Terms Of Service

All users, both registered and not registered (“User"), must carefully read the following Terms of Service (TOS), before utilizing any MOBANGO services.

1. ACCEPTANCE OF TERMS

Welcome to the MOBANGO Global Mobile Web Community! We want to build the largest Community Platform focused on Mobile Content and Services (“Service"). MOBANGO is a unique place where users can take advantage of a private online hard disk dedicated to storing, publishing, and sharing, material and Personal content for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate applications for each users' mobile phones. Services provided to the registered users also include the conversion of files from the PC which can be adapted and then sent to Cell Phones throughout the World.

MOBANGO reserves the exclusive right to decide what can, and cannot, be done through its Services. Services are provided only to registered users. Users become “Members" of MOBANGO only after registering. Registration implies the acceptance of the TOS, which regulate access to our Services. The registration process requires Users to provide personal data which will be treated according to EU Privacy Laws and the most stringent MOBANGO Privacy Policies. For further information about the MOBANGO Privacy Policy:http://www.mobango.com/privacy/. Hereafter MOBANGO will be indicated as one of the Parties stipulating the agreement with the user. To this purpose, MOBANGO (the service) and Mobango Ltd. (the Company which owns, manages, develops the MOBANGO platforms) correspond.

2. SERVICE DESCRIPTION

Welcome to the MOBANGO Global Mobile Web Community! We want to build the largest Community Platform focused on Mobile Content and Services (“Service"). MOBANGO is a unique place where users can take advantage of a private online hard disk dedicated to storing, publishing, and sharing, material and Personal content for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate applications for each users' mobile phones. Services provided to the registered users also include the conversion of files from the PC which can be adapted and then sent to Cell Phones throughout the World.

MOBANGO reserves the exclusive right to decide what can, and cannot, be done through its Services. Services are provided only to registered users. Users become “Members" of MOBANGO only after registering. Registration implies the acceptance of the TOS, which regulate access to our Services. The registration process requires Users to provide personal data which will be treated according to EU Privacy Laws and the most stringent MOBANGO Privacy Policies. For further information about the MOBANGO Privacy Policy : http://www.mobango.com/privacy/

It is very important that the e-mail address provided during the registration process is correct, as the instructions for the validation and activation of the account will be sent to this address.

Currently, MOBANGO provides its Users a web-based online hard disk, dedicated to storing, publishing and sharing material and personal content for Cell Phones (ie applications, pictures, games, utilities, logos, ringtones, images and audio executable files).MOBANGO Users may save, share and distribute their personal files over the Web, via Mobile, and to virtually any Cell Phone in the World. Users enjoy the use of a private area to save their material. User content can be kept private or can be made available to the entire MOBANGO community, depending on the wishes of the posting User.

MOBANGO provides a FREE Service for storing, publishing, managing and sharing personal mobile content for all Cell Phones – regardless of Cell Phone manufacturer and wireless service provider. Personal mobile content on MOBANGO public area can also be downloaded to any PC sent to a personal Wap locker, and downloaded to the registered user's mobile device, for FREE. Free registration includes:
1. 1 GB Free web storage for mobile files;
2. Free downloads to user's cell phone;
3. 1 GB of personal Mobile storage- Wap Locker;(*)
4. Wap locker control panel via web, to manage files in locker from the web;
5. Free file downloads to desktop;
6. Unlimited access to the MOBANGO Photo editor, which allows to edit, resize and adapt any picture for virtually any cell phone screen;
7. Unlimited applications upgrade;
8. Video and audio Tools, to convert files and omptimise them for hundreds of different cell phones (*) Need Internet Connection via Cell Phone to use these service
9. Mobango Promote program (for developers) – This service requires you to pay fees, as described in the specific conditions: Mobango Promote - Terms. You agree to pay all fees and charges that you incur. 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 the charge becomes payable.

MOBANGO DOES NOT sell content, but rather provides a service to transfer the personal content supplied by the Users from the web to mobile devices. MOBANGO does not operate any control over the files uploaded by the Users, and therefore cannot be held responsible for the type of content which can be found on its platform.

Unless otherwise indicated, any modification of MOBANGO Services which alter the way in which the Service can be used and/or the launch of new services will be subject, and therefore regulated by the TOS. Users acknowledge that the Service is provided “as is" and “as available"; therefore, MOBANGO does not assume any responsibility and makes no guarantee as to the use and availability of the Service. MOBANGO has created certain areas where users can upload and publish adult\mature content. Users must be at least 18 years of age to access and view such areas.These areas have been set up in order to keep content and files not suitable for minors in a restricted area, not accessible by users unless registered, and over 18 years old. At the same time even in this area of MOBANGO, pornography of any kind is strictly prohibited. We invite all users to post their content in this area when they feel that such content is not suitable for minors.

