Legal

• Terms of Use
• Privacy Policy

TERMS OF USE

Version 2.2

1. Acceptance of Terms.
Mobliss operates www.mobliss.com and other Web sites and online properties on behalf of itself and third parties (together, the "Site"). The services and content (including, without limitation, mobile games and other mobile applications) that Mobliss, Inc., together with its affiliates, subsidiary and parent companies (collectively, "Mobliss," "we" or "us"), provides to you via the Site (collectively, our "Services") are subject to these Terms of Use, as well as any other terms or rules that we may post on the Site and/or present as part of any such Services. All such terms and rules are incorporated by this reference into these Terms of Use, and together we refer to them as the "Agreement." This Agreement applies fully to those portions of the Site that we operate as a service to Mobliss customers, including under their brands. Please read this Agreement carefully.

Your use of the Site and the Services is subject to your acceptance of and compliance with this Agreement. By using the Site and/or the Services you accept and agree to be bound by the terms of this Agreement. If you do not accept this Agreement, you should not use (and you have no right to use) the Site or Services. By using the Site or any Services, you represent to us that you are at least 13 years old. Use of the Site or any Services by children under the age of 13 years is prohibited, unless an area of the Site specifically states otherwise.

We may prohibit you from accessing or using the Site or Services at any time if you violate this Agreement. We may modify this Agreement from time to time. If the Agreement is modified, we will post the updated Agreement on the Site, and the changes will become effective when we post the revised Agreement (unless otherwise stated).

2. Use Rights and Limitations.
A. You may use the Site and Services only for your personal, noncommercial use. You may not:

• distribute, modify, license, resell, or make any commercial use of the Site, Services, or content on the Site;
• collect or use, in any commercial manner, any product or service listings or descriptions on the Site or in the Services;
• "frame" or use framing techniques to enclose any Mobliss trademark, logo or other content on the Site or any Service within another Web site or within any other digital content; or
• use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Site or Services.

Except as expressly set forth in Section 2(B) below, this Agreement does not grant you any license under any patent, trademark, copyright, or any other intellectual property or proprietary right of Mobliss or any third party.

B. If we make game software or other mobile applications (our "software") available for you to download or use via the Site, or if a third party (e.g., a wireless carrier) makes our software available for you to download or use and the software includes a link to these Terms of Use or otherwise indicates that it is subject to these Terms of Use, then the following license terms, in addition to the other terms of these Terms of Use regarding the Services, will apply to your use of such software: we grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer or mobile device. The software is protected by copyright and other intellectual property laws and is owned by Mobliss or its suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law notwithstanding these Terms of Use). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

In the event such software is accompanied by a separate license agreement (including a license that is provided by a wireless carrier or other third party distributor) the license terms that are more restrictive of your use of the software will control.

3. No Unlawful or Prohibited Use.
You agree not to use the Site or Services for any purpose that is unlawful or prohibited by this Agreement. You agree not to use the Site or Services in any manner that could damage or overburden the Site or Services and interfere with any Mobliss server or networking equipment, or Mobliss' provision of the Site or Services, or that might interfere with anyone's use or enjoyment of the Site or Services. You agree not attempt to gain unauthorized access to the Site or Services by any means, including hacking or password mining.

4. Carrier Charges.
Your use of the Site and/or Services may subject you to text, premium and other fees and charges ("Fees") from your wireless carrier ("Carrier"). Such Fees will be due in accordance with and otherwise subject to your Carrier's then-current billing and payment terms and conditions. Mobliss is not a party to the agreement between you and your Carrier and is not responsible or otherwise liable for any such Fees or issues arising therefrom.

5. Password and Account Access.
If you use any part of the Site or Services that requires a user name or password, you agree to provide us with complete, accurate and current registration information as prompted by the Site. You are solely responsible for maintaining the confidentiality and security of your account, password and computer and phone equipment. You agree to notify Mobliss immediately if you learn that the security of your account is compromised. Mobliss reserves the right to take any action that it deems necessary or reasonable to ensure the security of the Site, the Services or your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Mobliss may rely on the authority of anyone accessing your account or using your password. Mobliss will not be liable to you for any action or inaction of Mobliss under this "Password and Account Access" provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password. On the other hand, you may be liable for losses that we incur as a result of someone else using your account.

6. Copyright.
All content, copyrighted and copyrightable materials on this Site, including, without limitation, the Mobliss logo, design, text, graphics, pictures, videos, sound files and other files, and the selection and arrangement thereof ("Materials") are the property of Mobliss or its third party licensors and protected by U.S. and international copyright laws. The compilation of all Materials on the Site is the exclusive property of Mobliss and protected by U.S. and international copyright laws.

7. Trademarks.
All product names and logos, including without limitation Mobliss® and all other marks, logos and service marks included on the Site are registered trademarks or trademarks of Mobliss or its customers or licensors, and may not be copied, imitated or used as trademarks, in whole or in part, without the prior written permission of Mobliss or its customers or licensors, as applicable. In addition, all page headers, Mobliss custom graphics, button icons, and scripts are trademarks of Mobliss or its customers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mobliss or the owner of such property.

8. Third Party Products and Services.
Parties other than Mobliss may offer downloadable content for mobile devices, games and other products and services (collectively, "Third Party Products") for sale on or through the Site or Services. Your purchase and/or use of Third Party Products is governed by terms established by such third parties, and you should carefully review any such third party terms.

