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1.0 Terms of Use for Advertisement
1. All advertisement bookings are governed by the rules and regulations of the Publisher,
who reserves the right to change or amend these rules whenever necessary.
2. Notwithstanding the terms and conditions stated on the advertisers' or agencies' contracts,
the placing of an order or contract will be deemed an acceptance of the publisher's rules and regulations.
3. The publisher will not be responsible for any omission to insert an advertisement and reserves the right
to reject or cancel any order without explanation, notwithstanding acceptance of payment.
4. The publisher is indemnified against all claims, actions, suits demands, losses, costs and expense
in respect to advertisement published under instructions from an advertiser or his advertising agency.
5. Placement of ads on specified pages are subject to the prevailing loading charges.
While the publisher endeavors to place all ads in the best position possible where no loading charge is levied,
the ad will be placed at the discretion of the publisher.
6. Advertisement space sold is governed by the publisher's technical data.
7. Restrictions on sizes of advertisement are governed by prevailing conditions and will vary
from time to time according to publisher's advice.
8. All casual ads must be paid in advance. Cheques should be made payable to Mobizpage.
9. Complaints on ads must be brought to the publisher's attention within seven days of publication,
otherwise they may not be entertained.
10. The advertiser should furnish the publisher with name, address, I/C No. and other particulars.
11. In the case were the digital artwork is provided by the client, the publisher will not be responsible
for any technical fault or any differences in artwork compare to the original references due to incompatible
computer operating systems.
Terms of use for Web Site
1. The following Terms of Use shall regulate any and the entire website http://www.mobizpage.com/ and any
and the entire web pages within http://www.mobizpage.com/ (collectively to be known as "mobizpage.com").
The term "user" shall apply to any access to mobizpage.com, including Internet Users and clients of Mobizpage
2. ACCEPTANCE
By visiting mobizpage.com, you are agreeing, without limitation or qualification, to be bound by, and to comply
with, these Terms of Use and other posted guidelines or rules applicable to any individual web page within
mobizpage.com. All such guidelines and rules are hereby incorporated by reference into the Terms of Use. This
agreement constitutes a binding contract between you and Mobizpage.
3. CONDITIONS & RESTRICTIONS ON USE
The use of mobizpage.com is subject to compliance with these Terms of Use. You acknowledge and agree that
Mobizpage may terminate your access to mobizpage.com should you fail to comply with the Terms of Use or
any other guidelines and rules published by Mobizpage. Any such termination shall be at Mobizpage's discretion
and may occur without prior notice or any notice. Mobizpage further reserves the right to terminate any
user's access to mobizpage.com for any conduct that Mobizpage, at its sole discretion, believes is or may be
directly or indirectly harmful to other users, to Mobizpage and its partners, affiliates or to other third parties,
or for any conduct that violates any local, state, federal or foreign laws or regulations. Mobizpage further
reserves the right to terminate any user's access to mobizpage.com for any reason or for no reason at all, at
Mobizpage's sole discretion, without prior notice, or any notice.
4. REGISTRATION & PRIVACY
Certain access and/or use of individual web pages within mobizpage.com may require the user to register and
provide certain data. In registering and providing such data, you represent and warrant that:
4.1 the information about yourself is true, accurate, current and complete as required by various mobizpage.com
registration forms ("Registration Data"); and
4.2 you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Mobizpage has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mobizpage
has the right to suspend or terminate your account and refuse any and all current or future use of the relevant
web pages.
5. STORAGE
Many features of mobizpage.com store information on behalf of users. Examples include, but are not limited to,
e-mail messages, chat, web pages, message boards, and postings of property listings. Mobizpage reserves the
right, at its sole discretion, to limit the amount of storage space available per user or to delete materials
stored for an excessive period while the user's account has been inactive.
6. DISCLAIMER OF WARRANTIES
The mobizpage.com and products and services are provided "as is," with no warranties whatsoever. Mobizpage
disclaims any warranties for the security, reliability, timeliness, and performance of mobizpage.com and
products and services. Mobizpage also disclaims any warranties for other services or goods received through
or advertised on mobizpage.com or received through any links provided in mobizpage.com, as well as for any
information or advice received through mobizpage.com or through any links provided in the products and services.
You expressly understand and agree that Mobizpage disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability or availability of information or
material in mobizpage.com. Mobizpage disclaims any responsibility for the deletion, failure to store,
misdelivery, or untimely delivery of any information or material. Mobizpage also disclaims any responsibility or
liability for any harm resulting from downloading or accessing any information or material through
mobizpage.com, including, without limitation, harm caused by viruses or similar contamination or destructive
features. Mobizpage makes no warranty regarding the reliability or accessibility of any web pages or any
storage facilities offered by mobizpage.com.
You understand and agree that any material downloaded or otherwise obtained through the use of the
mobizpage.com is done at your own discretion and risk and that you will be solely responsible for any damages
to your computer system or loss of data that results in the download of such material.
7. LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall Mobizpage be liable to any user on
account of that user's use or misuse of and reliance on mobizpage.com. Such limitation of liability shall
apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive
damages (even if Mobizpage has been advised of the possibility of such damages). Such limitation of liability
shall apply whether the damages arise from use or misuse of and reliance on mobizpage.com, from inability
to use mobizpage.com, or from the interruption, suspension, or termination of mobizpage.com (including such
damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received
through or advertised on mobizpage.com or received through any links provided in mobizpage.com, as well as by
reason of any information or advice received through or advertised on mobizpage.com or received through any
links provided in mobizpage.com. Such limitation shall apply, without limitation, to the costs of
procurement of substitute goods or services, lost profits, or lost data. Such limitation shall similarly apply
with respect to the performance or non-performance of mobizpage.com or any information or merchandise that
appears on or is linked or related in any way to mobizpage.com. Such limitation shall apply notwithstanding any
failure of essential purpose of any limited remedy.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to
store, failure to back up, or alteration of member web pages or other content stored through mobizpage.com.
Under no circumstances shall Mobizpage be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without
limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
8. DISCLAIMER REGARDING THIRD PARTY CONTENT
The mobizpage.com offers access to numerous third party web pages and content available over the Internet. In
overwhelming majority instances, including, but not limited to, sites displayed as search results or contained
within a directory of links, Mobizpage has no control whatsoever over the content of such sites. In other
instances, including, but not limited to, web pages hosted on mobizpage.com or provided to mobizpage.com by
third parties, Mobizpage may set guidelines for what may appear on such web pages and may engage in certain
screening, but generally exercises no control over the content of such web pages and is unable to police all
such content. Third party content accessible through mobizpage.com from such sources is developed by people
whom mobizpage.com exercises no control over.
The search results that appear from Mobizpage search engines are automated and Mobizpage cannot and does
not screen the sites before including them in the search results from which such automated search results
are gathered. Similarly, web pages hosted by mobizpage.com are posted by third parties, and Mobizpage cannot
and does not screen such web pages before they are made accessible to other users of mobizpage.com.
Accordingly, Mobizpage assumes no responsibility for the content of any site included in any search results
or otherwise linked to mobizpage.com or in any web page hosted for a third party within mobizpage.com.
9. mobizpage.com USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs,
pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not Mobizpage, are entirely responsible for all Content that you upload, post, e-mail or
otherwise transmit via the Services. Mobizpage does not control the user or third party Content posted via
mobizpage.com and, as such, does not guarantee the accuracy, integrity or quality of such user or third party
Content. You acknowledge and agree that by using mobizpage.com, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will mobizpage.com be liable in any way for any
user or third party Content, including, but not limited to, for any errors or omissions in any such Content,
or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or
otherwise transmitted via mobizpage.com. As a general matter, Mobizpage does not pre-screen user or third party
Content posted on mobizpage.com. Mobizpage does not guarantee that any screening will be done to your
satisfaction or that any screening will be done at all. Mobizpage reserves the right to monitor some, all, or
no areas of mobizpage.com for adherence to these Terms of Use or any other rules or guidelines posted by Mobizpage.
10. PROHIBITED CONDUCT
You agree that you will NOT use mobizpage.com to:
10.1 Upload, post, e-mail, otherwise transmit or post links to any Content, or select any member or user name
or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
10.2 Upload, post, e-mail, otherwise transmit or post links to any Content that promotes illegal activity,
including without limitation the provision of instructions for illegal activity.
10.3 "Stalk" or otherwise harass another.
10.4 Collect or store personally identifying information about other users for commercial or unlawful purposes.
10.5 Impersonate any person or entity, including, but not limited to, a Mobizpage official, employee, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
10.6 Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part
of any communication, including emails, transmitted through mobizpage.com.
10.7 Upload, post, e-mail, otherwise transmit or post links to any Content that you do not have a right to
transmit under any law or regulation or under contractual or fiduciary relationships (such as inside
information, or proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
10.8 Upload, post, e-mail, or otherwise transmit, or post links to any Content that facilitates hacking.
10.9 Upload, post, e-mail, otherwise transmit or post links to any Content that infringes any patent,
trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or
contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation,
the following forms of software piracy:
10.9.1 Making available copyrighted software or other Content that has had the copyright protection removed.
10.9.2 Making available serial numbers for software that can be used to illegally validate or register software.
10.9.3 Making available tools that can be used for no purpose other than for "cracking" software or other
copyrighted Content.
10.9.4 Making available any software files for which the user does not own the copyright or have the legal right
to make available.
10.9.5 Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising,
promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of
solicitation, except in those areas that are designated for such purpose.
10.10 Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses,
worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive
requests for information designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or
impair the functionality of mobizpage.com.
10.11 Use automated means, including spiders, robots, crawlers, or the like to download data from any
mobizpage.com database.
