mykindablog | a mykindablog site

MOBRIO'S TERMS OF SERVICE FOR "MYKINDABLOG"

1. ACCEPTANCE OF TERMS

Welcome to Mobrio’s mykindablog blogging service ("Service"). Your entire use of the Service as site owner ("Site Owner") is subject to these Terms of Service ("TOS"). Mobrio reserves the right to amend the TOS from time to time without notice. You can read the current version of the TOS here.

If you are under sixteen years of age, by registering to use the Service, you confirm that you have previously obtained the consent of a parent or your legal guardian and that they have read these TOS and agree to be bound by them on your behalf. If you are under sixteen years of age and have not obtained the consent of a parent or your legal guardian to use the Service, you are not authorised to use the Service.

2. DESCRIPTION OF SERVICE

Mobrio provides each Site Owner with a personal web site on the Service ("Site"). Each Site is allocated an amount of disk space and Internet bandwidth; the amounts allocated are at the discretion of Mobrio. The Service includes software tools that enable the Site Owner to create and utilise the Site. Unless otherwise stated, new features or tools added to the Service shall be subject to the TOS. Some elements of the service may be provided through cooperation with third parties ("Partners"). These elements are clearly identified. You acknowledge that you may separately be required to accept the terms and conditions of Mobrio's Partners in order to use these elements of the Service. In order to use the Service, you must separately obtain access to the World Wide Web and/or mobile Internet ("the Internet") and pay any fees associated with that access. In addition, you must provide all equipment necessary to make such connection to the Internet, whether a personal computer, personal digital assistant or mobile phone. You accept and agree that in order for Mobrio to operate the Service, Mobrio may send communications to you such as service announcements and other such messages it considers reasonable. You accept and agree that these communications are essential to the smooth running of the Service and that you may not elect not to receive them.

If you require after-sales service, you should firstly consult the list of FAQs on this site. Site Owners may also submit enquiries by completing the form shown under FEEDBACK.

3. REGISTRATION

To order to use the Service you must register by providing Mobrio with certain personal information ("Personal Information"). Site Owners will be allocated an initial password for their Site during the registration process. You can change your password at any time. You agree that you are responsible for maintaining the confidentiality of your user name and password and for all activities that occur on your Site. You agree to immediately notify Mobrio of any unauthorised use of your user name or password or any breach of security of which you become aware. Mobrio is not liable for any loss or damage arising from your failure to comply with Section 3. When registering to use the Service, you agree to provide true and accurate Personal Information. If you provide any Personal Information that is untrue, inaccurate or incomplete, or Mobrio has reasonable grounds to suspect that the Personal Information you have provided is untrue, inaccurate or incomplete, you agree that Mobrio has the right to suspend or terminate your use of the Service.

4. TERMINATION

You as a Site Owner may terminate your use of the Service at any time. Termination takes effect immediately. Upon termination, a Site Owner no longer has access to their Site and all content on that Site will be deleted immediately by Mobrio. Mobrio accepts no liability for any content deleted as a result of termination by a Site Owner. Mobrio may, without any liability, terminate any access to the Service at any time and for any reason. Any dispute of whatever nature between a Site Owner and third parties is not a matter for Mobrio.

You agree that Mobrio may, without prior notice of any kind, immediately terminate your access to the Service and the Site. Cause for such termination shall include, but not be limited to, (a) breaches of the TOS, (b) requests by legal authorities or governments, (c) a request by the Site Owner, and (d) unforeseen technical issues or for reasons of force majeure (e) cessation of the provision of the Service by Mobrio for business reasons. Termination of your use of the Service includes (a) termination of access to all elements of the Service including those operated by Partners, (b) deletion of your user name, password, personal information, email and all associated content on the Site, and (c) preventing any further use whatsoever of the Service. Furthermore, you agree that termination by Mobrio shall be made at Mobrio's sole discretion and that Mobrio shall not be liable to you or any third-party for any such termination of the Service.

5. PRIVACY POLICY

Mobrio's current privacy policy for the Service can be read here.

6. STEWARDSHIP AND SECURITY

You are responsible for maintaining the security of your Site and you are solely responsible for all activities and actions that occur in connection with all use of the Site. You agree to immediately notify Mobrio of any unauthorised access to or use of the Site or any security breach whatsoever that you become aware of. You accept and agree that Mobrio is not liable for any loss or damage from your failure to comply with your obligation in this regard. You acknowledge and agree that under no circumstances will Mobrio or any of its directors, officers, employees, contractors, Partners or customers be liable, in any way, for any acts or omissions by a Site Owner, including any damages of any kind incurred as a result of such acts or omissions.

7. CONTENT AND RULES OF CONDUCT

You acknowledge and agree that all information whether data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which they originate. This means that you, and not Mobrio, are solely responsible for all Content uploaded, posted, transmitted or otherwise made available by using the Service. Mobrio cannot and does not guarantee the accuracy, integrity or quality of Content. You agree that you alone must evaluate, and bear all responsibility and risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Mobrio be liable in any way for any Content, including, but not limited to, for 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 made available via the Service.

