Terms and Conditions
Mobojo is a community profile website accessible by mobojo members by using
the internet or uploading content from their mobile phone. Mobojo is owned by
Mobojo Ltd. Some features of Mobojo can be accessed free of charge. Others services
are paid for by Mobojo members, who pay for a premium pass annually.
We ask you to carefully read the terms of use below before participating with
Mobojo in order to assure the development of a responsible and high quality
site. In becoming a Member of Mobojo, you undertake to comply with these terms
of use. If you do not accept these terms of use, you should not register with
Mobojo. Registration with Mobojo, as well as use of this site, implies full
and complete acceptance of these terms of use by the Member. By checking the
box containing the words “I accept the Mobojo Site Rules and Terms Of
Service" located at the bottom of the page, in order to confirm registration,
the Member acknowledges that is bound by all clauses of these terms of use.
Article 1: definitions
The list of words below, which start with a capital letter, have been defined
for the purposes of these terms of use as follows:
Mobojo refers to the website owned and maintained by Mobojo Ltd. Certain
parts of the Mobojo service can be accessed free of charge and others are paid
for by the Members.
Premium Membership refers to a paid rate giving access to the Mobojo
website. This can either be Silver or gold membership, both of which offer different
types of services which can be viewed in detail on the premium services page.
Members refers to the one or all of users of Mobojo who have or have
not paid to use Mobojo.
Article 2: access and registration with Mobojo
The equipment (computer, software, telecommunications systems, etc.) used to
allow access to Services shall be the responsibility of the Member, as shall
the telecommunications costs incurred by its use.
To be a Mobojo Member you must be at least 16 years of age and fill in all
compulsory fields appearing on the registration forms.
The Member guarantees that all of the data supplied by him or her is accurate
and true. The Member undertakes to immediately inform Mobojo in the case of
a change in any of the information he or she has supplied when registering,
or, as appropriate, to update these changes himself or herself in his or her
private pages on the Mobojo Site.
When the conditions required for registration are met, each Member will have
one or more identifier(s) (login) and one or more password(s), according to
the different services with which the Member is registered (Internet, newsletters,
telephone). These identifier(s) and password(s) are strictly private and confidential
and must not be passed on or shared with any third parties. Mobojo shall in
no event be held liable for the loss of identifiers and/or passwords by the
Member
If a Member disseminates or uses these elements in a manner deemed contrary
to its original purpose, Mobojo reserves the right to terminate the Member's
Account without notice.
The Member shall be solely liable for the use of this identification information
by third parties or for the actions or statements made through Member account,
whether these be fraudulent or not. The Member holds Mobojo harmless against
all claims of this kind. In addition, as Mobojo does not have the means to check
the identity of persons registered with its services, Mobojo is not liable in
the event a Member's identity is used by someone else. If the Member has reason
to believe that a person is using his or her Member identification information
or account, he or she must inform Mobojo immediately
Mobojo reserves the right to deactivate the accounts of Members who do not
have premium accounts and have not used the service for a period of 6 months
or more. The date on which use of the service ends, to be used for calculating
the duration of the period referred to above, is the date of the last connection
to the Mobojo service.
Article 3: use of Mobojo
Upon registration, and after acquiring the necessary Premium Membership, the
Member can take advantage of access to services available on Mobojo. Prices
and terms of payment for different services are accessible, at the latest, from
the time of presentation or use of service(s) to which the Member wishes to
subscribe, as well as their respective charge(s).
Within the framework of use of services, the Member undertakes in particular
to comply with the following rules:
• To comply with the laws in force and to respect the rights of third
parties.
• Not to use Mobojo for professional or commercial purposes (canvassing,
soliciting or prostitution).
• Not to post, disseminate, or broadcast in any form whatsoever inaccurate
or false information or content.