10.12 Conduct your own contests and promotions.
10.13 Upload, post, e-mail, otherwise transmit or post links to any Content regarding any raffle, contest or
game requiring a fee by participants.
10.14 Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform,
link, display or in any way exploit any Content from any mobizpage.com database, including, without limitation,
by incorporating data from any mobizpage.com database into any e-mail, whether browser-based, based on
proprietary client-site applications, web-based, or otherwise.
10.15 Sell, distribute, or make any commercial use of data obtained from any mobizpage.com database or make
any other use of data from any mobizpage.com database in a manner which could be expected to offend the
person for whom the data is relevant.
10.16 Create and maintain a mobizpage.com web page as storage for remote loading, or as a door or signpost
to another homepage.
10.17 Create and maintain a mobizpage.com web page that contains hyperlinks to content not permitted on
mobizpage.com.
11. NO LICENSE & INTELLECTUAL PROPERTY
Except as expressly provided, nothing within any of mobizpage.com shall be construed as conferring any
license under any of mobizpage.com's or any third party's intellectual property rights, whether by estoppels,
implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree
that certain Content available through and used to operate mobizpage.com is protected by copyright, trademark,
patent, or other proprietary rights of Mobizpage and its affiliates, licensors, and service providers. Except as
expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service
marks, or other intellectual property made available by Mobizpage in connection with mobizpage.com. You agree
not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Mobizpage, any of Mobizpage's
affiliates, or any of Mobizpage's service providers. You agree not to use any of the trademarks or service
marks or other Content accessible through mobizpage.com for any purpose other than the purpose for which
such Content is made available to users by Mobizpage. You agree not to defame or disparage Mobizpage, the
trademarks or service marks of Mobizpage, or any aspect of mobizpage.com. You agree not to adapt, translate,
modify, decompile, disassemble, or reverse engineer mobizpage.com or any software or programs used in
connection with mobizpage.com.
12.0 INDEMNITY & RELEASE
By using mobizpage.com, you agree to indemnify Mobizpage and its parents, subsidiaries, affiliates,
officers, and employees and hold them harmless from any and all claims and expenses, including attorney's
fees, arising from your use of mobizpage.com or your submission of ideas and/or related materials to
mobizpage.com or from any person's use of any account or password you maintain with any portion of
mobizpage.com, regardless of whether such use is authorized by you. By using mobizpage.com or submitting
any ideas and/or related materials to mobizpage.com, you are hereby agreeing to release mobizpage.com and
its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to mobizpage.com or to any disputes
regarding use of ideas and/or related materials submitted to mobizpage.com.
13. LIMITATION OF ACTION
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action
you may have arising out of, or relating to, your use of mobizpage.com must be filed within one (1) year after
such claim or cause of action arises, or forever be barred.
14. CHANGES IN TERMS OF USE AND CHANGES IN mobizpage.com
mobizpage.com reserves the right to modify mobizpage.com from time to time, for any reason, and without notice,
including the right to terminate mobizpage.com or parts thereof. mobizpage.com reserves the right to modify
these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so
you will be aware of any such changes.
15. NON-WAIVER & SEVERABILITY
Mobizpage's failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of
such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Use be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force
and effect.
16.0 NO RESALE, ASSIGNMENT OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under
these Terms of Use without prior express written authorization of Mobizpage.
17. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of
rights or obligations, these Terms of Use shall be binding upon the parties hereto and their respective heirs,
successors, and assigns.
18. TERMINATION & SURVIVAL
These Terms of Use shall continue in effect for as long as you use mobizpage.com, unless specifically
terminated earlier by Mobizpage. All provisions of these Terms of Use which impose obligations continuing in
their nature shall survive termination of these Terms of Use.
19. COMMUNICATION WITH USERS
Mobizpage reserves the right to communicate with you regarding your use of mobizpage.com.
20. SUBMISSION OF IDEAS & COMMENTS
Mobizpage is always improving mobizpage.com and developing new features. If you have ideas regarding
improvements or additions to mobizpage.com, we would like to hear them but any submission will be subject to
these Terms of Use. Under no circumstances shall any disclosure of any idea or related materials Mobizpage to
mobizpage.com be subject to any obligation of confidentiality or expectation of compensation. By submitting the
idea and/or any related material to Mobizpage, you are waiving any and all rights that you may have in the idea
or any related materials and are representing and warranting to Mobizpage that the idea and/or related materials
are wholly original with you, that no one else has any rights in the idea and/or materials and that Mobizpage is
free to implement the idea and to use the materials if it so desires, as provided or as modified by Mobizpage,
without obtaining permission or license from any third party.
21. VIOLATION OF TERMS & CONDITIONS
Should you violate these Terms of Use or any other rights of Mobizpage and mobizpage.com, Mobizpage reserves
the right to pursue any and all legal and equitable remedies against you, including, without limitation,
terminating any and all user accounts on any and all of mobizpage.com
22. NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS
These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only.
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