MOBANGO does not assume any implicit or explicit responsibility for the content stored and published by the Users in any area of MOBANGO. Declarations and opinions expressed by the users do not necessarily represent MOBANGO opinions, as MOBANGO does not approve, select, certify or control the content of the files. Moreover, MOBANGO is not responsible for the receipt or for the quality of any good or service sold or advertised on MOBANGO. If someone believes that a file published by a user infringes any Law, he\she is kindly requested to contact MOBANGO at the email address:legal@mobango.com.

3. OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION

In order to utilize the Service, the User must agree to: a) provide correct personal information during the registration process, ensuring that all information is current, complete, and true (in particular, the email address, which is necessary to activate the service) b) maintain and update their registration data, in order to keep them current, complete and true c) represent that he\she is of legal age to form a binding contract and is not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. MOBANGO is concerned about the safety and privacy of all its users, particularly children. For this reason,users must be at least 14 years old to utilize the service.

4. PRIVACY POLICY AND INFORMATION ON PERSONAL DATA PROTECTION

The Registration Data and any other information to a Registered User are collected and used according to the strictest EU laws, and to the MOBANGO Privacy Policy, which can be viewed at the URL http://www.mobango.com/privacy/.
MOBANGO declares that:

1.The Registration Data provided by Users are collected and used by Mobango ltd, the Company which owns and runs the MOBANGO Platform and Services. The Registration Data are collected for: (i) correctly delivering the Service, according to the TOS; (ii) advertising, promotion, and direct marketing purposes of MOBANGO. By Registering to the Service, The User accepts that, from time to time, Mobango and its Partners may utilise User's email and cell phone number for advertising and marketing purposes. Each email communication from Mobango will always give the user the possibility to unsubscribe from the Service.

2. With the same purposes as stated above, some data may be communicated by MOBANGO to other entities belonging to Mobango Group or to 3rd parties, in order to perform activities instrumental to the maintenance, development, distribution, and improvement of the Service. For organizational purposes relating to centralized operations and Service Provision, and due to the International scope of MOBANGO, some personal data of Users may be transferred, even temporarily, to different countries of the EU and the USA.

MOBANGO recognizes specific rights of its User, including the possibility (i) to request records indicating whether or not MOBANGO retains the User's personal data (ii) to track the origin of the User's record, and of the logic and objectives for retaining such data; (iii) to effect the updating, correction, integration and eventual cancellation of the User's data, wherever possible; (iv) to oppose the use of personal data for marketing and sales purposes. In order to exercise these specific rights, the User may directly contact the person responsible for the Privacy and Database, at privacy@mobango.com

5. ACCOUNT AND PASSWORD

Upon completion of the Registration Process, the User obtains a private account (USERNAME) and a PASSWORD, for which the User is solely responsible. The User must be aware that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct USERNAME and PASSWORD.

6. USER CONDUCT

The User has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service. MOBANGO does not control the content posted or uploaded to its servers by the Users and, as such, does not guarantee the integrity, the correctness, or quality of such content. Under no circumstances will MOBANGO be liable in any way for any content made available through the Service.

The User agrees not to use the Service to:
a) Upload, publish, or make available in any other way Content that is unlawful or prohibited;
b) Harm people under the age of 18 in any way;
c) Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
d) Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
e) Disturb or interfere with the Service, the servers or the networks connected to the Service;
f) Violate any Local or International Law or applicable regulations;
g) Collect and store other Users' personal data without their explicit permission;
h) Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of MOBANGO.

MOBANGO does not filter Content in advance. Nonetheless, MOBANGO and other entities designated by MOBANGO reserve the sole right –without assuming any obligation- to refuse or remove any Content accessible through the Service. The User is the sole responsible for the material posted in any area of MOBANGO. The publication and posting of the following types of Content is strictly prohibited:

• Material not suitable for people under the age of 18 (except in the expressly designated “Adult areas");
• Content which infringes Any Local or International Copyright law, in particular Pirate Software (WAREZ, CRACK), musical files, applications and games, images and text covered by Copyright laws;
• Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting;
• Content promoting or providing information for the promotion of illegal activities, or potentially harmful to 3rd parties;
• Paid advertising or sponsorship;
• Content or activities infringing any Local or International Laws.

The User recognizes and accepts MOBANGO's right to save Content and disclose it to 3rd parties, in order to:
a) provide an efficient service;
b) manage the User's account consistently with MOBANGO operational procedures;
c) comply with legal requests because MOBANGO believes, in good faith, that it is necessary to: (i) fulfill legal obligations; (ii) defend from 3rd party accusations relating to the infringement of Copyright laws; (iii) to protect MOBANGO and its Users' rights, property and security.