• Not to make comments, propagate or disseminate in any form whatsoever
content that contravenes the rights of others or that is defamatory, injurious,
obscene, offensive, violent or inciting to violence, political, racist or xenophobic
and, in general, any content that is contrary to the purpose of Mobojo, current
rules and laws in force or acceptable norms and standards. In particular, photographs,
videos and any other information in terms of data or files supplied by a Member
of Mobojo must be decent and refer exclusively to the Member or to a third party
from whom the Member has expressly obtained consent and are the sole responsibility
of the Member concerned.
• Not to mention on the Mobojo web site any personal information provided
by a Mobojo Member (email address, postal address, telephone number, etc) enabling
a Member to contact another Member without using Mobojo.
• Neither to post, disseminate, or broadcast in any form whatsoever information
or content that has the effect of diminishing, disorganizing or preventing normal
usage of the Site, or of interrupting and/or slowing down normal circulation
of communications between Members through the Site, such information comprising,
for example, software, worms, viruses, software bombs, mass mailing, etc. Mobojo
reserves the right to delete messages sent in mass mailings by a Member in order
to maintain the quality of use of the services provided to its Members.
• Neither to post, disseminate, or broadcast in any form whatsoever information
or content that incorporates links to third-party websites that are illegal
in character, contrary to what is generally acceptable and/or not in accordance
with the principles of Mobojo.
In the case of violation of one or more of these rules by a Member, Mobojo reserves
the right to block the Account(s) of the Member concerned, to automatically
delete litigious messages or contents, to prevent publication of all or part
of the profile of a Member, and/or to block the Member's access to all or part
of his or her Services, either temporarily or permanently, without incurring
any cost or charges for reimbursement to the Member in any form whatsoever,
and without prejudicing the terms of the article “Termination”.
Mobojo cannot be held liable for false declarations made by a Member. Therefore,
it is imperative that Members take certain precautions when arranging to meet
up with another Member. Mobojo assumes no responsibility for meetings between
Members of Mobojo, on Mobojo or during meetings between Members and/or non-Members
as a consequence of the use of the Mobojo site and Services.
In this respect, Mobojo reminds its Members that they are prohibited from disclosing
information that allows them to be identified, such as last name, postal/e-mail
address, telephone number, to other Members of Mobojo through the Site. In addition,
if you choose to meet another member, please choose a public place, such as
café, restaurant, pub etc.
Article 4: prices and terms of payment
The use of the services assumes that the Member Premium Membership. The Members
can acquire Premium membership using the online account upgrade system, using
the allowed transactions listed on the payment page.
Mobojo offers different services dependant on whether the member has purchased
a Silver or Gold pass. The features that these passes allow are located on the
Premium membership page, the current price of the membership is also listed
on the same page.
The acquisition of Premium membership is by bank card on the Internet only.
The payment made is for a premium pass lasting 1 year from the date of payment.
Should the member decide to close the account, no amount will be refunded back
to the member. Nor should any amount be refunded should the members account
be closed due to the breaking of any site rules or breach of the terms and conditions.
The prices are indicated in British Pounds, including VAT (value added taxes).
Article 5: personal privacy and protection of Member data
Mobojo upholds the strictest of standards with respect to protection of privacy
and of personal information.
Some information, comments or content (photographs or video) that the Member
optionally provides may possibly, under the responsibility and on the initiative
of the Member concerned, reveal the ethnic origin of the Member, his or her
nationality, religion and/or sexual orientation. By providing such information,
all optional, the Member concerned expressly consents to, and takes sole responsibility
for, the processing of this said “sensitive” data by Mobojo, and
freely takes the exclusive responsibility.
Each Member can, at the time of registration or at any time thereafter, request
to receive and, subsequently, request without charge via Mobojo to cease to
receive, the Mobojo newsletter and/or promotional offers sent to her or him
by e-mail or to mobile phone from Mobojo and/or its partners.
5.1. When and why do we gather information about you?
The Member is asked to supply information about himself or herself when he
or she registers with the Service, participates in a contest, responds to a
survey, participates in a chat or acquires premium membership. Certain items
of information are mandatory in order to gain access to Services.
