Effective Date: November 1, 2006
ACCEPTANCE OF TERMS MORANGE welcomes you. By checking the “Terms and Conditions” box, or registering for MORANGE's Services (defined below), or accessing and using the morange.com website, you agree that you have read, understand, and accept the terms and conditions described below (the “Terms of Service”). By agreeing to the Terms of Service, you agree that you have read, understand, and accept the terms and conditions of the Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms of Service, you should not use any of the Services.
DESCRIPTION OF SERVICES MORANGE is a mobile service that aims to mobilize the digital world around you and make it easily accessible form your mobile phone. Morange provides users with a variety of services including, but not limited to, the morange.com website, mobile phone applications (including but not limited to the Morange J2MEand Morange Desktop applications), an application program interface (“API”) which allows developers to customize the content received through use of the Services (collectively the "Services"). MORANGE are products of MOZAT PTE LTD.
ELIGIBILITY You must be at least 18 years old to use the Services. By accessing, browsing, or using the MORANGE website or using MORANGE's Services, you are representing that you are at least 18 years old.
CHANGES IN TERMS OF SERVICE MORANGE reserves the right at any time and from time to time to modify, update or amend these Terms of Service, in its sole discretion. The amended Terms of Service will be posted on the MORANGE web site. Your continued use of the Services constitutes your acceptance of any such changes or modifications to the Terms of Service.
MODIFICATIONS TO THE SERVICES By agreeing to these Terms of Service, you agree that MORANGE may, in its sole discretion terminate, discontinue, suspend or modify the Services in whole or in part (such as the website or a portion thereof, or the mobile services) with or without notice. You further agree that Morange may, in its sole discretion terminate, discontinue, suspend or modify your access to, or use of, the Services in whole or in part (such as the website or a portion thereof, or the mobile services) with or without notice. You agree that Morange shall not be liable to you or any third party for any direct, indirect, or consequential damages stemming from these modifications. Even if your MORANGE Services are terminated or you terminate use of the Services, you agree that the Terms of Service continue to apply, including, but not limited to, the provisions relating to indemnification, liability limitations, disclaimers, and proprietary rights.
PASSWORD AND SECURITY Upon registration for the MORANGE Services, you will be required to provide MORANGE with your password and user name. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. MORANGE shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. You agree to immediately notify MORANGE of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is the user's responsibility to change the password, and immediately notify MORANGE, so that your account remains both secure and functional.
MORANGE PRIVACY POLICY Concerns about privacy are addressed in our Privacy Policy. By agreeing to the Terms of Service, you agree that you have read, understand, and accept the terms and conditions of the Privacy Policy, which are incorporated herein by reference. You may also contact support@mozat.com for further information.
USER CONDUCT As the user, you accept total responsibility for your behavior and conduct while using the Services. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MORANGE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. MORANGE does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree not to use the Services to:
1. upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
4. upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
5. impersonate any person or entity, including, but not limited to, MORANGE officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of MORANGE's Services;
7. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures or policies or regulations connected to the Services;
8. intentionally or unintentionally violate any applicable local, state, national, or international law.
If we believe that you have committed any of the foregoing or other illegal, fraudulent or deceptive acts, MORANGE may, without notice and in its sole discretion, subject you to sanctions, including, but not limited to, termination of your access to the Services, cancellation of your account and potential civil liability. MORANGE retains the right to eliminate or remove any content or terminate any user that violates these conditions, but is under no obligation or responsibility to do so. Any violator should be reported to support@mozat.com .
You acknowledge, consent and agree that MORNGE shall have the right (but not the obligation) in its sole discretion to preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of MORANGE and its employees, users, or the public; or (v) administer the Services.
SUBMISSIONS MORANGE welcomes your comments regarding the Services. By posting messages, uploading files, inputting data, providing information, content or materials to MORANGE or engaging in any other form of communication (individually or collectively "Comments") to or within the website or Services, you grant to MORANGE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Comments and any ideas or original materials contained in such Comments, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Comments including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by MORANGE of any material or idea submitted by you in any Comments or to receive any compensation for such use. You waive all rights to any claim against MORANGE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Comments. You agree and understand that MORANGE is under no obligations to use any material or ideas submitted by you in any Comments in any way whatsoever.
PROPRIETARY RIGHTS You acknowledge and agree that the Services and all content on the website (including but not limited to all content, text, pictures, graphics, headers, images, and software implementing the website), whether provided by MORANGE or its business partners (including sponsors, suppliers, advertisers, and others) contain proprietary and confidential information that is protected by applicable copyright, trademark, patent, trade secret, and/ or intellectual property and other laws such that it is the sole property of MORANGE or third parties who may own them.
The content is intended solely for the non-commercial use of authorized users, for the sole purpose of accessing email through the MORANG suite of services. Except where it is expressly authorized by MORANGE, as described below, you agree not to duplicate in whole or part, resell, distribute, license, publish, lease, modify, assign, or sell any content. In addition, you agree not to reverse engineer or create derivative works based on the website, content, or service provided by MORANGE. Except as expressly granted herein, MORNGE and its business partners do not impliedly or expressly grant to you any rights or ownership of any patents, copyrights, trademark, or trade secrets.
MORANGE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MORANGE for use in accessing the Services.
