Introduction
The urbmob.com service, the urbmob.com mobile content distribution service (the
"Mobile Download Service"), the 872662 (URBMOB) short code, and the network
(collectively, "Site" or the "Service(s)") are operated by mBeat Media, Inc. ("mBeat",
"us", "we" or "the "Company"). By
accessing or using our web site at www.urbmob.com, or selecting the "Yes"
option when you download content to your mobile phone from the Mobile Download
Service you (the "User") signify that you have read, understand, and agree to
be bound by these Terms of Use ("Terms of Use" or "Terms"), whether or not you
are a registered member of the Site or a subscriber to our Service. Some Services may be subject to additional
posted rules, policies and terms.
We provide a platform for use of our proprietary media tools and network for enjoyment and manipulation of audio, audio-visual, visual and individual works, the posting of or linking to or uploading of User Content (defined below), the Mobile Download Service, social networking and all other features, functions or services on the Site.
These Terms of Use incorporate our Privacy Policy posted on the urbmob.com website. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, you should not use the Service.
We may change our Terms of Use from time to time. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without advance notice. If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Copyrights
We respect the intellectual property of others, and we ask you to do the
same. It is important (and a
condition of this Agreement) that you only post or upload content (such as
music, audio-visual content or images) that you own -- and not content owned or
controlled by others.
You are fully responsible for content that you Post (as defined below). In other words, if you Post copyrighted content you don't own or otherwise do not have the right to Post, you are responsible for paying the copyright owners for license fees, royalties, damages, penalties, attorneys' fees, and any other liability or obligation.
Registration Information, Wireless Account
and Password Security
You are responsible for all activities that occur on your account, and represent
and warranty that you are the person responsible for the wireless account
associated with any mobile number provided ("Account Owner"). You agree to notify the Company
immediately of any unauthorized use of your account or any breach of security
with respect to your account. The
Company will not be liable for any loss that you may incur as a result of
someone else using your account, either with or without your knowledge. In addition, you may be held liable for
any losses incurred by the Company or another party due to someone else using
your account. You may not access
or use anyone else's account at any time.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) you are the Account Owner, or have the consent of the Account Owner to sign-up for and use the Site; and (f) you agree to pay all wireless charges incurred as a result of using the Site.
If Company allows you to choose a username and you select, in our sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable or improper under applicable law, Company has the right, without prior notice to you, to automatically change your username, delete your User Content (as defined below) submissions under it, deny you access to the Services, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify Company immediately.
Company shall be entitled to rely on the assumption that the person or entity responsible for the wireless account attached to the mobile handset to which content is downloaded is responsible for all use of the Services through that wireless account. Company will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive the Service.
Description of Services
The Services include a combination of content that you create and other third-party
content suppliers, including users, view and/or create and upload to urbmob.com. For example, our Service provides
you and other users with an opportunity to view, submit, post, display, download
(including downloads to mobile devices), transmit and/or exchange information,
ideas, opinions, photographs, images, audio, audio-visual, video, creative
works or other information, messages, transmissions, or material to us or
others on or through that Service. In using the Service, you may be exposed to content that you find
offensive, indecent, objectionable, or that is inaccurate and you bear all
risks associated with use of or exposure to that content. You understand that the Service is
provided by Company "as is", and that Company does not guarantee the accuracy,
integrity or quality of any content available on or through the Service. In this regard, you acknowledge that you
should not rely on any of this content, whether created by or submitted by a
third party to Company. You
understand that from time to time, you may communicate with, receive
communications from, or otherwise participate in or use the services or obtain
goods and services of or from, third parties (e.g., advertisers) as a result of
your use of the Services. All such communication, interaction and participation
is strictly and solely between you and such third party and Company shall not
be responsible or liable to you in any way in connection with these activities
or transactions (including, but not limited to, any representations,
warranties, covenants, contracts or other terms or conditions that may exist
between you and the third party, or any goods or services you may purchase or
obtain from any third party). In particular, the appearance or availability of
links to third-party sites on or through the Service does not constitute an
endorsement by Company with respect to the content, advertising, products, or
other materials available on or from such sites. You further understand and
agree that the Service may include certain communications from Company (such as
administrative messages and certain newsletters), and that these communications
are considered part of the Service and you may not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Services shall be subject to these Terms of Use.
