TERMS AND CONDITIONS OF USE

Introduction

These Terms and Conditions (hereinafter the “Terms”) manage and govern your access and use of the website www.mobylengage.com and www.make-mo.com, including all pages within (collectively referred to herein below as the “Website”), owned by WIRELESS LATIN ENTERTAINMENT DOMINICANA, S.R.L. (hereinafter “Mobyle Engage”).   These Terms apply in full force and effect to your use of this Website and by accessing and/or using the Website you expressly accept all terms and conditions contained herein in full. You must not use or access this Website if you disagree with or have any objection to any of this Terms.  This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.   
 

Intellectual Property Rights

Under these Terms, Mobyle Engage and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are expressly reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the information and material contained on this Website.  Nothing on the Website should be construed as a license to use or right to use any trademark displayed on this Website. It is strictly forbidden to use the trademarks that appear on this Website, or any content thereof. Mobyle Engage will strictly enforce its industrial property and copyright rights to the fullest extent of the law.  You are expressly restricted from and any of all of the following: publishing any of the Website material in any other media; selling, sublicensing and/or otherwise commercializing and/or distributing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is or may be damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this Website to engage in any advertising or marketing.  Certain areas of this Website are restricted from being access by you and Mobyle Engage may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.   
 

Your Content and/or personal information

In case you choose to display on or provide to this Website any information and/or content, including but not limited to text, video, audio, images and/or any material (the “Content”), by displaying or providing it, you grant Mobyle Engage a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.  Content must be your own and must not be invading any third-party’s rights. Mobyle Engage reserves the right to remove any of the Content from this Website at any time, for any reason, without notice.  Telephone number and email address that you may transmit or provide via the Website to Mobyle Engage will be used to send you SMS, email marketing and information about your account, products and offers. Any personal information as name, address, telephone number or email address that you may transmit or provide via the Website to Mobyle Engage will be used in accordance with the Privacy Policy. Any other communication or material that you may send to the Website, such as questions, comments, suggestions, or links, will be treated as non-confidential and non-proprietary. Mobyle Engage reserves the right to disclose your private information to the authorities and your Internet service provider if you carry out illegal activities or violate these Terms. It is forbidden to use the Website to publish, transmit or provide any illegal, threatening, libelous, defamatory or obscene material, or any material that may constitute or encourage illicit behavior. Mobyle Engage may monitor or review any material transmitted or published on the Website and reserves the right to remove any material that deems inappropriate. Mobyle Engage has no obligation to do so and assumes no liability arising from any material transmitted or published through this Website.    
 

No warranties

This Website is provided “as is” with all faults, and Mobyle Engage makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.  The use of this Website and any material contained in it is at your own risk. Mobyle Engage makes no warranties or representations as to the accuracy or timeliness of the material provided on the Website, and assumes no responsibility for errors or omissions on this page.  Mobyle Engage or its subsidiaries, or any other party involved in the creation, production or delivery of this Website is not responsible for any direct, incidental, consequential, indirect or punitive damages arising from your access or use of the Website or any material contained. Without limiting the foregoing, this Website and the material provided are presented “as is”, without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or no infraction.  Additionally, Mobyle Engage will not be held responsible for any loss caused by viruses that may infect your computer or other property due to using, entering or downloading any material from this Website. If you choose to download materials from this website it will always be at your own risk and responsibility.  In accordance with the foregoing, you do not reserve any action or right to exercise against Mobyle Engage, its subsidiaries, parent and/or affiliated companies, its employees, executives, representatives and suppliers for any dissatisfaction, damage or injury that may be caused by or originated in the use of this Website.  The Website may contain links to other pages, including those of Mobyle Engage that may contain a different privacy statement or legal notices. We recommend that you read the privacy statements of each page you visit to understand the privacy terms of such page. We are not responsible for the terms of privacy of the pages to which you are directed.  The insertion of any link to other web pages does not imply that it is endorsed or authorized by Mobyle Engage. Your link to any page is at your own risk. By linking to a page or allowing a link to this web page, Mobyle Engage does not endorse the operator of the page or the content of the linked page and is not responsible for the policies associated with those pages.    
 

Limitation of liability

  
In no event shall Mobyle Engage, nor any of its subsidiaries, parent companies, affiliated companies, officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort of otherwise. Mobyle Engage, its subsidiaries, parent companies, affiliated companies and its its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.    
 

Indemnification

 
You hereby indemnify to the fullest extent Mobyle Engage from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses including reasonable attorney’s fees, arising out or in any way related to your breach of any of the provisions of these Terms.    
 

Severability 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.   
 

Variation of Terms

 
Mobyle Engage is permitted to revise these Terms at any time as it sees fit. By using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.    
 

Assignment 

Mobyle Engage is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you are not allowed to to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.    
 

Entire Agreement

 
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Mobyle Engage and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.    
 

Governing Law & Jurisdiction

 
These Terms will be governed by and interpreted in accordance with the laws of the State of Florida (USA), and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.