in this Agreement or as may be expressly permitted by applicable law, 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 our Software; (b) rent, lease, or sublicense our Software; or (c) circumvent or disable any security or technological features or measures in our Software. Doing or attempting to do any of these things is grounds for termination of your right to Services or access to the Site.RESTRICTIONSYou are responsible for all of its activity in connection with the use of Services, and accessing the Site. Any fraudulent, vulgar, offensive, harassing, objectionable, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing” message designed or intended to obtain password, account, or private information from any user of GoLife’s Services.  Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or through use of the Services, or any processes that run or are activated while you are not logged in.  Further, you shall not run any automated calling robot or system or otherwise misuse the Services to violate any third party rights, e.g. “spoofing.”GoLife does not promote, recommend or condone use of the Services during certain activities where there is significant risk of an accident, such as when driving an automobile or operating heavy equipment.  You agree not to use the Services during such activities.GOLIFE COMMUNICATIONSBy registering for or downloading any of GoLife’s Services or Content from the Site, you consent and opt-in to receive electronic communications from GoLife. You agree that any notice, agreement, disclosure or other communications that GoLife sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You may opt out from receiving further GoLife communications by unsubscribing through the Site.USE OF SUBMISSIONSYou agree that any comments, recommendations, information or ideas submitted to GoLife, whether through use of the Services or contained in any communication you may send to GoLife, shall be owned exclusively and in perpetuity by GoLife.  Such exclusive ownership means that GoLife is free to use any such comments, recommendations, information or ideas without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, securing intellectual property rights, developing, manufacturing and marketing products and services and creating, modifying or improving the Site, Services or other products or services.PRIVACYYour personal privacy is very important to us. Any information that you submit or that GoLife collects when you use the Site or Services is subject to the GoLife Privacy Policy, the terms of which are incorporated into this Agreement and a copy of which is available at http://www.golifemobile.com.ALTHOUGH GOLIFE INTENDS TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF ITS PRIVACY POLICY, WE MUST ADVISE YOU THAT GOLIFE CAN MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY FOR ANY COMMUNICATION OR INFORMATION YOU TRANSMIT ON OR THROUGH THE SITE OR ANY WEB-SITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. Accordingly, GoLife will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content or messages stored on GoLife's equipment and transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.WARRANTY DISCLAIMERSGoLife has no special relationship with or fiduciary duty to you. You acknowledge that GoLife has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access or receive via the Site or Services; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release GoLife from all liability for you having acquired or not acquired Content through the Site or Services. The Site, the Content or the Services may contain, or link or otherwise direct you to sites containing, or you may receive Content containing, information that some people may find offensive or inappropriate. GoLife makes no representations concerning any Content contained in or accessed through the Site or any Services provided, and GoLife will not be responsible or liable for the accuracy, transmission, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. GoLife may make, but is not required to make, previews of the Content available on the Site and you agree to preview any Content with which you are unfamiliar prior to requesting access to such Content.ALL USE OF THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ASSOCIATED THEREWITH SHALL BE AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.REGISTRATION AND SECURITYAs a condition to using Services, you may be required to register with GoLife and select a pin and/or password and a unique user identifier ("User ID"). You shall provide GoLife with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a GoLife User ID a name of another person with the intent to impersonate that person; or (ii) use as a GoLife User ID a name subject to any rights of a person other than you without appropriate authorization. GoLife reserves the right to refuse registration of, or cancel a GoLife User ID in its discretion. You shall be responsible for maintaining the confidentiality of your GoLife password.  