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Last updated November, 2007
MofoBox.com (the "Site") is a mobile content site that allows users to access, create, publish, share and send materials such as pictures, ringtones, wallpapers and logos, to their mobile device. The Site also allows registered users to convert files from their personal computers which can be adapted and then sent to mobile devices.
The Site is owned and operated by PhatDigit Inc. ("PhatDigit," "we," "us," "our"). The following are terms of a legal agreement between you and PhatDigit. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the "Terms and Conditions") and the terms of our PRIVACY POLICY which is incorporated by reference into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Site. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by PhatDigit from its offices within the United States. PhatDigit makes no representation that materials available on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. If you are a minor, you must obtain your parent’s or guardian’s consent to access and use the Site.
Please return to the Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Site. Please note that your use of certain materials and features of the Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.
Proprietary Rights and License
All materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.
Certain of the Content available on the Site are materials owned by PhatDigit or under license to PhatDigit ("Site Materials"). You may use, display, perform, redistribute and otherwise exploit the Site Materials under a worldwide, royalty-free, revocable and non-exclusive license from PhatDigit ("License"), provided you comply with the following restrictions and such other terms set forth in these Terms and Conditions. You may only use the Site Materials for your personal non-commercial use. Except as specifically provided herein or elsewhere on the Site, you may not alter or edit the Site Materials, or combine the Site Materials with other materials in any way. You may not offer or impose any terms on the Site Materials that alter or restrict the terms of the License or the Terms and Conditions. You may not sublicense, assign or sell the Site Materials. You must keep intact all notices that refer to the License and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Site Materials with any technological measures that control access or use of the Site Materials in a manner inconsistent with the terms of the License or these Terms and Conditions. You must keep intact all copyright and other notices that appear on the Site Materials.]
Certain of the other available Content on the Site (including the User Submissions (as defined below)) are materials uploaded to the Site by third parties ("Restricted Materials"). You acknowledge and agree that the Restricted Materials are made available for your limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Site, none of the Restricted Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity.
Except as specifically provided herein or elsewhere on the Site, you may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited. We neither warrant nor represent that your use of the Content displayed on the Site, including but not limited to the Restricted Materials, will not infringe the rights of third parties. If you have any questions concerning the use of any Content please contact PhatDigit at info@MofoBox.com.
Content Generally
PhatDigit does not necessarily control all of the Content posted to Site and, therefore, does not guarantee the accuracy, integrity or quality of all of the Content. You understand that by using the Site, you may be exposed to Content that is offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to the Site including without limitation information in chat rooms and other feature of the Site. Under no circumstances will PhatDigit and its respective affiliated companies, directors, employees, agents, licensees, and contractors (collectively, the "PhatDigit Entities") be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Site.
Any opinions or statements or other material expressed, transmitted, or posted on the Site are those of such parties, and we do not endorse any such opinion, statement, or other material. We reserve the right but do not have the obligation to review any comments and materials submitted to the Site and may, at our discretion, moderate or review any submissions before posting them. We reserve the right to not post and to remove comments or other Content for any and no reason, and you agree that you shall not have, or make, any claims against the PhatDigit Entities based on our posting (or failure to post) or removal of any comments or other Content.
Registration for Certain Features
In order to use certain features of the Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Site. If any upgrade in or to the Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional feature that augments or enhances the current Site, including the release of new products and services, shall be subject to these Terms and Conditions.
In order to use certain features of the Site, you may be required to register on the Site. If you opt to register for a particular feature of the Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the Site, the MofoBox Wireless Application Protocol (WAP) site (the "WAP Site") or an online survey, and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. If we have reasonable grounds to suspect that the information you provide to us on the registration form or otherwise is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive critical information about the Site.
We may provide you with access to some features of the Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.
Products, Services and Advertising on Site and Linked Sites
The Site may contain advertising and information about products and services, and links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on the Site or available from such linked web sites. Use of any products and services advertised or promoted on the Site and the web sites linked to the Site is at your own risk. We encourage you to note when you leave the Site and to read the terms of use of such other web sites.
Content Download and Wireless Device Compatibility
PhatDigit may permit you to use the Site for the purposes of downloading Content by means of the Site and/or the WAP Site through your mobile device (the "Content Service"). PhatDigit offers this service through various media channels including web and WAP and through various brands, such as MofoBox.com. PhatDigit may not offer the entire range of available Content through a particular brand or media channel.
In order to use the Content Service, you may be required to provide your email address to us. You are only eligible to use the Content Service if you have a mobile device that is capable of receiving Content. The range and type of Content you can download through the Site may be limited by the type of mobile device you have. The Site works primarily with mobile devices that use WAP and can handle polyphonic and mp3 ringtones, color images and video. Code division multiple access (CDMA) phones cannot be used with the Content Service. You may not be able to access the Content using your mobile device if you are outside the mobile coverage area served by your mobile provider.
