eZ2Mo TERMS OF USE AGREEMENT
eZ2Mo ("we" or "eZ2Mo") maintains the Internet web sites at eZ2Mo.com (collectively, the "Site," including any successor web sites). In addition to information about eZ2Mo, we offer the Services (as described below) to you ("you" or "user") through the Site under the terms and conditions of this Terms of Use Agreement (the "Agreement").
By accessing the Site, using the Services, or registering with eZ2Mo, you agree to the terms of this Agreement. The terms and conditions below and any other rules or policies set forth on the Site (all of which are incorporated into this Agreement, including the Privacy Policy) comprise the entire agreement between you and eZ2Mo and supersede all prior agreements between us. eZ2Mo may update this Agreement from time to time without notice to you.
- SERVICES
- REGISTRATION
- PRIVACY STATEMENT
- ACCOUNT, PASSWORD AND SECURITY
- MEMBER CONDUCT
- transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a eZ2Mo employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- transmit any Content (such as inside information, intellectual property, or confidential information) that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- COMPLIANCE WITH LAW
- INDEMNITY
- NO RESALE OF SERVICE
- GENERAL PRACTICES REGARDING USE AND STORAGE
- MODIFICATIONS TO SERVICES
- TERMINATION
- ADVERTISERS AND THIRD PARTY LINKS
- PROPRIETARY RIGHTS
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eZ2Mo EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT.
- eZ2Mo MAKES NO WARRANTY (AND ASSUMES NO OBLIGATION) THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (iv) ANY SOFTWARE DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE DEVICE.
- LIMITATION OF LIABILITY
- ANY DAMAGES IN EXCESS OF THE GREATER OF (i) THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES AND (ii) $50; OR
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eZ2Mo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) LOSS OR DELETION OF ANY OF YOUR DATA OR CONTENT (iv) STATEMENTS, CONDUCT, OR CONTENT OF ANY THIRD PARTY ON THE SERVICE OR THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
- COPYRIGHTS AND COPYRIGHT AGENTS
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property 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 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- GENERAL
eZ2Mo will provide you with access to the eZ2Mo service (which enables storage and synchronization of your PIM Data (as that term is defined in the Privacy Policy)), email-related services. Unless explicitly stated otherwise, any new online services provided by eZ2Mo or features that augment or enhance the current Services, shall be subject to the Agreement. You are responsible for obtaining access to the Services, and you will pay any third party fees (such as Internet service provider, airtime charges or mobile operator/carrier data plan fees) associated with such access. In addition, you must provide and are responsible for all equipment necessary to access the Services.
When you register for the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your "Account Data") and (b) maintain the accuracy and completeness of the Account Data.
Our privacy statement, which is located at privacy policy, describes our data practices and is a part of this Agreement.
You will choose a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify eZ2Mo of any unauthorized use of your account or any other breach of security, and (b) ensure that you fully exit from your account at the end of each session. eZ2Mo will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account (unless such use is directly caused by eZ2Mo's gross negligence).
All information, data (including Account Data and PIM Data, as those terms are defined in the Privacy Statement), text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post, email, store, transmit or otherwise make available (collectively, "transmit") to or through the Services is solely your responsibility. You agree to not use the Services to:
You acknowledge that eZ2Mo does not pre-screen Content, but that eZ2Mo and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content from the Services.
You acknowledge and agree that eZ2Mo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of eZ2Mo, its users or the public.
You understand that the Services may involve (a) transmissions of your Content over various networks; and (b) changes to your Content to confirm and adapt to technical requirements of connecting networks or devices.
You agree to comply with (a) all applicable laws regarding online conduct and acceptable Content, and (b) all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside (or the country of which you are a national).
You agree to indemnify and hold eZ2Mo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any Content you transmit through the Services, your use of the Services, your connection to the Services, your violation of the Agreement, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You acknowledge that eZ2Mo may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that your Content will be retained by the Services, the maximum amount of data synchronization that may executed by an account on the Services over a given time, the maximum amount of data that may be stored by an account on the Services, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that eZ2Mo reserves the right to log off accounts that are inactive for a specified period of time.
eZ2Mo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that eZ2Mo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that eZ2Mo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason or no reason. eZ2Mo may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that eZ2Mo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that eZ2Mo shall not be liable to you or any third party for any termination of your access to the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that eZ2Mo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Because eZ2Mo has no control over third-party sites and resources to which eZ2Mo may provide links (including advertiser sites), you acknowledge and agree that eZ2Mo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that eZ2Mo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You and your licensors will retain ownership of all right, title, and interest in and to the Content you transmit to or through the Services. Subject to the terms and conditions of this Agreement, you hereby grant to eZ2Mo a worldwide, perpetual, and irrevocable license to reproduce, distribute, create derivative works of, display, and perform any and all Content you transmit to or through the Service as contemplated under this Agreement and for the purpose of eZ2Mo fulfilling its obligations or exercising its rights under this Agreement.
You acknowledge and agree that the Services and any necessary software used in connection with the Services or the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by eZ2Mo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
eZ2Mo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software incidental to your use of the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by eZ2Mo for use in accessing the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
IN NO EVENT SHALL eZ2Mo BE LIABLE FOR:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
eZ2Mo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eZ2Mo's Copyright Agent the following information:
The Agreement and the relationship between you and eZ2Mo shall be governed by the laws of the State of California (without giving effect to any principles that may provide for the application of the law of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of eZ2Mo to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 partie's intentions as reflected in the provision, and the other provisions of the Agreement 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 Services or theAgreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.