By uploading files on MOBANGO, the User agrees to respect all the rules of the TOS. MOBANGO reserves the right to decide what the user can and cannot do with the Service. MOBANGO reserves the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on MOBANGO. MOBANGO does not assume any responsibility in case of partial or total loss of the User's material. Although MOBANGO is not obliged to pre-screen and screen the files uploaded by Users, MOBANGO reserves the right to access any account and any file, without prior notice, in order to verify the Users' compliance with the TOS. Personal data provided to MOBANGO remain the User's property. The User allows MOBANGO to use this information for operational and marketing purposes. This information will never be sold or ceded to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way is MOBANGO responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption. The TOS and the relationship between MOBANGO and its Users will be governed by European and Italian laws.

7. PUBLIC CONTENT

The User agrees that all Videos, Pictures, Tunes he/she publishes to the Public areas of MOBANGO are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualize (partially or wholly) in the whole World and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future .

8. INDEMNITY

In the event of legal action brought on by third parties in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users' conduct, and/or in relation to the User's violation of the TOS, and/or of the User's violation of the rights of others, the User agrees to indemnify MOBANGO, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).

9. NO RESALE OR COMMERCIAL USE OF SERVICE

The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Service, including access to the Service.

10. GENERAL RULES REGARDING SERVICE USE

The User agrees that MOBANGO may establish rules and general limits regarding the use of the Service, including the maximum amount of disk space the can be used by each user, the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, the duration of each session. The user agrees that MOBANGO cannot be held responsible for the loss of data, or content uploaded by the user.

11. SERVICE MODIFICATION

MOBANGO reserve the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Service. The User agrees that Mobango cannot be held responsible for any of the modifications, suspensions or cancelling of the Service.

12. USERNAME AND PASSWORD

The User acknowledges and accepts that MOBANGO may, at its sole discretion, disactivate the User's password or\and account, or suspend the access to the Service. Moreover, MOBANGO has the right to remove or cancel any of the Users' content, without notice and without being obliged to explain.

13. MOBANGO's PROPRIETARY RIGHTS

The User acknowledges and agrees that all Software utilized in connection with the Service (“Software") are protected by the Intellectual Property Laws. MOBANGO grants the User a personal license, non transferable and non exclusive for the use of the Software on a single Computer. The User shall not copy, modify, create derivative works, and in any way try to discover the Source codes of the Software, sell, sub-license, or transfer to 3rd parties any right on the Software.

14. MOBANGO'S DISCLAIMER OF WARRANTIES

The User declares expressly that:
a) The utilization of the Service is at his\her sole discretion. The Service is provided “AS iS" and “AS AVAILABLE". Therefore MOBANGO cannot be held responsible in relation to the fruition and availability of the Service. MOBANGO expressly disclaims all warranties of any kind.
b) MOBANGO does not warrant that: (i) the service will satisfy the User's needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User's expectations
c)Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is the sole responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone.
d) No advise, suggestion, help, written or verbally, provided by MOBANGO to the user, shall imply any warranty from MOBANGO.

15. LIMITATIONS OF LIABILITY

MOBANGO services are provided without any implicit or explicit warranty. MOBANGO cannot be held responsible of any harm coming from the inability to access or use the service, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on MOBANGO. MOBANGO declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. MOBANGO reserves the right to modify the Service at any time, even without notice.

16. COMMUNICATION

All communications between the Parties shall happen in written form both via Electronic email or Postal services.

17. COPYRIGHT AND INTELLECTUAL PROPERTY

MOBANGO cares and protects Intellectual Property Rights and requests its Users to do the same. If you believe that one of you works has been copied in a way that infringes copyright Laws, within the Service, please report it to MOBANGO: legal@mobango.com, providing the following information:
1. Detailed description of the work protected by Copyright law which you believe being violated, also describing of the origin of the right itself;
2. Indicate where, in the platform, you have found the violation
3. you name, address, phone number, and email address
4. a declaration in which you state, in good faith, that the use of the Content is not authorized by the Copyright owner, or any of its licensees, or the Law
5. a declaration stating that the information you provide are true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner.

18. APPLICABLE LAW AND FORUM

These TOS shall be governed by the Law of EC. The User and Mobango agree to submit to the jurisdiction of the Court of Milan, Italy.

19. VIOLATIONS

Please report any violations to these TOS to our Help and Support Group: legal@mobango.com

TOS ACCEPTANCE

User acknowledges to have read, understood, and approved the TOS and in particular: Art. 1 (possibility of modification of TOS); Art. 4.3 (possible transfer of personal data in other Countries); Art. 8 (Indemnity clause); Art. 11,12 (Modifications and interruption of the Service); Art. 14 (MOBANGO's disclaimer of warranties); Art. 15 (Limitation of liability); Art. 18 (Applicable Law and competent Court).