Introduction
Welcome to Surround Mobile™ Website. (“the Site”). Please read the following Terms of Use carefully before using this Site or downloading any of our software, so that you are aware of your legal rights and obligations with respect to Surround Mobile and its affiliates and subsidiaries (individually and collectively, “Surround Mobile”).
By using this Site you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Surround Mobile has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Term of Use
The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Surround Mobile to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Surround Mobile at your expense.
Web Site Links
Surround Mobile may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). Surround Mobile is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Online Behavior
Please exercise respect when participating in the Surround Mobile' community feature (“User Materials”). You may not submit or publish through Surround Mobile any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Surround Mobile that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that we do not monitor the contents of the community feature and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.
If, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Surround Mobile a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Surround Mobile and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.
Accounts and Security
Surround Mobile does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each Patron will select a password (“Password”) and User Name (“User Name”). You shall provide Surround Mobile with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Surround Mobile, in its sole discretion, deems inappropriate or offensive.
You shall notify Surround Mobile of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Surround Mobile' sole discretion, and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Surround Mobile will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Surround Mobile.
For Notice of claims of copyright infringement, Surround Mobile can be reached by our contact form.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by Surround Mobile. Surround Mobile makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold Surround Mobile, 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 due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and Surround Mobile agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of United States of America, without giving effect to any principles of conflicts of law.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Surround Mobile or other third parties. You are not permitted to use the Marks without the prior written consent of Surround Mobile or such third party, which may own the Marks. Surround Mobile and the Surround Mobile logo are trademarks of Surround Mobile.
If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: admin@surroundmobile.com
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