Finally, you are responsible for
obtaining access to the Services and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are solely responsible for and
shall pay those fees. In addition,
you must provide and are responsible for and shall pay for all equipment
necessary to access the Services.
User Content Submissions
You are solely responsible for the information, names, likenesses, opinions, descriptions, photos,
profiles, messages, audio recordings, videos, and all other content that you
upload, publish, modify, or display (hereinafter, "Post") on or through the
Service or the Site, or transmit to or share with other users (collectively the
"User Content"). By Posting any
User Content to your User Profile or any other part of the Site, you
automatically grant, and you represent and warrant that you have the right to grant,
to the Company, a non-exclusive, transferable, fully
paid, worldwide license to use, copy, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), transmit, and distribute
such User Content for any purpose on or in connection with the Site or the
promotion thereof, by all digital means and media (whether now known or
existing in the future); including but not limited to, Internet consumer
stores, now operational or hereinafter available, and through mobile platforms
and all wireless cellular telecommunication applications and devices and to
grant and authorize sublicenses of the foregoing. This license grant shall continue until such time that you
notify us in writing of your desire to terminate the license with respect to
some or all of your Content on the Site; provided, the license shall continue
for a reasonable period of time after our receipt of your notice as may be
necessary, for administrative purposes, for us to take down your content and
otherwise give effect to your instructions. We shall be entitled to retain an electronic back-up copy of
the content in our archives for our own administrative and recordkeeping
purposes.
Furthermore, you represent and warrant that your User Content will not contain any material that:
- is false, inaccurate, or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; or violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; is obscene or contains pornography; or
- contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that User Content does not reflect the views of the Company and the Company does not verify, endorse, or vouch for any such content and if we determine in our sole discretion that any User Content is inaccurate, was posted without authorization, or otherwise does or may violate these Terms of Use, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to:
- modify, refuse, or remove the User Content;
- revoke the applicable user's right to use the Services; and/or
- use any technological, legal, operational, or other means available to Company to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.
You shall be solely responsible for securing and paying for any and all licenses (e.g., DPD's, synchronization, etc.) required from copyright holders (including you) in connection with our exploitation of any User Content hereunder, including but not limited to royalties due to artists, producers, photographer's and other persons performing on the User Content and any and all payments that may be required by the applicable guilds.
Attribution
The Company and its designees may attribute you (and use, publish, transmit,
market, promote and reproduce your name, likeness, biographical details and
other Content you provide to the Site or post on your User Profile) in
connection with the Site and your contributions to User Content in the sole
discretion of the Company and its designees.
Rules of Conduct
Your use of the Services is subject to all applicable local, state, national
and international laws and regulations, and you agree not to violate such laws
and regulations. In addition, you agree that:
- you will not interfere with another member's use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and
- you will comply with United States law regarding the transmission of technical data exported from the United States; and
- you agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Site.
You further agree that you will not use the Site to:
- send or cause the transmission of "spam" (junk e-mail) or unsolicited messages;
- promote or generate revenue for any business or commercial purposes, except as contemplated by our Talent Rank program, unless authorized in writing by Company;
- impersonate any person or entity; intentionally or unintentionally or create a false identity on the Site;
- collect or store personal data about other users;
- make publicly available on the Site or otherwise transmit any private information of any third party; or
- make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Proprietary Rights
All content on the Site and available through the Service, including but not
limited to designs, text, graphics, images, photographs, illustrations, audio
and video material, artwork, information, database, proprietary information and
all copyrightable, trademarked or otherwise legally protectable elements of the
Site, and their selection and arrangement ("Site Content"), excluding any of
your or other party's uploaded user content are the proprietary property of the
Company, its users or its licensors with all rights reserved.
Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on the Service (except for your User Content) without the express prior written consent of Company.
We are pleased to hear from our users and visitors to our Site and we welcome your comments regarding various products, features and services on our Site. We value your feedback and request that you be specific in your comments on our services to ensure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the "Communications"), the Communications shall be deemed non-confidential and non-proprietary (even if you mark them "confidential" or "proprietary"). Any such Communications shall become the property of the Company and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.
Limited License
Provided that you are eligible for use of the Site, you are granted a limited
license to access the Site and the Site Content and to download or print a copy
of any portion of the Site Content to which you have properly gained access
solely for your personal, non-commercial use, provided that you do not alter,
delete or conceal any copyright or other notices contained on the Services,
including notices on any content you download, transmit, print or reproduce
from the Services, nor shall you distribute such Site Content.
Except for your own User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service to) links
to other web sites ("Third-Party Sites"), as well as articles, photographs,
text, graphics, pictures, designs, video, audio, information, applications, and
other content or items belonging to or originating from third parties ("Third-Party
Applications or Content"). Such Third-Party Sites and Third-Party Applications
or Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Sites accessed through the Site or any Third-Party Applications or
Content posted on, available through or installed from the Site, including without
limitation the content, accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third-Party Sites or the
Third-Party Applications or Content. Inclusion of, linking to or permitting the
use or installation of any Third-Party Site or any Third-Party Applications or
Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Sites or to use or install any Third-Party
Applications or Content, you do so at your own risk and you should be aware
that our terms and policies no longer govern your activities with respect to
such Third-Party Sites or Content. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which
you navigate from the Site or relating to any applications you use or install
from the site.
User Profiles
Some of our Services may allow users to make some of their personal information
(including, but not limited to, name, musical influences and preferences, company
affiliation and job title) available to other visitors as part of their profile
or other listing for the Service. These information fields are clearly identified as part of the
registration process. If you do
not want certain personal information to be available to other Service users,
you should not include it in your profile or other listing. As with all other
content on the Service, we reserve the right to refuse (or remove) listings in
our sole discretion, and without prior notice, if we determine that they are
inaccurate, were posted without authorization, or otherwise violate these Terms
of Use.
Promotions
As part of delivering our Services, we may from time to time conduct
promotions, including, but not limited to sweepstakes and contests ("Promotions").
If we conduct a Promotion, the terms, conditions and rules for that Promotion
will be posted or otherwise made available to you and, for purposes of each
Promotion in which you participate, will be deemed incorporated by reference
into these Terms of Use (and
therefore a part of your agreement with Company).
Cash Payments and Other Rewards
The Company offers a unique opportunity for you to earn cash and marketing rewards through our Talent Rank program. For more information, see: Talent Rank Revenue Share Program Guidelines.
Fee-Based Services
Some of our Services require that you pay a fee to access, use or download such
Service. To subscribe to the
Mobile Download Service you will be charged a recurring monthly subscription
price of $3.99 (the "Fees"). The Mobile Download Service price can be
found within the initial opt-in messages sent to your handset, via SMS, MMS, or
WAP page when you subscribe. Mobile Download Service prices are also found
within reminder messages that are delivered to the subscribers' handsets
according to the billing interval, i.e. monthly. Service prices may be
requested any time by a subscriber by sending a text message containing the
word "HELP" from the subscriber's phone number to the short code offering the
service (872662). For further
assistance please call toll free: 1-888-872-9186.
By subscribing to the Mobile Download Service, via any medium or subscription
method (for example, by submitting your phone number to the Site, or any
affiliate Web sites, subscribing via the 872662 short code Service or by any
and all other processes by which you solicit Services from urbmob.com), you
authorize your wireless carrier to charge appropriate Fees directly to your service
bill for your Wireless Account. You further agree that your wireless carrier is authorized to collect
any applicable taxes and impose any applicable premium surcharges that may
apply to the Mobile Download Service.
Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.
