PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION.
INTENDED AUDIENCE/USE:
Motorola, Inc. ("Motorola") provides this Application to you, subject to these Terms of Use. This Application is intended for the lawful use of Motorola's customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada.
ACCEPTANCE OF TERMS:
You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION.
RESTRICTIONS ON USE OF APPLICATION:
(c) Copyright 2006 Motorola, Inc. All Rights Reserved. THE UNAUTHORIZED COPYING OR OTHER USE OF THIS APPLICATION IS A VIOLATION OF THE LAW. You acknowledge having been advised by Motorola that the Application is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to Motorola's Rights in individual elements of the Application, Motorola or its licensors own a copyright in the selection, coordination and arrangement of the Application. You are hereby granted permission to use the Application solely for your personal, non-commercial use for interacting with Tilefile's Server. This permission terminates automatically if you breach any of the Application Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Motorola, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Application to any other perceivable form. Motorola does not grant you any permission to use the Application other than the permission expressly stated in these Terms of Use.
TRADEMARKS AND SERVICE MARKS:
There may be proprietary logos, service marks, trademarks, slogans and product designations found on or in the Application. Motorola is not granting you a license to use them in any fashion.
LINKS TO THIRD PARTY APPLICATIONS:
This Application may provide links to other third-party World Wide Applications or resources ("Sites"). Motorola makes no representations whatsoever about any other Site which you may access through this Application. Because Motorola has no control over such Sites, you acknowledge and agree that Motorola is not responsible for the availability of such Sites and is not responsible or liable for any material, advertising, products, or services, collectively referred to as "Content", on or made available from such Sites or for Content that you place on the Site. You are solely responsible for complying with any Site terms of usage. Motorola is not responsible for any of your actions or consequences if you do not comply with any Site terms of usage. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References to any names, marks, products or services of any third parties or hypertext links to third party Sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Motorola makes no representation or warranty as to any third party Content, products or services, and you agree that Motorola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such Site.
By using a third-party Site, you agree that Motorola has no responsibility for assessing or resolving any disputes arising from your use of a third party Service. You acknowledge and agree that some services may be trial services under development and the third party may or may not have responsibility for providing customer support with regard to its use or functionality. Motorola assumes no responsibility for customer support for use of third party services.
Motorola does not track or monitor usage of the Application and your interaction with any Site. Motorola may obtain general Site usage information from a Provider if such information is allowed to be collected by a Provider under the terms of usage that you have agreed to with the Provider.
FEES AND PAYMENTS:
Third-party Site Providers or Operators ("Provider") may charge fees for their services or to access their Site. Any fees are at the discretion of the Provider and it is your responsibility to pay. Any payment dispute is solely between you and the Provider. Motorola is not responsible for charges incurred by your use or access to a third party Site.
Be aware that your cellular service provider may charge fees for access, transport, and uploading of information or content. You are solely responsible for charges incurred through your cellular service provider. Motorola is not responsible for charges incurred through your cellular service provider.
NOTICES:
Notices to you may be made via either email or regular mail. Motorola may also provide notices of changes to the Terms of Use or other matters by such means.
DISCLAIMER OF WARRANTY:
MOTOROLA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE APPLICATION OR SITES LINKED TO FROM THE APPLICATION. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MOTOROLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTOROLA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
MOTOROLA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE APPLICATION, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MOTOROLA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS APPLICATION, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE APPLICATION.
REVISIONS:
A Provider may modify, suspend, withdraw or discontinue, temporarily or permanently, a Site rendering the Application unusable, in whole or in part, at any time without notice. You agree that Motorola shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Application or Provider Site.
TERMINATION:
You agree that Motorola, in its sole discretion, may terminate or restrict your use of the Application or access to a Provider Site (or any part thereof) for any reason, including, without limitation, that Motorola believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.
GENERAL INFORMATION:
The Terms of Use constitute the entire agreement between you and Motorola and govern your use of the Application. You may also be subject to additional terms and conditions that may apply when you use the Application and link to a Provider Site. If any provision of these Application Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Motorola to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Application you agree that the statutes and laws of the United States and the State of Illinois, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Application, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois, USA. 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 the Application, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS:
Please report any violations of these Terms of Use to Motorola at http://www.motorola.com/feedback
SUMMARY OF TILE FILE USER TERMS AND CONDITIONS
The following is a summary of the complete Tilefile Terms and Conditions that apply to your use of the Tilefile service (Service). The complete version is available at [http://www.tilefile.com/terms_of_use]. You agree TO BOTH THIS SUMMARY AND THE COMPLETE TILEFILE USER TERMS AND CONDITIONS (Agreement). If there is any inconsistency between this summary and the complete terms and conditions, the Agreement prevails.
What You Must Do
You must be the same person as the person whose details are provided to set up a Tilefile account, comply with the Agreement, promptly notify Tilefile if you believe or suspect that the Service has been compromised, use the Service for your personal use only and always provide correct and current information.
What You Must Not Do
You must not do, nor authorise any third party to: use the Service for or to upload, transmit or otherwise distribute any content that is unlawful, contains viruses, or is otherwise objectionable as reasonably determined by Tilefile or infringes another's rights.
The Service
Tilefile only needs to provide the Service to you while your Tilefile account is active and valid. You agree to the terms of the Tilefile Privacy Policy (as updated from time to time). The Service is provided on an AS IS and AS AVAILABLE basis and no warranties or guarantees are offered in respect of the Service. Tilefile may set bandwidth, account size, file size or other technical limits on use of the Service. Tilefile expressly assumes no responsibility for backing up your data, damage to your data or integrity of your contact list. Tilefile does not monitor and takes no responsibility for third party content.
The Service is a public non-"permissions based" network and as such Tilefile does not guarantee the privacy, integrity or origin of any content (other than you personal information). You are responsible for all costs related in any way to the use you make of the Service by means of any mobile telephony, PDA or similar communication device (Device). Use of a Device without allowing verification of that Device or any content uploaded exposes your Device to being "spoofed" or imitated or to others sending you content not by or requested by you. Tilefile does not give any warranty or guarantee as to the source or authenticity of the content.
Commencement, Termination and Cancellation of the Agreement or the Service
You may cancel your use of the Service or terminate the Agreement at any time by providing notice to Tilefile. Tilefile may at any time and for any reason, by notice sent to you by email, terminate the Service, terminate the Agreement, or suspend or terminate your Tilefile account. If Tilefile believes on reasonable grounds (including from a reasonably verifiable third party complaint (Complainant)) that you have breached your obligations under the Agreement, Tilefile may suspend your access immediately while an investigation occurs. Further details about the "Notice and Take Down Procedure" are in the Agreement.
Intellectual Property Rights
Tilefile owns all right, title and interest in and to the Service. You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You grant to Tilefile and to all other users of the Service, a licence to use your content.
Indemnity and Limitation of liability
You agree to hold harmless and indemnify Tilefile, and its subsidiaries, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Tilefile gives no warranty in relation to the Service provided or supplied. Under no circumstances is Tilefile or any of its carriers or suppliers liable or responsible in any way to you for any loss, damages, costs or other claims (including consequential damages and loss of profits or loss of revenues), as a result, of any defect, deficiency or discrepancy in the Service. To the extent permitted by law any conditions and warranties implied into the Agreement are expressly excluded. Where they cannot be excluded, Tilefile's liability (if any) arising from the breach of those conditions and warranties is limited, as set out in the Agreement.
Choice of Law; Jurisdiction
The Agreement is governed by and construed in accordance with the laws of the State of New South Wales. You submit to the non-exclusive jurisdiction of the courts of that State.