You should consult your mobile device manufacturer, mobile service provider and/or carrier to determine whether your mobile device is capable of receiving and storing the Content before attempting to use the Content Service. Any cost of testing and assessing compatibility with your mobile device is your responsibility. PhatDigit is not responsible for any Content which you download to an incompatible mobile device and which you are then unable to use or which damages your mobile device. PhatDigit does not guarantee that a specific item of Content will work on a specific mobile device whether or not similar Content has worked on your mobile device before.
Mobile Provider Fees
By using the Content Service in conjunction with your mobile device, you may be charged by your service provider or carrier for wireless network usage such as or Short Message Service (SMS), WAP, and Multimedia Messaging Service (MMS). You understand and agree that as between you and PhatDigit, you, not PhatDigit, are entirely responsible for any and all such charges, including any "roaming" charges in the event of any dispute over charges incurred you shall look solely to your mobile service provider or carrier, or other third party. PhatDigit is not responsible or liable for any amount charged to you by your mobile service provider or other third party in connection with your use of the Site, including the Content Service and PhatDigit does not warrant nor guarantee the accuracy or completeness of any bill rendered to you by your mobile provider.
User Submissions
Eligibility: We may permit certain materials including ringtones, wallpapers, games, data, information, software, music, sound, video, other audio or visual material, to be submitted by you and other users (collectively, "User Submissions") through the Site via e-mail or via any other means, and we may also permit the hosting, sharing, and/or publishing of such User Submissions. In order to submit a User Submission on the Site, you must register on the Site. To register you will be required to submit your full name, e-mail address (which must be a valid, active e-mail address), password and user name, and if a minor certify that you have obtained your parent’s or guardian’s consent and are at least 14 years old. You understand that whether or not such User Submissions are published or otherwise used, PhatDigit does not guarantee any confidentiality with respect to any submissions to the Site.
Submission Specifications: By making a submission to the Site (including without limitation, any postings on our message boards or in our chat rooms) you agree that such User Submission is original with you and accurate and that you own all right, title and interest in any User Submission you submit to us and any elements you include in the User Submission (such as photographs, music and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights. You also agree that the User Submission (i) does not contain "samples" of any third party’s content, including but not limited to "samples" of video recordings and music, and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business; (vi) does not contain copyrights, trademarks, logos, or trade dress owned by others; and (vii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead unless you have the written permission of each such person.
You agree not to (i) use the Site, the Content (including, without limitation, the User Submissions), or any products or services included on or available through the Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content on the Site. You agree not to solicit, for commercial purposes, any users of the Site including with respect to their User Submissions.
You understand and agree that all User Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Submissions originated. This means that you, and not PhatDigit, are entirely responsible for all User Submissions that you upload, post, transmit or otherwise make available via the Site. PhatDigit does not control the User Submissions uploaded via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Submissions.
Also, we reserve the right not to accept any User Submission or for any reason, or no reason at all, if in our sole discretion, we do not believe that the User Submission is appropriate for the Site. We will not advise you as to the reason why your User Submission has not been accepted or be under any obligation to engage in communication with you regarding any User Submission including your own. We may elect to post User Submissions that we believe do not violate the intent or purpose of these Terms and Conditions (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) and/or other otherwise make use of User Submissions as provided under these Terms and Conditions.
License and Use of User Submissions: If you submit a User Submission to the Site, you hereby grant to PhatDigit and its designees a perpetual, irrevocable, non-exclusive, fully-paid up, royalty free, sublicenseable and transferable license to use the User Submission, including any ideas, concepts, techniques, or know-how contained in any such User Submission, for all purposes, in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. PhatDigit and its designees shall have all rights to use the User Submission, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, and license your User Submission. For example, the above grant permits PhatDigit and its designees to use all or only certain portions of your User Submission, modify any audio tracks or visual images you provide, and/or incorporate other materials, either created by PhatDigit or licensed from others, with your User Submission. By submitting a User Submission, you acknowledge and agree that PhatDigit and its designees may create on their own or obtain many ideas, materials and concepts through the Site or other channels and means that may be similar to your User Submission. You hereby waive and agree not to make any claim against PhatDigit and its designees with respect to such similarities, including, without limitation, any claims that any materials created or used by PhatDigit and its designees are similar to your User Submission. If we create other works using your User Submission, those works will be owned by us and may be used in accordance with these Terms and Conditions, and shall not be subject to your approval. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions. You will not have any claim against us with respect to such use of the User Submissions, and to the extent, a claim is made against us or any of our licensees by any third party with respect to the User Submissions, you agree to indemnify and hold PhatDigit, and its parent and affiliated companies, directors, employees, agents, representatives, lessors, licensees and contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. You may request that we remove a User Submission that you have posted on the Site at any time by accessing your user account on the Site. You may request that we remove another user’s User Submission by clicking on the "content inappropriate" link under the applicable User Submission. We shall have no liability to you resulting from our failure to remove your or someone else’s User Submission. You also understand that if we are able to remove a User Submission, copies of that User Submission may appear on cached pages and elsewhere and we shall have no obligation to remove, or otherwise be liable to you for failing or refusing to remove the User Submission. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on the Site or using or accessing our interactive communication tools, and we may pursue any remedies available under these Terms and Conditions or at law.