Storage Practices
You acknowledge that the Company may establish general practices and limits
concerning use of a Service, including without limitation the maximum number of
days that User Content will be retained by or made available through that
Service, the maximum disk space that will be allotted on the Company's servers
on your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that the
Company has no responsibility or liability for the blocking, deletion or
failure to store any User Content maintained or transmitted by the Service.
Privacy
The Company is sensitive to your privacy. Please see our Privacy Policy for information and disclosures relating to the
collection and use of your personally identifiable information in connection
with your use of the Services.
Dispute Resolution
In the event a dispute arises between two or more parties over ownership of and/or rights to a profile or proceeds payable under the Talent Rank Revenue Share Rewards Program Guidelines, Company may open an investigation to determine the rightful owner. Methods to determine ownership may include asking parties to provide written documentation proving ownership or other reasonable methods. These documents may include legal proof of identification, verification of profile account information, etc. If we are unable to determine the rightful owner to our satisfaction we reserve the right to terminate the profile and require the disputing parties to obtain a final disposition in the form of a valid Court Order enforceable against mBeat Media, Inc. before reactivating the profile and distributing proceeds. Please refer to the Termination in Terms of Use for more details on profile termination. Company also reserves the right to deny investigation into a dispute matter, terminate the account, and immediately require the disputing parties to obtain a final disposition in the form of a valid Court Order enforceable against mBeat Media, Inc. before reactivating the profile and distributing proceeds. Company reserves the right to change this policy, and/or the method of investigation at any time.
Termination
Company has the right to take any of the following actions in our sole
discretion at any time and for any reason without giving you any prior notice:
- Restrict, deactivate, suspend, or terminate your access to all or any part of the Site or Services including deletion of your accounts and all related information and files in your account;
- Refuse, move, or remove for any reason any material that you submit on or through the Site or Services;
- Refuse, move, or remove any material that is available on or through the Site or Services; and/or
- Establish general practices and limits concerning use of the Services.
We may take any of the above actions for any reason, as determined by Company in its sole discretion, including, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
Indemnification
You hereby agree to indemnify, defend and hold the Company, its subsidiaries,
parent corporation and affiliates, and all of their respective officers,
directors, owners, employees, agents, attorneys, licensors, representatives,
licensees, and suppliers (collectively, the "Parties"), harmless from and
against any and all liability, losses, expenses, damages, and costs (including
reasonable attorneys' fees), incurred by any of the Parties in connection with
any claim arising out of your use of the Services, any use or alleged use of
your accounts or your passwords by any person, whether or not authorized by
you, the content you submit, post, transmit or make available through the
Services (including without limitation any musical recordings, musical/lyrical
recordings, audiovisual works, text, and images you upload or otherwise provide to the Site), your violation
or breach of any these Terms of Use, your connection to the Services, or your
violation of the rights of any other person or entity.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COMPANY'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMPANY'S SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES MADE AVAILABLE VIA THE SITE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT THE COMPANY CORRECT THE MATTER OR, IF COMPANY FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
In addition, please note that the Site may include technical inaccuracies or typographical errors. The Company has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services on any particular device or communications service. The Company has no obligation to provide you with notice of any such changes, and the Company is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.
IN NO EVENT, INCLUDING IN THE CASE OF NEGLIGENCE, WILL THE COMPANY OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF THE COMPANY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF THE COMPANY AND ANY OTHER PARTY EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLIAMS, DAMAGES, AND OTHER THEORY OF LIABILITY.
SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
Eligibility
The Site is intended solely for users who are thirteen (13) years of age or
older, and any registration by, use of, or access to the Site by anyone under
the age of 13 is unauthorized, unlicensed, and in violation of these Terms of
Use. By using the Site, you
represent and warrant you are 13 or older and that you agree to abide by all of
the terms and conditions herein. If you are under 18, you affirm that you are either an emancipated minor
or possess legal parental or guardian consent to access and use the Site. We may terminate your account, project,
and any content or information that you have posted on the Site and/or prohibit
you from using or accessing the Site for any reason, at any time in our sole
discretion, with or without notice, including without limitation if we believe
that you are under 13.
