For Site Users
Before you use fingerapps.com, it is important that you read and accept these Terms & Conditions of Service. These Terms & Conditions of Service may change from time to time. Your use of fingerapps.com constitutes acceptance of these Terms & Conditions of Service, and creates a binding legal agreement between you and Megamobile, Inc.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OF SERVICE, DO NOT ACCESS, VIEW OR OTHERWISE USE FINGERAPPS.COM.
Terms & Conditions of Service
1. ACCEPTANCE OF TERMS
This page states the Terms and Conditions of Service ("T&C") made by and between Megamobile, Inc. (hereby referred to as "fingerapps.com", "Megamobile, Inc.", "Fingerapps", "us", "we" and/or "our") and you (hereby referred to as "you" and/or "your").
Megamobile, Inc. reserves the right, at our sole discretion, to alter, modify, add to, or otherwise vary these T&C, without notice or liability to you. Any changes to these T&C shall be effective immediately following the posting of such changes on the website.
You agree to review these T&C regularly and agree that any subsequent use by you of this website following changes to these T&C, our Privacy Policy or other notices posted on this website from time to time, shall constitute your acceptance of all such changes. You may review the most current T&C at any time, at the following website: fingerapps.com.
By completing the registration process, you indicate your acceptance of this T&C. If you do not accept this agreement, do not use fingerapps.com. Each registered user is required to have and maintain a valid mobile services contract with a mobile service provider. Megamobile, Inc. reserves the right, at our sole discretion, to refuse and reject your registration application, without the need to provide any further explanations.
An account will be created for you upon our acceptance of your registration application and completion of the registration process ("Account"). Your Account and your use of the Service is governed by these T&C. Only registered users may use the Service. Kindly do not reveal your user ID, Account name or password to any other person.
2. DESCRIPTION OF SERVICE
Fingerapps.com.ph is a hybrid mobile communications/web-based service which allows its registered users to view and post responses to web-logs ("blogs") contained on the website and as well as to interact with the web-loggers ("Bloggers") via online comments, short message service ("SMS") messages, SMS chats, SMS votes, polls, dedications and broadcasts, multi-media message service ("MMS") messages and dedications (collectively referred to as "Service"). Upon completing the appropriate registration procedures and our acceptance of the registration, a registered user may post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video (referred to as "Materials") on fingerapps.com.
Please note that a fee is payable for selected features of the Service. The charges and fees will be reflected in your mobile services bill issued by your respective mobile service provider. You agree to bear all charges and fees associated with use of the Service and for posting of Material. Megamobile, Inc. may from time to time upgrade or add on additional services. Some of these additional services may be free of charge, others may cost money or have other requirements. The requirements or fees for any additional service will be explained upon implementation.
You understand that the calculation and the aggregation of the aforesaid fees and charges are carried out wholly independent of Megamobile, Inc. and you agree to accept all fees and charges imposed as accurate and final.
Please note that by registering for a Fingerapps account, you agree to receive administrative & promotional messages from Fingerapps & its partners via SMS and email. You can choose to unsubscribe from receiving these SMS messages by logging on to fingerapps.com and updating your profile.
3. MODIFICATIONS TO SERVICES AND/OR MATERIALS
We reserve the right to modify or discontinue the Service and modify Materials posted on fingerapps.com, with or without notice to you. We shall not be liable to you or any third party if we decide to modify or discontinue the Service or to modify any Materials therein.
Megamobile, Inc., and/or its subsidiaries, affiliates, assignees, licensors, assumes no responsibility whatsoever, for any deletion or failure to store information entered into fingerapps.com, including any loss of Materials in the event of any server, equipment, hardware, software, and/or machinery failure or malfunction.
4. CONFIDENTIALITY
The transmission of data, information or Materials (including any transmissions over the Internet, through SMS, or other publicly accessible networks is not secure, and is therefore subject to possible loss, interception or alteration while in transit.
When you post an image or a message, your alias or nickname that you are posting under is visible to others and may include certain personally identifiable information about yourself. If you post personal or identifying information online that is accessible to the public, you may receive unsolicited messages from others.
Megamobile, Inc. does not assume liability for damages you may experience or costs you may incur as a result of transmissions over the Internet, via SMS, MMS, or other publicly accessible networks (including those which may contain your personal information).
