TERMS AND CONDITIONS

This Agreement (the "agreement") describes the terms and conditions by which Mobile Themes ("we" or "our company") offer our services available to you ("the customer" or "you"). By using any services offered by our company, the customer agrees to be bound by our terms and conditions, which are outlined below:

1. Our service

The services offered by our company are provided free of charge and without a warranty of any kind (see Section 5). We reserve the right to terminate access to our services at any time, either temporarily or permanently. This includes the removal of any files uploaded to our site, or access to our site on a per-member basis.

2. Acceptable use

You must agree that you will not use any of the services offered by our company to transmit or promote data containing (either directly or indirectly) illegal or obscene material, including but not limited to; adult content of any nature, pornography, gambling, illegal weapons, material that may violate hate crimes legislation, material which can be considered offensive to a sector of the population, share copyrighted or paid-for (payware) material, or promote, and support in any way, acts of terrorism.

In addition, the customer agrees not to use our services to commit any wrongful or damaging acts which result in clear justification of civil or criminal action, including but not limited to, defamatory, libellous or private information about individual(s) and company(s) without their express permission.

Should the customer violate our acceptable use policy as outlined above, access to our services may be revoked for the customer. We will fully assist with any law enforcement agencies, working with government agencies and internet service providers as necessary to collect and provide any information we have with regards to the customer and the customer's usage of our services, including but not limited to, your IP address and any files uploaded.

3. Trademarks and copyright

The customer agrees not to use the service to transmit, receive or promote any material which violates any applicable laws, including (but not limited to) work protected by trademarks, service marks, copyright or patents, trade secrets, or intellectual copyright. You agree that any materials used in any way when using our services belong to you, and that you are the author or holder of copyright or an adequate licence allowing for the activity in question. You also warrant that the content in the materials does not in any way violate any rights of any third party. We reserve the right to inspect any data transmitted to or from the server(s) used by our company to check for illegal/unacceptable content or violations of these terms and conditions.

4. Revocation of access to our services

Our company reserves the right at any time to revoke access to our service to selected individuals or companies for any reason. This includes, but is not limited to, reason to believe the individuals or companies in question are misusing our resources (in either CPU time, storage space, excessive bandwidth usage, or by hosting files in violation with our acceptable use policy, as described in Section 2), or if a user is being investigated for suspicious activities on our site, or by any agencies associated with law enforcement.

5. No warranty and company indemnity

You understand that the usage of any services offered by our company is undertaken entirely at your own risk and that our services are provided to you on an "as is" basis. We cannot assure you that our services will be always available, and they may be removed at any time for any reason, either permanently or temporarily, for reasons including, but not limited to, maintenance, server upgrades, bandwidth constraints or for content in violation with our acceptable use policy (see Section 2). We make no warranty that our service will provide satisfactory results, or that our service will be uninterrupted, secure or free of errors. As such, results from our service may not be accurate or reliable. You also expressly agree that any material downloaded or obtained by usage of our service is at your own risk and any damages to your computer system (such as, but not limited to, data loss), yourself, or any third party are your own sole responsibility. Under no circumstances can any correspondence between our company (either via our employees or from our services) and the customer, either oral or written, create a warranty not expressly identified within these terms and conditions.

You also fully agree to hold harmless, indemnify and defend our company, our employees, our affiliates and our agents from any claims, actions or demands, including without any limitation, legal fees alleging or resulting from the use of services offered by our company.

6. Limitation of liability

Use of any services offered by our company is undertaken at your own risk. If you are not satisfied with our service or our terms and conditions, you must discontinue using our service immediately. You hereby expressly agree that our company, our employees, our affiliates and our agents will not be liable for any direct or indirect damages or consequences as a result of any usage of our services, including, but not limited to, loss of profits, data loss or system failure.

7. Modifications to the terms and conditions and our services

We reserve the right to modify our terms and conditions at any time without notice. We also reserve the right to cancel or withdraw our services offered to you (either temporarily or permanently) at any time without notice.

8. Interpretation

If any provision of this agreement is deemed invalid or unenforceable, said provision will be struck (as narrowly as possible). The remaining provisions within this agreement will remain enforced. The Sections within this agreement are only for reference purposes and are not any definition or description of the scope or extent of a section or provision.

9. Miscellaneous

These terms and conditions are governed by the laws of England and Wales. Any legal action or proceedings made as a result of these terms and conditions or use of any of our services will be brought in a court in the East Midlands region of England. No action arising under this agreement may be brought after a twelve (12) month period after the issue leading to the action took place.