Except for information specifically identified as being supplied by Mobliss, Mobliss does not control or endorse any information on the Site about Third Party Products that may be purchased on or through the Site. Mobliss is not responsible for examining or evaluating, and Mobliss does not warrant any Third Party Products or the content of any third party Web sites or services. Mobliss does not assume any responsibility or liability for the actions, products, or services of any third parties. You must evaluate and bear all risks associated with the use of any Third Party Products. You should carefully review their terms of use and all other third party terms.

9. Third Party Links.
Except to the limited extent expressly provided in this Agreement, Mobliss makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of Mobliss and Mobliss is not responsible for the content of any such linked Web site. Mobliss is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mobliss of the Web site or any information contained therein. Mobliss is not responsible or liable, directly or indirectly, for any damage or loss caused to you by or in connection with such third-party Web sites. When leaving the Mobliss Site, you should be aware that Mobliss' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

10. Use of Communications Services.
The Services may contain email services, bulletin boards, chat and blog areas, product review areas, and other services ("Communication Services") that allow you to communicate with other Site users and/or submit your own text, images, voice, sound, graphics, photographs, software, or other content ("User Content") to the Site. User Content is the sole responsibility of the person who submits it. Mobliss may, but has no responsibility, to review or monitor User Content. Therefore, Mobliss does not guarantee the accuracy, quality, or appropriateness of such User Content.

When you use any Communications Services, you agree not to upload, post, distribute, email, transmit, or otherwise make available any User Content that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
• is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;
• impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else's use of the Site;
• constitutes a charity request, petition for signatures, chain letter or letter relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions;
• is sent via unsolicited emailings, if such e-mail could reasonably be expected to provoke complaints from its recipients;
• is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
• violates any applicable local, state, national or international law.

11. User Content; License.
Mobliss does not claim ownership of the User Content you upload, post, distribute, email, transmit, or otherwise make available or submit to the Site. However, by posting, distributing, emailing, transmitting, or otherwise making available or submitting ("posting") your User Content, you are granting Mobliss and its users and licensees permission to use your User Content, including, without limitation, the rights to: copy, distribute, transmit, publicly display and perform, reproduce, edit, translate and reformat your User Content; and at its option to publish your name in connection with your User Content. Mobliss does not owe any compensation or fee with respect to the use of your User Content. Mobliss is under no obligation to post or use any User Content you may provide and Mobliss may remove any User Content at any time in its sole discretion. By posting User Content you represent that you own or otherwise control all of the rights to your User Content as described in this Agreement including, without limitation, all the rights necessary for you to post the User Content. In addition to the representation set forth above, by posting User Content that contains images, photographs, or pictures, you represent that each person depicted in such images photographs or pictures has provided consent to the use of the images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such images.

12. Notice and Procedure for Making Copyright Infringement Claims.
Mobliss respects the intellectual property of others. If you believe that your work has been copied and has been posted to the Site or Services in a way that constitutes copyright infringement, please provide Mobliss' copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing 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 disputed use is not authorized by the copyright owner, its agent, or the law;
• 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 authorized to act on the copyright owner's behalf.

Mobliss' Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

Mobliss, Inc.
710 Second Avenue, Suite 600
Seattle, WA 98104
Attention: Copyright Infringement Agent

13. Disclaimers.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY. MOBLISS, ON BEHALF OF ITSELF AND ITS LICENSORS AND CUSTOMERS, MAKES NO WARRANTY THAT THE SITE, SERVICES OR ANY CONTENT ON THEM WILL MEET YOUR REQUIREMENTS, BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. MOBLISS, ON BEHALF OF ITSELF AND ITS LICENSORS AND CUSTOMERS, MAKES NO WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO THE SITE, SERVICES, THEIR CONTENT, OR ANY OTHER MATERIAL.

Without limiting the previous paragraph, Mobliss recommends that you not use the Site or Services during automobile driving or other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk, and Mobliss will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.

Mobliss will not have any liability to you for usage or other charges related to any device that you use to access the Site or Services, including, without limitation, usage charges for mobile telephones, PDAs, car navigation systems, pagers, and other devices, whether wireless, wireline, internet-enabled or otherwise.

14. Indemnification.
You agree to indemnify and hold Mobliss and its officers, directors, contractors, licensors and employees harmless from any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), arising out of User Content you submit, post, transmit or make available through the Services, your use of the Services or Site, violation of this Agreement, or the infringement by you, or any other user of your username or account, of any intellectual property or right of any person or entity.

15. Limitation of Liability.
MOBLISS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE SITE, SERVICES, CONTENT, OR YOUR USE OF THEM, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF MOBLISS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

16. Governing Law; Mandatory Arbitration; Class Action Waiver.
This Agreement shall be governed by and construed according to the laws of the State of Washington. YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, THE SITE OR THE SERVICES ("CLAIM") WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SEATTLE, WASHINGTON BEFORE THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE MOBLISS' INTELLECTUAL PROPERTY RIGHTS, MOBLISS MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT MAY BE JOINED TO AN ARBITRATION INVOLVING ANOTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER SUCH JOINDER IS THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN SUCH A CLASS OR REPRESENTATIVE ACTION IS UNEFORCEABLE AND YOU WISH TO PURSUE SUCH A CLASS ACTION, THE MANDATORY ARBITRATION CLAUSE WILL NOT APPLY TO YOU AND YOU AGREE TO RESOLVE YOUR CLAIM IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON.

17. Miscellaneous.
If any part of this Agreement is unenforceable, the other terms of this Agreement remain in effect. This Agreement supersedes all prior and contemporaneous understandings or agreements between you and Mobliss about the Site or Services or any other subject matter of this Agreement. The Privacy Policy also applies to your use of the Site and Services.

® Copyright 2007 Mobliss Corporation. All rights reserved.