5. OWNERSHIP OF MATERIALS
Unless otherwise stated, you will retain copyright ownership and all related rights for information and Materials you publish through fingerapps.com.
Megamobile, Inc. is committed to respecting others' intellectual property rights and we ask our users to do the same. Our policy is to comply with all intellectual property laws of Philippines and to act expeditiously upon receiving any notice of claimed infringement.
All site software, designs, text, images, illustrations, artwork, graphic material, templates or other copyrightable elements, and any of such selection and arrangements, and trademarks, provided are the property of Megamobile, Inc., and/or its subsidiaries, affiliates, assignees, licensors or other respective owners, and are protected, without limitation, pursuant to Philippines and foreign copyright and trademark laws.
You are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute materials (or any portion thereof) in any way or by any means, except as otherwise expressly permitted under Philippines laws, or with the express written permission of Megamobile, Inc. and the copyright owner. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the site, and may subject the offender to civil liability and criminal prosecution under Philippines and/or other applicable laws.
If you believe that your work has been copied by other users of fingerapps.com, you may notify Megamobile, Inc. Megamobile, Inc. may then at our sole discretion, decide upon the course of action to pursue and proceed. or not to proceed with any further actions, and such decisions by Megamobile, Inc. shall be final.
When you post your Materials on fingerapps.com, you grant Megamobile, Inc., its subsidiaries and affiliates a world-wide, royalty-free license to broadcast, publish, reproduce, modify, transmit, display, distribute, and modify your posted Materials for the following purposes :
To display, distribute and promote fingerapps.com;
To promote and market the products and services of fingerapps.com, Megamobile, Inc., its subsidiaries and/or affiliates;
To promote and market the products and services related to your posted Materials, including the sales of such products and services in fingerapps.com.
This license is required for Megamobile, Inc. to show your Materials to other registered users and visitors to the site. Subject to the foregoing, Megamobile, Inc. will not sell any reproductions or derivative works of your Materials or based on your Materials, without your consent. This license shall be granted by you so long as the Material remains published on fingerapps.com and while you remain a registered user. The license will expire immediately upon the completion of the ongoing promotional or marketing activity for which your Material was used, if you delete the said Material from fingerapps.com or the termination of your Account.
6. RESPONSIBILITY FOR MATERIALS
You understand, acknowledge and agree that Megamobile, Inc. does not endorse the Materials of any of its registered users nor of the Bloggers, nor does it assume any responsibility or liability for any threatening, libellous, defamatory, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. This means that you, and not us, are entirely responsible for all Content that you upload, post, SMS, MMS or otherwise transmit via the Service.
7. INDEMNITY
You agree to indemnify, defend, and hold harmless Megamobile, Inc. and its affiliates, associates, officers, directors, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitors' fees) directly or indirectly arising from your Material, your use of the Service, your connection to the Service, your violation of this T&C, or your violation of the laws of Philippines or any other applicable laws. You are solely responsible for your actions when using the Service of, including, but not limited to, costs incurred for Internet access and SMS and MMS transmissions.
8. TERMINATION
You agree that Megamobile, Inc. may, in its sole discretion and without prior notice, terminate your access to the Service and delete or deactivate your password, or Account, and remove and discard your Materials and information and files relating to your Materials within the Service and fingerapps.com, for any reason, including and without limitation, the inactivity or lack of use for more than 3 months, the cessation of your mobile services contract with your mobile services provider or if we believe that you have violated or acted inconsistently with the letter or spirit of the T&C.
Any contracts, verbal or written or assumed, in conjunction with your deleted Account, will be terminated as well.
Megamobile, Inc. reserves the right to bar any future access to fingerapps.com in view of such terminations. You agree that Megamobile, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
9. USERS' CONDUCT
You understand that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the originator of such Material. Megamobile, Inc. does not control or pre-screen Materials posted via the Service and, as such, does not guarantee the validity of such Material or that it is legal or appropriately obtained.
You also understand that by using the Service, you may be exposed to Materials that are offensive, indecent or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material. Should Materials be found or reported to be in violation with, but not limited to, the following terms, it will be Megamobile, Inc.'s sole discretion as to what action should be taken.
