MAMOGO - Buy, Cell, Create Unique Mobile Content!

Mamogo Upload Agreement & Terms of Service

This Agreement contains the terms and conditions that shall apply to anyone who joins the Mamogo Website, uploads content to Mamogo.Com, purchases content from Mamogo.Com or promotes, utilizes, visits Mamogo.Com. Please read them over very carefully as they will be enforced.

This Agreement contains the terms and conditions that shall apply to an individual's or an entity's (hereinafter a "Participant," "Member," or "Visitor." or "you" or "your") use (the "Program") of Mamogo.Com (collectively, including all Content available through the Mamogo.com domain name, the "Mamogo Website", or "Website"), a division of Monsoon Interactive LLC., a Toledo corporation (hereinafter " Mamogo.Com,"Mamogo", "we", "its," "us" "our" or "the Company").

Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF Mamogo'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.Mamogo.com/privacy/index.rails, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the Mamogo Website or utilize any service offer by or through Mamogo.Com.

2. Mamogo Website

These Terms of Service apply to all users of the Mamogo Website, including users who are also contributors of mobile content, information, and other materials or services on the Website. The Mamogo Website may contain links to third party websites that are not owned or controlled by Mamogo. Mamogo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mamogo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mamogo from any and all liability arising from your use of any third-party website.

3. Website Access

A. Mamogo hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Website in any medium without Mamogo's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mamogo immediately of any breach of security or unauthorized use of your account. Although Mamogo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mamogo or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Mamogo servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Mamogo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mamogo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the Mamogo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mamogo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mamogo reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Mamogo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Mamogo Website or the Content therein.

5. User Submissions

A. The Mamogo Website may now or in the future permit the submission of mobile content including ringtones, full track music, wallpapers, mobile game or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Mamogo does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mamogo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Mamogo, you hereby grant Mamogo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, offer for commercial sale, and perform the User Submissions in connection with the Mamogo Website and Mamogo's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mamogo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mamogo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mamogo all of the license rights granted herein; or (ii) publish falsehoods or misrepresentations that could damage Mamogo or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, violate the terms of service set forth by all major mobile carriers in the United states as Foreign mobile carriers or is otherwise inappropriate; (iv) post advertisements or solicitations of business other than permitted by Mamogo.Com: (v) impersonate another person. Mamogo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein other than those user submissions that are selected by Mamogo for inclusion in marketing materials or promotional activities, and Mamogo expressly disclaims any and all liability in connection with User Submissions. Mamogo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Mamogo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mamogo reserves the right to remove Content and User Submissions without prior notice. Mamogo will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. You further agree that any fines, legal co sts, actions or claims brought against Mamogo in regards to your User Submission shall be your responsibility and you shall resolve such actions on your sole behalf and release Mamogo from any liability. Mamogo also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mamogo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send notifications of claimed infringement to: Mamogo Copyright Infringement, 871 Janette Ave, Windsor, ON, Canada N9A 5A2, email: copyright@Mamogo.com, telephone: 1-866-665-3887, fax: 519-966-3264. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Mamogo customer service through www.Mamogo.com/help/. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

E. You understand that when using the Mamogo Website, you will be exposed to User Submissions from a variety of sources, and that Mamogo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mamogo with respect thereto, and agree to indemnify and hold Mamogo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Adult content â?? your user submission may not contain any Adult content in any form. Adult content shall be classified as any materials containing any nudity, suggestive poses, mature content or images, games, wallpapers and videos of any individual in any state of undress that violates any mobile carriers terms of service and acceptable content policies. If you have a question of what is suitable, please contact us at info@Mamogo.com.

6.Content Approval Process

Mamogo approves all user submissions within a period of three calendar days(3). User submissions are automatically added to the Mamogo.Com website and are available for immediate purchase by Mamogo.Com members. User Submissions must comply with Section (5a)(5b)(5c) of this terms of service and failure to do so with result with the actions contained here within. Mamogo retains the right to reject any user submission for any reason and without explanation. Any user submission that contains unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, content that violates the terms of service of any mobile carrier Mamogo delivers content to will be removed and the Mamogo member responsible for said user submission will be subject to the penalties outlined in this document. All user submissions at any time can be reported to Mamogo as "Inappropriate content" whereas Mamogo will identify and remove if necessary. Each User Submission (content) may be required to be approved by Service Provider/Mobile Carrier in advance of any content being available on any Mamogoâ??s site and or application. A representative from the Service Provider/Mobile Carrier or an authorized agent of the Service Provider/Mobile Carrier may typically review content within 72 hours of it being uploaded to Mamogo.Com.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Mamogo WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mamogo, ITS OFFICERS, PARENT COMPANY DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mamogo MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 Mamogo WEBSITE. Mamogo DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mamogo WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mamogo 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL Mamogo, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mamogo WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mamogo SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Mamogo from its facilities in the United States of America. Mamogo makes no representations that the Mamogo Website is appropriate or available for use in other locations. Those who access or use the Mamogo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless Mamogo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mamogo Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mamogo Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Mamogo Website is not intended for children under 13.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mamogo without restriction.

12. General

You agree that: (i) the Mamogo Website shall be deemed solely based in Toledo Ohio; These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Mamogo that arises in whole or in part from the Mamogo Website shall be decided exclusively by a court of competent jurisdiction located in Toledo, Ohio. These Terms of Service, together with the
Privacy Notice at http://www.Mamogo.com and any other legal notices published by Mamogo on the Website, shall constitute the entire agreement between you and Mamogo concerning the Mamogo Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mamogo's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mamogo reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Mamogo Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Mamogo AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Mamogo WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.