If you are unsure whether your intended use complies with the above terms, or would like to request permission to use the content for another purpose, please contact support@mozat.com
INCIDENTAL COSTS ASSOCIATED WITH USE OF THE SERVICES You agree that you are solely liable for all costs, fees, and other expenses resulting from your use of the Services. This specifically includes, but is not limited to, incidental costs incurred by you in connection with your use of the Services, including, but not limited to, costs owed to your cell phone carrier or mobile provider, monthly cell phone coverage fees, data plan costs, and any other additional fees incurred from your cell phone carrier or mobile provider in connection with receipt of transmission of email messages.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
MORANGE IS ONLY SERVICE ALLOWING SUBSCRIBERS/ REGISTERED USERS TO COMMUNICATE WITH THIRD PARTIES. OUT OF RESPECT FOR OUR USERS' PRIVACY, MORANGE DOES NOT CONTROL OR MONITOR USER MESSAGES AND THEREFORE MAKES NO REPRESENTATION REGARDING THAT CONTENT – INCLUDING WHETHER IT IS TRUE, LEGAL, OR SHOULD BE RELIED UPON.
YOUR USE OF THE SERVICES OR THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES AND WEBSITE ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS. MORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL OPERATE UNINTERRUPTED, WILL OPERATE TIMELY, WILL BE SECURE, OR ERROR FREE. FURTHER, NO REPRESENATION IS MADE THAT ANY DEFECTS WILL BE CORRECTED PROMPTLY OR AT ALL.
MORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE OR WARRANTY THE RESULTS YOU WILL RECEIVE FROM THE WEBSITE OR SERVICES, THE INFORMATION YOU RECEIVE THROUGH THE SERVICES OR WEBSITE FROM EITHER THE SERVICES, THE WEBSITE OR A THIRD PARTY, OR ANY OTHER MATERIAL OR TRANSACTION OCCURRING OR BEING RECEIVED BY REASON OF YOUR USE OF THE WEBSITE OR SERVICES. ALL MATERIAL AND CONTENT, LICENSED MATERIAL, SOFTWARE, CONTENT OR DATA DOWNLOADED THROUGH THE SERVICES OR WEBSITE, AND ALL OTHER CONTENT OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR CELL PHONE OR COMPUTER SYSTEM THAT RESULTS FROM THE USE OF THE SERVICES OR THE WEBSITE, OR THE DOWNLOAD OF ANY OF THE ABOVE DESCRIBED CONTENT, MATERIAL, DATA AND/OR SOFTWARE.
MORANGE IS NOT RESPONSIBLE FOR, NOR DOES IT ENDORSE, ANY THIRD PARTY WHOM YOU ACCESS THROUGH THE SERVICES OF THE WEBSITE. INFORMATION OR ADVICE GIVEN BY MORANGE OR OTHERWISE ACCESSED BY REASON OF YOUR RELATIONSHIP WITH MORANGE IS NOT IN ANY WAY WARRANTIED, EXPRESSLY OR IMPLIEDLY, BY MORANGE. USE OF SUCH INFORMATION IS AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL MORANGE, ITS SUBSIDIARIES, AFFLILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, HARDWARE, SOFTWARE, CELL PHONE OR COMPUTER DAMAGE, OR OTHER INTANGIBLE LOSSES (EVEN IF MORANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR WEBSITE; (2) ANY BREACH OF THESE TERMS OF SERVICE BY MORANGE; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSION OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR WEBSITE; OR (5) ANY OTHER INTERACTION, DIRECT OR INDIRECT, RELATING TO THE SERVICES OR WEBSITE
IF YOU ARE DISSATISFIED WITH THE SERVICES, THE WEBSITE OR ANY CONTENT ON THE SERVICES OR WEBSITE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OR WEBSITE.
INDEMNITY You agree to indemnify, defend and hold harmless MORANGE, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit or access via the web site; (ii) your use of, or inability to use, the Services, including transmission of emails; (iii) your violation of the terms of these Terms of Service; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of the Services, whether or not described herein.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact support@mozat.com. You understand that MORANGE is under no obligation to take any action, however it may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users violating or infringing the copyright or other intellectual property rights of others.
MISCELLANEOUS
Waiver and Severability If any provision of these Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. MORANGE's acquiescence in the breach of a provision of the Terms of Service or failure to act upon such breach does not waive MORANGE's right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of MORANGE to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Choice of Law and Forum The Terms of Service and the relationship between you and MORANGE shall be interpreted in accordance with the laws of the Singapore without regard to conflict of laws principles. You and MORANGE hereby agree to submit, exclusively, to the personal jurisdiction of the state courts with jurisdiction over court in Singapore .
Entire Agreement This agreement constitutes the entire agreement between you and MORANGE and governs your use of the Services, superseding any prior agreements between your and MORANGE with respect to the Services.
Statute of Limitations You agree that any claim or cause of action arising out of or otherwise related to your use of this Website or the Services must be filed within one year after the cause of action arose. If the plaintiff fails to file within one year, the claim shall be forever barred, notwithstanding any statute of limitations or other provision indicating otherwise.
Injunctive Relief You acknowledge that violation of the Terms of Service could cause irreparable harm to MORANGE for which monetary damages may be difficult to ascertain or be an inadequate remedy. Therefore, you agree that MORANGE will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any violation of the Terms of Service.
Survival The terms and conditions contained in the Terms of Service, including but not limited to the provisions relating to Indemnity, Proprietary Rights, Limitation of Liability and Disclaimer of Warranties, that by their sense and context are intended to survive the performance hereof by the Parties hereunder shall so survive the completion of the performance, cancellation or termination of the Terms of Service.
Section Headings The section headings and subheadings contained in the Terms of Service are included for convenience only, and shall not limit or otherwise affect the Terms of Service.