You agree NOT to use the Service to:
a. Upload, post or otherwise transmit any Material that is in our opinion to be unlawful, harmful, threatening, inflammatory, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive to another's privacy (including contact particulars or images captured of any person, organization or company without that their prior consent), hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Megamobile, Inc. staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Service;
e. Upload, post or otherwise transmit any Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (this includes any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post or otherwise transmit any Material that may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party recognised under Philippines laws and other applicable laws;
g. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional Materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post or otherwise transmit any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software or hardware or telecommunications equipment owned or utilised for provision of the Service by Megamobile, Inc., its associates, agents and representatives;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. Intentionally or unintentionally violate Philippines laws, regulations and rules as well as the laws and regulations of any other jurisdictions;
k. "Stalk" or otherwise harass another person or company;
l. Collect or store personal data about other users for business or illegal or in our opinion, dishonourable purposes;
m. Promote or provide instructional information about illegal activities, promote terrorism or physical harm or injury against any group or individual, or promote any act of cruelty to animals;
n. Use fingerapps.com as a forwarding service to another website;
o. Allow usage by others in such a way as to violate this T&C; and
p. Engage in commercial activities within fingerapps.com or on behalf of Megamobile, Inc. without prior written approval. This includes, but is not limited to, the following activities:
Display of a banner that is designed to profit you or any other business or organization; and
Display of banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
You understand that there is a limit of only one Account per registered user (for each unique mobile number registered) for this service.
Although Megamobile, Inc. may not pre-screen Materials, Megamobile, Inc. and its employees shall have the right (but not the obligation) in their sole discretion to refuse or move any Material that is available via the Service. Megamobile, Inc. shall have the right to remove or delete any Material that violates the T&C, or which is, in Megamobile, Inc.'s opinion, otherwise objectionable. Megamobile, Inc. may also remove and delete material for reasons of storage limitations.
10. THIRD-PARTY HYPERLINKS
Megamobile, Inc. does not endorse, support or claim responsibility for the contents of third party websites accessed through hyperlinks found on fingerapps.com. You understand that your view, use or access of these third party websites and/or purchase of goods or services from them is at your own risk.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED BY MEGAMOBILE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MEGAMOBILE, INC. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE, IN PARTICULAR, ANY WARRANTY (i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (v) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (vi) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
12. PARENTAL CONSENT
IT IS YOUR RESPONSIBILITY TO OBTAIN PARENTAL CONSENT SHOULD YOU BE UNDER THE AGE OF 18 YEARS, PRIOR TO USING ANY OF THE SERVICES PROVIDED BY MEGAMOBILE, INC., YOU AGREE THAT MEGAMOBILE, INC.SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY UNDER-AGED USERS' ACCESS TO GLOO.COM.PH.
13. YOUR ACCOUNT
At registration, you must provide Megamobile, Inc. with accurate, complete and updated information and particulars. We request that you update your particulars in a timely manner, especially any change in your mobile telephone number. Failure to do so may result in a termination of your Account. We reserve the right to send you via email or SMS communications about the Service or related promotions or marketing events, from ourselves or our partners, without offering you an option to opt-out of receiving such communications if these are Service-related.
You can delete your Account at any time. However, your identification, billing and contact information will remain in our records for a commercially reasonable time and may continue to be used as set forth above.
Megamobile, Inc. collects your information when you register with us, and may automatically receive and record information on our server logs from your browser, including your IP address, cookies and the pages you request.
While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information with due regard for your privacy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
You however also acknowledge, consent and agree that Megamobile, Inc. may access, preserve, and disclose your Account information and Material if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any Material violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Megamobile, Inc., its registered users and the public.
14. GENERAL TERMS
If any provision of this T&C or any part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.
No waiver of any provision of these T&C shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Service.
You agree that this T&C and other notices posted on this website have been and will be drawn up in English.
These T&C shall be governed by and construed in accordance with the laws of Philippines, without regard to conflict of laws provisions thereto. The parties consent to the non-exclusive jurisdiction of the courts of, and venue and situs in Philippines.
15. CORPORATE USERS
THIS T&C DOES NOT APPLY TO CORPORATE USERS OR USERS WHO ARE REPRESENTATIVES OR AGENTS OF ANY CORPORATE BODIES, ASSOCIATIONS, INSTITUTIONS, ORGANISATIONS OR GROUPS. IF YOU ARE A REPRESENTATIVE OR AGENT OF ANY BODY OR GROUP, PLEASE CONTACT US TO SET UP YOUR ACCOUNT.
