1. Your ConquerMobile.com Account and Site. If you have an account on the Website, then you are the owner of that account and all Content stored therein. ConquerMobile.com and Conquer Mobile will not disclose any of your Content unless required to do so by court order or other legal action. However, you are solely responsible for maintaining the security of your account and the project. You are also fully responsible for all activities that occur under the account and any other actions taken in connection with the project. You must immediately notify Conquer Mobile of any unauthorized uses of your project, your account or any other breaches of security.
2. Responsibility of Participants. For purposes of these Terms of Service (including this Section 2), “Content” is defined as any material posted to, downloaded from or otherwise made available by means of or any link to and from the Website or resulting Applications.
If you have an account on the Website, you are responsible for the Content of that project and any harm resulting from that Content, regardless of whether the Content in question constitutes text, graphics, an audio/visual file or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not obscene or libellous, and does not violate the privacy or publicity rights of any third party.
- For purposes of these Terms of Service (including this Section 2), to own an account means to have a license for CellTouch, an iPhone Application on the AppStore and a mobile website, to read or display any portion of the content, to create an application, to post any material (including links) to an application or, to use in any other way the Website in connection with the application.
3. Responsibility of Website Visitors. Each visitor to the Website is solely responsible for taking precautions as necessary to protect him(her)self and his (her) computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Conquer Mobile has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and therefore cannot be responsible for that material’s content, use or effects. By operating the Website, Conquer Mobile does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
4. Payment for Services. All CellTouch accounts are available for use and can be accessed if and only if payment in advance is received. Unless otherwise agreed in writing by Conquer Mobile, billing will be a one time fee and charged to the credit card furnished for that purpose or a cheque written. The actual amount billed will be based on the CellTouch plan originally selected by the customer.
5. Termination of Account. You may terminate your CellTouch account at any time, provided however, that notice of such termination shall be made in writing to CellTouch. No refunds will be made for sums previously paid – regardless of the timing of the termination. All account terminations are immediate. You are solely responsible to download, copy or otherwise preserve your information stored on the Website before terminating your Conquer Mobile account.
6. Trademarks. Conquer Mobile, CellTouch, Conquermobile.com, the Conquer Mobile logo, and all other trademarks, service marks, graphics and logos used in connection with Conquermobile.com, or the Website are trademarks or registered trademarks of Conquer Mobile or Conquer Mobile’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Conquer Mobile or third-party trademarks.
7. Removal of Content. At its sole discretion, Conquer Mobile may (but is not required to) remove Content from the Website that it deems
- harmful or objectionable
- libelous, defamatory or false
- subject to copyright and/or trademark laws or protection
- pornographic or obscene
8. Copyright Infringement. As Conquer Mobile asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ConquerMobile.com violates your copyright, you are encouraged to notify Conquer Mobile. Conquer Mobile will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Conquer Mobile or others, Conquer Mobile may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Conquer Mobile will have no obligation to provide a refund of any amounts previously paid to Conquer Mobile.
9. Content Posted on Other Websites. Conquer Mobile has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ConquerMobile.com links, and that link to ConquerMobile.com. Conquer Mobile does not have any control over those non-Conquer Mobile websites and webpages, and is not responsible for their contents or their use. By linking to a non-Conquer Mobile website or webpage, Conquer Mobile does not represent or imply that it endorses such website or webpage. Each person is responsible for taking precautions as necessary to protect self and computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Conquer Mobile disclaims any responsibility for any harm resulting from use of non-Conquer Mobile websites and webpages.
10. Limitation of Warranties. Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and at your own risk, and that ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services.
11. Limitation of Liability. Except as otherwise expressly stated, in no event will ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Conquer Mobile, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Conquer Mobile during the 12-month period prior to the date a claim is made. You specifically agree that this Section 11 represents a reasonable allocation of risk between you and ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors.
12. Miscellaneous Provisions.
- Changes. The Website, including without limitation all content and features therein available and these Terms and Conditions, may be changed at the sole discretion of Conquer Mobile and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions. You agree to periodically review these Terms and Conditions.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between Conquer Mobile and you concerning the subject matter hereof, and can only be modified by a written amendment signed by an authorized executive of Conquer Mobile, or by the posting by Conquer Mobile of a revised version on the Website.
- Indemnification. You agree to defend, indemnify and hold harmless ConquerMobile.com, Conquer Mobile and its owners, suppliers and licensors from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Applicable Law and Jurisdiction. Any dispute arising out of or related to, directly or indirectly, the Wesbsite and its use shall be governed by the laws of the Province of British Columbia, Canada. The proper venue for any such dispute shall be in Vancouver BC, the city in which the registered office of Conquer Mobile is located – 1450-1055 W Hastings St, Vancouver, BC, V6E 2E9.
- Waiver or Failure to Enforce. A waiver or failure to enforce by either party of any term or condition of these Terms and Conditions or any breach thereof will not waive such term or condition or any subsequent breach thereof.