We provide an exciting way to share photos and communicate with your network of friends and contacts (your "Network"). At your request, Mobile Photo Viewer will collect your call logs, SMS (as defined below) records and certain other information pertaining to your mobile account, including but not limited to information about your geographic region, mobile plan and handset, (your "Mobile Information") from your mobile service provider ("Mobile Service Provider"). We may display some of this information to you and other Mobile Photo Viewer users. Among the tools that we offer, Mobile Photo Viewer allows you to annotate your Mobile Information by inserting the names, pictures and other details ("Contact Information") of the persons corresponding to the telephone numbers listed in your Mobile Information.
To be able to access your Mobile Information, Mobile Photo Viewer may require login information to access your wireless account (your "Login Information"). Login Information will be used by Mobile Photo Viewer exclusively for obtaining your Mobile Information. By providing your Login Information to Mobile Photo Viewer, you represent and warrant that you have the authority to permit us to use your Login Information on your behalf and you hereby authorize and appoint us as your agent to use your Login Information to obtain your Mobile Information.
In order to use Mobile Photo Viewer, you must sign up through the Site and provide certain information about yourself as prompted by the registration form ("Registration Data"). Participation in Mobile Photo Viewer is subject to your provision of complete and accurate Registration Data and your continued compliance with these Terms of Service. You may not use Mobile Photo Viewer if your Cell Phone Service Provider agreement or any other agreement prevents you from granting us the right to use your Login Information on your behalf. Mobile Photo Viewer is not intended for use by children, especially those under age 13. We will not knowingly allow individuals under 13 years old to provide Registration Data and participate in Mobile Photo Viewer. If you are under 13 years of age, then please do not use or access Mobile Photo Viewer at any time or in any manner. Users under 18 should get the permission of their parent(s) before registering and participating in Mobile Photo Viewer.
You agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. We may suspend or terminate your account and refuse any and all current or future use of Mobile Photo Viewer (or any portion thereof) at any time, in our sole discretion, including without limitation, if any of the information you provide is untrue, inaccurate, not current or incomplete. Additionally, members are prohibited from selling, trading, or otherwise transferring their account to another party. You acknowledge that we cannot guarantee the identity of any other users with whom you may interact in the course of using Mobile Photo Viewer or the authenticity of any information they might provide.
You are responsible for safeguarding the password that you use to access Mobile Photo Viewer. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We may provide the means through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or wireless internet ("WAP Services"). We may also make available content and versions of Mobile Photo Viewer available via WAP and mobile phone service. If you subscribe to one of our SMS, WAP or mobile services, you thereby agree to receive such service at the address you provide for such purposes. Such messages may come from us, or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages).
Mobile Photo Viewer may send SMS alerts to your cell phone. You understand that your Mobile Service Provider’s standard rates may apply to these messages, and that you may opt-out of receiving them by following the instructions below. You represent that you are the owner or authorized user of the wireless device you use to sign up for Mobile Photo Viewer, and that you are authorized to approve the applicable charges. To use the SMS, WAP or mobile service, you must reside in the United States.
How to Opt-out: To opt-out from receiving text messages from Mobile Photo Viewer, please login and go to Edit Settings -> Notification Settings and check the box that says "Turn off all SMS notifications".
How to get help or support: To get help, email us at support@mobilephotoviewer.com.
To permanently deactivate your account, please login and go to Edit Settings -> Deactivate Your Account. Deactivation is permanent.
Your Mobile Information, Contact Information, and Login Information ("Your Personal Information") remain your property. By providing us with Contact Information for those individuals in your Network and/or authorizing and allowing us to contact them on your behalf, you represent and warrant that you have the necessary permissions to do so.
Mobile Photo Viewer permits you to create a profile of information ("Your Profile") that will be visible to other users in your Network. By allowing us to access your Mobile Information, you are granting us permission to provide the information in Your Profile, including but not limited to details about your Mobile Information, to other users, Mobile Photo Viewer affiliates, partners and licensors.
As part of providing Mobile Photo Viewer, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of you account membership and you will not be able to opt out of receiving them.
Please refer to our Privacy Policy at www.mobilephotoviewer.com/about/privacy for information and notices concerning our collection and use of Your Personal information.
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to or through Mobile Photo Viewer, including content to be transmitted via mobile networks and your Cell Phone Service Provider (collectively referred to as "User-Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit (whether online or via mobile networks or your Cell Phone Service Provider) or otherwise make available via Mobile Photo Viewer. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
You understand that by using or accessing Mobile Photo Viewer you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings or messages that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any Content or User-Generated Content posted, emailed, transmitted or otherwise made available on or through Mobile Photo Viewer.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Except where stated otherwise in these Terms of Service, we claim no ownership or control over any User-Generated Content. You retain any and all trademark rights and copyright to any User-Generated Content that you submit, post, display or transmit on or through Mobile Photo Viewer and you are responsible for protecting those rights.