16. CHANGE TO BLOGGER STATUS
If you wish to become a Blogger and to create, maintain and update a Blog within fingerapps.com, you may, at any time, complete the Blogger registration process. Please note that because of the increased and more extensive usage of the Service by Bloggers, in addition to the T&C, there are additional terms and conditions which are applicable to Bloggers. There are also certain requirements which you must meet in order to qualify to be a Blogger. We reserve the right to reject any Blogger registration application without the need to furnish reasons.
Contact
If you have any questions or concerns about fingerapps.com or these T&C, please feel free to contact us at: administrator@fingerapps.com
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For Bloggers
Before you register with Megamobile, Inc. as a Blogger, you MUST read and accept the Terms & Conditions of Service ("T&C") and the Supplemental T&C as set out below.
This Supplemental T&C may change from time to time. Your use of this website constitutes acceptance of this Supplemental T&C, and creates a binding legal agreement between you and Megamobile, Inc. THEREFORE, IF YOU DO NOT AGREE TO THIS SUPPLEMENTAL T&C, DO NOT ACCESS, VIEW OR OTHERWISE USE THIS WEBSITE.
Supplemental Terms & Conditions of Service ("Supplemental T&C")
You agree to be bound by the terms of the Terms & Conditions of Service ("T&C") and this Supplemental T&C. Your duties, liabilities and responsibilities as a Blogger include all the provisions of the T&C as well as these Supplemental T&C. We may, at our discretion, amend and modify and alter the T&C and/or the Supplemental T&C at any time.
All terms and references used in this Supplemental T&C, unless the subject or context is otherwise defined or construed herein, shall have the same meanings and construction as respectively ascribed in the T&C.
REGISTRATION AS BLOGGER
Upon completion of the Blogger registration process and our acceptance of your Blogger registration application, you will be designated as a Blogger and thus be entitled to create, and maintain a Blog on fingerapps.com. Please note that each Blogger is limited to one Blog and one Account. You may not attempt to create multiple Accounts and multiple Blogs.
STORAGE LIMIT
Megamobile, Inc. has set a limit of 20MB for free hosting of your Blog. We may, at our discretion, establish and/or modify limits of free storage at any time
Please note that in the event your Blog exceeds the storage limit provided, no further Material may be posted or uploaded to your Blog by you or any other registered user. You are encouraged to regularly "spring-clean" your Blog to delete outdated, unwanted or obsolete Material.
BLOGGER CONDUCT AND SAFETY PRECAUTIONS
You understand that you must not cover any banner advertising that appears at the top of your Blog or anywhere else on fingerapps.com. We ask that you keep the banners on your Blog visible. This helps keep our service affordable. Covering up the banners may, in some cases result in your Blog and/or your Account being disabled.
We strive to preserve and maintain a safe environment for all Bloggers and other registered users. Therefore, if you are under 18 years of age, you must seek parental permission in order to use fingerapps.com for any purpose.
Please be reminded that when you post an image, video or a message, your user alias or nickname that you are posting under is visible to others and this may include certain personally identifiable information about yourself. If you post personal or identifying information online that is accessible to the public, you may receive unsolicited messages from others.
In preparing your Blog and using the Service, you should always exercise caution when giving out any personally identifiable information about yourself or your family. You are highly advised to keep your communication with other registered users within the domain of fingerapps.com. You are highly advised against meeting up with any other registered users, whether alone or accompanied. Should you choose to disclose personal and private contact information about yourself or meet in person with other registered users, you understand that you run the risk of being defamed, abused, harassed, stalked or threatened.
RESPECT FOR INTELLECTUAL PROPERTY
You agree to comply with all intellectual property laws of Philippines and to act expeditiously upon receiving any notice of a claimed infringement.
In particular, you should be aware that you must not reproduce, copy, upload, post, transmit or distribute Material which you have not created yourself or for which you have not obtained permission from the creator/copyright owner. Please also note that trademarks, trade names, patents and registered designs are subject to ownership rights and it is illegal to use such material without the proper permissions from their owners. Unauthorised use or reproduction of intellectual property may subject the offender to civil liability and criminal prosecution under Philippines laws and/or the laws of other jurisdictions.