Use
of Compatible Devices
You acknowledge and agree that the Mobile Download Service will only be
supported by certain wireless devices that will support the Mobile Download
Service. For example, to download a wallpaper, you must have a wireless device
that: (a) supports wallpapers; (b) supports text messaging; and (c) has a plan
that supports wireless Internet access. Similarly, to download a real tone (MP3
or equivalent sample of popular music) your wireless device must support MP3 or
equivalent playback. If you attempt to use the Mobile Download Service
and discover that the Mobile Download Service is not supported by your wireless
device, you agree that you will not be entitled to any refund or credit. If you
fail to receive a download from the Mobile Download Service because of network
congestion or unavailability, you may contact the Company at: support@urbmob.com. Upon
consideration of your request, the Company will attempt to redeliver such
download. In no event will the Company provide any refunds to you for the
inability to use the Mobile Download Services. Please note: The Mobile Download Service is provided "as is" without warranty of any
kind.
Cookies
The Site allows the use of cookies, similar to an Internet browser. This allows the Site to set cookies for you when you view any of the content on the Site, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some of the Services may not function properly.
MISCELLANEOUS
Entire Agreement
These Terms of Use, including the policies referred to in these Terms of Use,
constitute the entire agreement between you and Company and govern your use of
the Services, superseding any prior agreements between you and Company. As
noted above, you also may be subject to additional terms and conditions,
including the Talent
Rank Revenue Share Program Guidelines that may apply when you use or purchase certain other Company services,
affiliate services, third-party content or third-party software. These Terms of
Use cannot be changed or terminated orally.
Notice
We may be required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our
posting them on or through the Services or delivering them to you through
email. You may update your email address by visiting the Services where you
have provided contact information. If you do not provide us with accurate
information, we cannot be held liable if we fail to notify you. You have the
right to request that we provide such notices to you in paper format, and may
do so by contacting the Company at mBeat Media, Inc. ATTN: CFO. 11600 Sunrise Valley Drive, Suite 440,
Reston, VA 20191. You may stop
or cancel your subscription to the Mobile Download Service, or any other
Services for which you have subscribed, by sending a text message to 872662
(URBMOB), containing the message, "STOP".
Assignment
You agree that these Terms of Use and our rights hereunder may be assigned, in
whole or in part, by Company or its affiliate to a third party, in our sole
discretion, including an assignment in connection with a merger, acquisition,
reorganization or sale of substantially all of our assets, or otherwise, in
whole or in part. You may not
assign, sublicense, or delegate your rights hereunder to any party without our
prior written consent.
Choice of Law and Forum
The formation, construction and interpretation of this agreement shall be
controlled by the laws of the Commonwealth of Virginia, giving no effect to
choice of law provisions. Any dispute relating to this agreement shall be
subject to the exclusive jurisdiction of the State and Federal courts in Northern
Virginia, U.S.A., and the parties agree to submit to the personal and exclusive
jurisdiction of these courts.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Use,
there shall be no third party beneficiaries to this Agreement.
Waiver and Severability of Terms
The failure of Company to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision. If any
provision of these Terms of Use 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 the Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
DMCA COPYRIGHT NOTICE
Claims of Copyright Infringement
The Company respects the intellectual property of others. If you believe that your copyrighted
work has been copied and is accessible on the Site in a way that constitutes
copyright infringement, pursuant to Title 17, United States Code, Section
512(c)(2), you are encouraged, as a first step, to contact the involved party
in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of
claimed copyright infringement to the Company's designated agent along with the
following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on Site where the material that you claim is infringing is located, including enough information to allow the Company to locate the material;
Your number, address, telephone number, and email address;
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
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 are authorized to act on the copyright owner's behalf.
Designated Agent
The Company's designated agent for notice of claims of copyright infringement on the Site can be reached as follows:
Williams
Mullen
A Professional Corporation
3200 Beechleaf Court, Suite 500
Raleigh, NC 27604
Attention: Kevin A. Prakke, Esq.
Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response.
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