When you submit a User Submission, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by PhatDigit and its related entities. If we make use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how we use the foregoing rights.
Discontinuation and Modification of Acceptance of User Submissions: PhatDigit reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance, hosting, sharing, and/or publishing of User Submissions and/or your ability to access, use, display and/or perform User Submissions with or without notice in its sole discretion. You agree that PhatDigit shall not be liable to you or to any third party for any such suspension or discontinuance.
Communication with Other Users
As a registered user, we may allow you to engage in real time exchanges and direct communication with certain users who request to communicate with you ("User Communication"). In order to make this feature available to you and other users, we may post your user name on the Site. By registering on the Site, you are granting us the right to disclose your user name to the users of the Site. We will provide you with the user names of those users who wish to communicate with you. Whether you elect to communicate with other users is your decision.
You assume all risks associated with engaging in User Communication and any other interactions with other users, and you agree that you do not have, nor will you make, a claim against PhatDigit or its affiliated companies as a result of any User Communication or interaction between you and other users.
We do not perform any background checks on any user and cannot (and do not) warrant that any personal or other information you provide through the Site or in order to engage in User Communication will not be used for fraudulent, criminal, or other illegal purposes by other users. We urge you to use caution in providing any personal or sensitive information through the Site. Any decision or action taken by you on the basis of information or content provided in any Member/User Direct Communication or otherwise through the Site is at your sole discretion and risk.
Referral Programs; Forward to a Friend Opportunities
We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You should have the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must have a valid, active e-mail address, and if a minor, be at least 14 years old and able to register for the features offered on the Site and otherwise use the Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms and Conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms and Conditions. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Site to communicate to a Referred Person (or any third party), you agree not to use the Site to harm the Referred Person or any other third party, and/or use the Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Site is subject to our PRIVACY POLICY
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using the Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
• A description of the work you claim has been infringed;
• Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
• A statement by you, 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.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
info@mofobox.com
Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITE, CONTENT AND SERVICES ARE AVAILABLE AND/OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHATDIGIT, OR ITS SUBSIDIARIES, PARTNERS, REPRESENTATIVES, AGENTS, AFFILIATES, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
YOU SPECIFICALLY ACKNOWLEDGE THAT PHATDIGIT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to defend, indemnify and hold PhatDigit, and its parent companies, subsidiaries, partners, agents, affiliates, representatives, sponsors and advertisers and their respective officers, directors, shareholders, agents, affiliates and representatives harmless from and against any and all third party claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND PHATDIGIT ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, ADVERTISING BY PHATDIGIT, OR ANY RELATED PURCHASE SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Arbitration
Subject to applicable laws, any controversy or claim arising out of or relating to these Terms will be settled by binding arbitration (1) in New York, New York, in accordance with the commercial arbitration rules of the American Arbitration Association and any amendments thereto. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Miscellaneous
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. These Terms and Conditions (including any document incorporated by reference into these Terms and Conditions) constitute the entire agreement between you and PhatDigit and govern your use of the Site superseding any prior agreements between you and PhatDigit. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. We reserve the right to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). Subject to the arbitration provision above, you and PhatDigit agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New York. The failure of PhatDigit to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You may not assign any part of these Terms and Conditions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. This paragraph and the provisions in these Terms and Conditions relating to License and Use of User Submissions, Proprietary Rights and License, Governing Law, Indemnification and Arbitration shall survive the expiration or termination of your use of the Site or these Terms and Conditions.
Contacting Us
If you have any questions or comments about these Terms and Conditions, or if you would like to report any violations of these Terms and Conditions, please contact us at info@mofobox.com. You may also write to us at PhatDigit Inc., 11777 San Vicente Blvd., Suite 777, Los Angeles, CA 90049.
© 2007 PhatDigit Inc. All rights reserved.
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