While you own all of your own User-Generated Content, you hereby grant us, our licensees and business partners a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content for any purpose. Furthermore, you hereby grant us, our licensees and business partners the right to reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such posted content, including but not limited to photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, video, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees and business partners from any claims, actions and demands of any nature, including, but not limited to, any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.
In granting these licenses to us, our licensees and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User-Generated Content.
We may monitor, edit or remove any posted or transmitted content, but in no circumstances will we be required to monitor or edit the posted or transmitted content. We do not endorse, sanction or encourage any posted or transmitted content and will not be held responsible for the accuracy, legality or applicability of any posted content.
All right, title, and interest in and to Mobile Photo Viewer are and will remain our exclusive property and that of our licensors. Mobile Photo Viewer is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Mobile Photo Viewer. You may not copy or modify the HTML code used to generate web pages on Mobile Photo Viewer. You may not use the Mobile Photo Viewer in connection with any other website, for any purpose. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Mobile Photo Viewer is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit, entirely without obligation of any kind.
You agree not to do any of the following while using Mobile Photo Viewer:
Post, publish or transmit any information that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes, violates or misappropriates another’s rights, including any privacy, publicity, copyright, trademark or other rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of Mobile Photo Viewer, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search Mobile Photo Viewer with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Other than inviting others to join or use Mobile Photo Viewer, send unsolicited email or SMS communications;
Send junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
Post content in fields that are not intended for that content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Mobile Photo Viewer to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Mobile Photo Viewer;
Interfere with, or attempt to interfere with, the access of any member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Mobile Photo Viewer; or
Impersonate or misrepresent your affiliation with any person or entity.
We reserve the right, but will have no obligation, to investigate your use of Mobile Photo Viewer in order to (a) determine whether a violation of the Terms of Service has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
We reserve the right to modify, suspend or discontinue Mobile Photo Viewer, with or without notice, at any time and without any liability to you. You are responsible for your own use of Mobile Photo Viewer, for any posts you make, and for any consequences thereof. You agree that you will use Mobile Photo Viewer in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
We respect the intellectual property rights of others and expect members of Mobile Photo Viewer to do the same. At our discretion and in appropriate circumstances, we may terminate the accounts of members or prevent access to Mobile Photo Viewer by members who infringe the intellectual property rights of others. Filing a notice of infringement with us requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. Our designated agent for notice of alleged copyright infringement appearing on the Site is:
Attn: Copyright Agent
P.O. Box 60608
Palo Alto, CA 94306
Email: copyright@mobilephotoviewer.com
You understand and agree that Mobile Photo Viewer is provided to you on an "AS IS" and "AS AVAILABLE" basis. Your access to and use of Mobile Photo Viewer is at your own risk. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of Mobile Photo Viewer. We will have no responsibility or liability for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of Mobile Photo Viewer. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any of Your Personal Information, any Content, User-Generated Content or any other communications maintained by Mobile Photo Viewer. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
Mobile Photo Viewer may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use Mobile Photo Viewer will automatically terminate. We reserve the right to revoke your access to and use of Mobile Photo Viewer at any time, with or without cause. We also reserve the right to cease providing Mobile Photo Viewer, or to change Mobile Photo Viewer at any time and without notice.
You agree to defend, indemnify, and hold us harmless, as well as hold our officers, directors, employees and agents harmless, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your Network, your access to or use of Mobile Photo Viewer, Your Personal Information, any communications initiated by you on Mobile Photo Viewer or sent on your behalf by Mobile Photo Viewer or your violation of these Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MOBILE PHOTO VIEWER; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH, MOBILE PHOTO VIEWER, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM MOBILE PHOTO VIEWER; (iv) ANY HARM RESULTING FROM USE OF YOUR MOBILE INFORMATION, CONTACT INFORMATION OR LOGIN INFORMATION; AND (v) ANY EFFECTS THAT YOUR USE OF MOBILE PHOTO VIEWER MAY HAVE ON YOUR COMMERICAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF MOBILE PHOTO VIEWER IS LIMITED TO THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNTS PAID TO US BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT FROM WHICH SUCH LIABILITY ARISES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBILE PHOTO VIEWER AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MOBILE PHOTO VIEWER; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH, MOBILE PHOTO VIEWER, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM MOBILE PHOTO VIEWER; (iv) ANY HARM RESULTING FROM USE OF YOUR MOBILE INFORMATION, CONTACT INFORMATION OR LOGIN INFORMATION; AND (v) ANY EFFECTS THAT YOUR USE OF MOBILE PHOTO VIEWER MAY HAVE ON YOUR COMMERICAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF MOBILE PHOTO VIEWER IS LIMITED TO THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNTS PAID TO US BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT FROM WHICH SUCH LIABILITY ARISES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBILE PHOTO VIEWER AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts.
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 Mobile Photo Viewer, these Terms of Service or Your Personal Information must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service are the entire and exclusive agreement between us and you regarding Mobile Photo Viewer and Your Personal Information, and these Terms of Service supersede and replace any prior agreements between us and you regarding Mobile Photo Viewer or Your Personal Information.
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Supported Carriers: AT&T, Verizon Wireless, T-Mobile, and Sprint