GoLife will not be liable for any losses caused by unauthorized use of your GoLife User ID, but you may be liable for the losses of GoLife or others due to such unauthorized use.INDEMNITYYou agree to release, indemnify, defend and hold harmless GoLife , its parent, subsidiary, affiliated companies, and each of their directors, officers shareholders, licensors, contractors, agents, employees and assigns, from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with (a) your use of the Services (including acquisition of Content), and (b) the violation of this Agreement by you, (c) the breach by you of your representations and warranties set forth herein, (d) your access to the Site, use of the Services (including the receipt of Content), or (e) the infringement by you, or any third party using your mobile device or account, of any intellectual property or other right of any person or entity.GoLife shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Services, with counsel of company’s choice at its expense. You will have sole responsibility to defend GoLife against any claim, but you must receive GoLife’s prior written consent regarding any related settlement. This section shall survive any termination or cancellation of this Agreement.LIMITATION OF LIABILITYA. GOLIFE’S ENTIRE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY CONTENT, SERVICES, SOFTWARE OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT, WILL IN NO EVENT EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO GOLIFE FOR THE PARTICULAR USE OF THE APPLICABLE ITEM WHICH IS THE BASIS FOR THE CLAIM, OR U.S. $5.00.IN NO EVENT WILL GOLIFE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOST DATA, LOST MONEY, LOST PROFITS, INTEREST OR COST OF MONEY; OR FOR COVER; OR FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF GOLIFE’S PERFORMANCE OR NONPERFORMANCE OR THE USE OF, INABILITY TO USE OR RESULTS OF USE OF ANY CONTENT, SERVICES, OR SOFTWARE.. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.NO ACTION RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN TWO (2) YEARS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION.FEESWhile GoLife does not currently charge any fees for the use of the Services or Site, some of the Services or use thereof may require you to pay certain third-party fees. You shall be responsible for all applicable fees associated with use of the Services, including without limitation, any connection or usage fees incurred for the transmission, receipt, or delivery of Content or Services.  GoLife shall have no liability to you for any fees incurred in connection with the Services. GoLife reserves the right to change its fee structure at anytime with written notice.TERMINATIONEither party may terminate the Services at any time by notifying the other party by any means. GoLife may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your rights to use the Services and to access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.Third-Party Legal NoticesSome of the data included and used in the Services is provided to GoLife by its licensors, and the use of such licensed data is subject to the terms and conditions of such licensor as detailed on their corporate website. Except as documented in this Agreement, GoLife makes no claims, guarantees, or warranties as to the policies of such licensors.MISCELLANEOUSThe failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. GoLife shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GoLife’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with GoLife’s prior written consent.This Agreement shall be governed by and construed in accordance with the laws of the United States and particularly the state of Oregon without regard to the conflict of laws provisions thereof. In the event of any dispute or action to enforce this Agreement or on account of any breach or default under this Agreement, each party will bear its own attorneys’ fees and costs related thereto.For US Subscribers: Any dispute will be settled by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect, except as provided here. Any arbitration or mediation will be held in Portland, Oregon. Arbitration will be before a single arbitrator active in a state bar with experience in software licensing in business. The award of the arbitrator will be final and binding, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In no event will the arbitrator award pre-award interest, punitive damages, or an award in excess of the amount of direct compensatory damages actually incurred by the claiming party as are consistent with the damages limitations in this Agreement. Neither a party, a witness, nor the arbitrator may disclose the contents or results of any arbitration hereunder without the prior written consent of all parties, unless, and then only to the extent necessary, required to enforce or challenge the award, as required by law, or as necessary for financial and tax reports and audits. Notwithstanding this Section, either party may seek equitable relief from any court having jurisdiction to the extent necessary to prevent irreparable harm.For Non-U.S. Subscribers: All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules of Arbitration. The seat of arbitration shall be held in Vancouver, Canada. The language of the arbitration shall be English. In no event will the arbitrator award pre-award interest not otherwise agreed between the parties, punitive damages, or an award in excess of the amount of direct compensatory damages actually incurred by the claiming party as are consistent with the damages limitations in this Agreement. Notwithstanding this Section, either party may seek equitable relief from any court having jurisdiction to the extent necessary to prevent irreparable harm.Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GoLife in any respect whatsoever.- END -Revised 12-30-07