THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SERVICES PROVIDED ON THIS WORLD WIDE WEB SITE LOCATED AT WWW.MOBISSIMO.COM (THE "SITE") OF MOBISSIMO ("MOBISSIMO"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Mobissimo reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms at http://www.mobissimo.com/terms_of_use.php. Your continued use of the Site shall constitute your consent to such changes.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Mobissimo.
Mobissimo grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site on such computer, provided that: (1) both the Mobissimo copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of Mobissimo or its licensors, respectively.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of Mobissimo.
Third Party Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Mobissimo (the "Third Party Content"). Mobissimo neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Mobissimo employees acting in their official capacities and you agree that you shall have no right of recourse against Mobissimo for any liability arising out of your use (or lack thereof) of such Third Party Content.
Links To Third Party Sites
This Site includes links to other World Wide Web sites or resources ("External Web Sites"). Because Mobissimo has no control over External Web Sites and resources, you acknowledge and agree that Mobissimo is not responsible for the availability of such External Web Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such External Web Sites or resources. You further acknowledge and agree that Mobissimo shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Web Site or resource. Finally, you acknowledge that such External Web Sites usually have their own terms and conditions, including privacy policies, over which Mobissimo has no control and which will govern your rights and obligations with respect to the use of those External Web Sites.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Mobissimo or others used on this Site are the property of Mobissimo or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of Mobissimo or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, the look and feel of the Site, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Mobissimo or its licensors, Copyright © 2002-2004 Mobissimo Travel Search, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
Copyrights and Designated Agent For Notification of Claims of Infringement Mobissimo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the claim of infringement in writing to Mobissimo's designated agent with the following information: (1) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mobissimo's designated agent for notice of claims of copyright infringement: Mobissimo, Inc. Attention: Webmaster 1631 Old Middlefield Way, Suite Z Mountain View, CA 94043
Under the appropriate circumstances, it is Mobissimo's policy to remove and/or to disable access from the Site to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Web Site to web pages as to which there have been steps taken for the purpose of affecting Mobissimo's search results such as adding inappropriate "meta-tags."
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Mobissimo, and agree that Mobissimo does not warrant the accuracy or timeliness of the Materials and further agree that Mobissimo has no liability for any errors or omissions in the Materials, whether provided by Mobissimo or its licensors.
MOBISSIMO, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. MOBISSIMO DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
You agree to defend, indemnify, and hold harmless Mobissimo, its affiliates, officers, directors, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Site and/or; your connection to the Site; (2) your violation of the rights of others, these Terms, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.
Mobissimo controls and operates this Site from its headquarters in Mountain View, California and makes no representation that the Materials or any Third Party Content on the Site are appropriate or will be available for use in locations other than the United States. If you use this Site you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. These Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of Mobissimo. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of Mobissimo shall be null and void. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Mobissimo to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mobissimo in writing. These Terms comprise the entire agreement between you and Mobissimo and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.