TERMINATION AND FORFEITURE OF BLOGGER STATUS
Fingerapps.com.ph does not encourage "squatting". As such, a lack of use or inactivity on your Blog for more than 3 months may result in the deletion and removal of your Blog and all Materials therein, and forfeiture of your Blogger status, with or without notice to you.
If your mobile telephone subscription is terminated for any reason, your Blogger status will be automatically forfeited.
Megamobile, Inc. also has the right to forfeit your Blogger status if any personal information provided by you (including, without limitation, information relating to your age) is found to be false or inaccurate.
You agree that Megamobile, Inc. may, in its sole discretion and without prior notice, terminate your access to the Service and delete or deactivate your password, Blog, or Account, and remove and discard your Materials and information and files relating to your Materials within the Service and fingerapps.com, for any reason, or if Megamobile, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the T&C and/or this Supplemental T&C.
Contact
If you have any questions or concerns about our website or these T&C, please feel free to contact us at: administrator@fingerapps.com
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For Fingerapps Videos
Before you use the videos feature of fingerapps.com it is important that you read and accept these Terms & conditions for Fingerapps Videos. These Terms & Conditions of Service may change from time to time. Your use of Fingerapps Videos constitutes acceptance of these Terms & Conditions of Service and creates a binding legal agreement between you and Megamobile, Inc.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OF USE FOR GLOO VIDEOS DO NOT ACCESS, VIEW OR OTHERWISE USE THE VIDEOS FEATURE OF GLOO.COM.PH.
Video Submissions
1. The Fingerapps Website permits the submission of videos by you and other users ("User Video Submissions"), and the hosting, sharing and/or publishing of such videos. You understand that whether or not such User Video Submissions are published, Megamobile, Inc. does not guarantee any confidentiality with respect to any submissions.
2. Megamobile, Inc. has set a limit of 20MB for free hosting of Videos in your Blog. We may, at our discretion, establish and/or modify limits of free storage at any time. Please note that in the event your videos exceed the storage limit provided, no further video Material may be posted or uploaded to your Blog page by you or any other registered user. You are encouraged to regularly "spring-clean" your Blog to delete outdated, unwanted or obsolete Material.
3. You shall be solely responsible for your own User Video Submissions and the consequences of posting or publishing them. In connection with User Video Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Megamobile, Inc. to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Video Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Fingerapps Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Video Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Video Submissions in the manner contemplated by the Fingerapps Website and these Terms of Service.
4. For clarity, you shall retain all of your ownership rights in your User Video Submissions. However, by submitting the User Video Submissions to the Fingerapps website, you hereby grant Megamobile, Inc. a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Video Submissions in connection with the Fingerapps Website and Megamobile, Inc.'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Fingerapps Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Fingerapps Website a non-exclusive license to access your User Video Submissions through the Fingerapps Website.
5. In connection with User Video Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Megamobile, Inc. all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Megamobile, Inc., its partners or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
6. Megamobile, Inc. does not endorse any User Video Submission or any opinion, recommendation or advice expressed therein, and Megamobile, Inc. expressly disclaims any and all liability in connection with User Video Submissions. If notified by a user or a content owner of a User Video Submission that allegedly does not conform to this Agreement, Megamobile, Inc. may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Video Submission, which it reserves the right to do at any time. For clarity, Megamobile, Inc. does not permit copyright infringing activities on the Fingerapps Website, and reserves the right to terminate access to the Fingerapps Website, and remove all Content submitted, by any persons who are found to be repeat infringers. Further to this, Megamobile, Inc. reserves the right to decide appropriate content at its own discretion and may delete video submissions uploaded by users at anytime.
7. In particular, if you are a copyright owner or an agent thereof, and believe that any User Video Submission infringes upon your copyrights, you may submit a notification with the following information furnished to administrator@fingerapps.com:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit Megamobile, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
8. You understand that when using the Fingerapps website you will be exposed to User Video Submissions from a variety of sources, and that Megamobile, Inc. and its partners are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Video Submissions. You further understand and acknowledge that you may be exposed to User Video Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Megamobile, Inc. and its partners with respect thereto, and agree to indemnify and hold Megamobile, Inc., its partners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
9. You agree to defend, indemnify and hold harmless Megamobile, Inc., its partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Fingerapps Website; (ii) your violation of any term of these Terms of Use and Terms of Use of Fingerapps; (iii) your violation of an
y third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Video Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Fingerapps Website.