You acknowledge and agree that by using the Service you may be exposed to Content that is offensive or indecent. You acknowledge that Mobrio cannot check all Content, but that Mobrio and its appointees shall have the right (but not the obligation) at their sole discretion to review, identify and remove any Content that is made available using the Service that does not comply with the TOS. You acknowledge and agree that Mobrio may keep Content and may disclose it if so required by law or if it believes that so doing is reasonable to: (a) comply with legal process, (b) enforce the TOS, (c) respond to any claim that any Content infringes the rights of third parties, or (d) protect the rights or personal safety of the directors, officers, employees, contactors, Partners of Mobrio, or its customers and the public.

You acknowledge and agree that in order to transmit data including your Content over connecting networks that it may prove necessary for Mobrio to compress, crop or modify Content before it can be adequately incorporated on your Site or to comply with your level of service.

You agree that you will under no circumstances:

upload, post, transmit or otherwise make available or cause to be made available any Content that is unlawful, threatening, abusive, defamatory, harmful, obscene, libellous, or otherwise objectionable;
misrepresent your affiliation with any third party;
upload, post or otherwise transmit any Content where you do not have a right so to do or that infringes the rights of a third party;
attempt to disguise your identity or the origin of any Content made available through the Service;
transmit or cause to be transmitted unsolicited email;
promote a site with content that infringes the TOS;
upload, post or otherwise transmit any material that contains any computer programs or data designed to hinder, interrupt or destroy the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or any of its components, or ignore or disobey the regulations of networks used to connect to the Service;
impersonate any person or entity, including, but not limited to, a Mobrio director, employee, contactor, Partner or customer or falsely state or otherwise promote the sale of or sell any goods or service that (a) infringes any applicable law in your country of residence, (b) Mobrio determines, at its sole discretion, is inappropriate for sale through the Service;
promote or provide information that may promote illegal activities;

8. OWNERSHIP OF CONTENT AND GRANT OF LICENSE

Mobrio does not claim any ownership of the Content uploaded to your Site. By submitting Content via use of the Service, you as Site Owner simultaneously grants Mobrio a worldwide, royalty-free, non-exclusive license to reproduce, modify and publish the Content solely for the purpose of displaying and promoting the Site and the Service. This license shall cease upon termination of your use of the Service save for the provisions of Clause 7 - Content And Rules Of Conduct.

9. LINKS TO OTHER SITES

The Service or third parties may provide access to links to other sites or resources on the World Wide Web. Mobrio has no control over such sites and resources and you acknowledge and agree that Mobrio is not responsible for the availability of such external sites or resources and moreover does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mobrio 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 advertising, products or other materials available on or through any site or resource linked directly or indirectly to the Service.

10. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the prior written permission of Mobrio.

11. MODIFICATIONS TO SERVICE

Mobrio reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mobrio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary information that is protected by applicable intellectual property rights and other laws. Unless authorised in writing by Mobrio and/or by the rights owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software in whole or in part.

13. DISCLAIMER & WARRANTIES

Mobrio will use its best endeavours to provide the Service incorporating those features as described from time to time. You expressly acknowledge and agree that:

you use the Service at your sole risk. The Service is provided without warranty and is provided on an "as is" and "as available" basis;
Mobrio will make reasonable efforts to operate the Service, however, Mobrio is not responsible for any damage, loss of data, customer information, income, or other harm to any person or business arising out of delays, restriction or loss of access, bugs or errors, unauthorised use due to your Friends using the Service or any other interaction with the Service. You alone are responsible for maintaining any copy of the data that you choose to upload to the Service. Mobrio does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material acquired through use of the Service will meet any expectations, and (v) any errors in the Service will be corrected;
any material obtained through the use of the Service is downloaded at your sole discretion and risk and that you alone will be responsible for any damage to your computer system or loss of data that results from the download of any such material;
no advice or information, whether oral or written, obtained through your use of the Service shall create any warranty not expressly stated in the TOS.

14. LIMITATION OF LIABILITY

You acknowledge and agree that Mobrio shall not be responsible or liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses (even if Mobrio has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Service; (ii) unauthorised access to or alteration of your Content; (iii) statements or conduct of any third party using the Service; or (iv) any other matter relating to the Service.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations therefore may not apply to you.

15. INDEMNITY

You agree to indemnify and hold harmless Mobrio, its subsidiaries, directors, officers, agents, employees, contractors, Partners or customers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, the activities of your Friends, your connection to the Service, your infringement of the TOS or your infringement of any third party rights.

16. NOTICES

Notices may be sent to you by email or post.

17. JURISDICTION

The TOS constitutes the entire agreement between you and Mobrio. Your acceptance of the TOS and its interpretation is subject to English law. As part of the TOS, you agree to abide by all applicable laws and regulations in your country of residence with regard to your use of the Service. You may be subject to additional terms and conditions that apply should you use the services of Partners, third-party content or third-party software.

If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in that provision and that nevertheless, the other provisions of the TOS shall remain in force. The failure of Mobrio to exercise or enforce any right or obligation of the TOS shall not constitute a waiver.

The section titles in the TOS are for convenience only and have no legal or contractual effect.