5.2. What sort of information do we gather?
Personal information gathered by Mobojo can include your name, postal and/or
email address, information about your physical appearance, photographs, voice
recording, video, personal values, religion, interests and your use of the Service.
Furthermore, certain non-personal information is also gathered, such as the
version of the Member's and any other visitor's web browser (Netscape, Internet
Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP
address of the computer from which they are visiting.
Finally, Mobojo is likely to use cookies, designed to store information used
to identify the Member while they are browsing on Mobojo, in order to allow
the Member to continue browsing without having to re-enter this information
for each new page. The Member always has the option of preventing the use of
cookies by modifying the options of his or her web browser.
5.3. Who has access to your information?
1. The information gathered about you when you register with Mobojo and subscribe
to our Services is used to offer you our different services. All precautions
have been taken on our databases to archive your information in a secure environment.
Only a small number of our employees have access to your information, which
is only accessible in case of necessity. The personal information you provide
at the time of registration which does not comprise your personal ad and your
profile will not be accessible by third parties, nor passed on, sold or exchanged.,
except in the cases named below and subject to your prior information and agreement,
or in assumption of your non opposition hereto.
2. We may send you promotional offers from some of our partners, subject to
your explicit and informed consent given during registration, unless you oppose
it during your registration or at any moment thereafter. If you prefer not to
receive the offers that we select for you, or that our partners wish to send
you, you can indicate such opposition during registration or at any other subsequent
time through your Account.
3. The information contained in your Blog, Photo album and your profile can
be accessed on Mobojo on the Web. In addition, this information may be broadcast
directly by Mobojo or via our partners to persons interested in Mobojo, through
newsletters or third-party websites, or by all other electronic (e-mail, SMS,
etc.) or audiovisual (radio, television, etc.) communication tools, or by written
press (newspapers, magazines, etc.), in order to increase your chances of meeting
someone by promoting your person ads, search criteria and profile
Consequently, the Member explicitly authorizes Mobojo to reproduce and broadcast
the information contained in his or her Blog, photo album or profile (personal
information, description, images, videos, etc.) on all or part of the Mobojo
Services and/or in a general manner, on all distribution media, in particular
audiovisual communication (press, radio, analogue television, digital television,
cable or satellite) or electronic communication (email, Internet), throughout
the entire world and for the length of time established in these General Terms
of Use between the Member and Mobojo. Furthermore, the Member explicitly authorizes
Mobojo to transfer the benefits of the above mentioned rights to its partners
and eventual successors of Mobojo and Mobojo Limited
If you no longer wish for Mobojo or its partners to reproduce or broadcast
the information comprised in your blog, photo album, or your profile, you can
terminate your Mobojo account following the conditions foreseen in article 7
“Termination”. Since this information is comprised of your blog,
photo album and your profile, the termination will only take effect upon the
next update or version of these communications (printed, press, audiovisual,
or digital) containing any of your information.
Article 6: intellectual property
6.1. Content broadcast by Mobojo
The brands, logos, graphics, photographs, animations, videos and texts put online
on the site by Mobojo are the property of Mobojo Ltd and may not be reproduced,
used or represented, under threat of prosecution and without the express permission
of Mobojo Ltd.
The rights of use accorded by Mobojo to the Member are strictly limited to
accessing, downloading, printing and reproduction on all media (hard disk, floppy
disk, CD-ROM, etc.) and to use of these documents for private and personal purposes
in the scope of and for the duration for of the Member's membership with Mobojo.
Any other use by the Member is prohibited without the authorisation of Mobojo.
In particular, the Member is prohibited from modifying, copying, reproducing,
disseminating, transmitting, exploiting for commercial gain and/or distributing
in any form whatsoever the services, the Mobojo site pages or software codes
for elements comprising the Mobojo Services and site.
6.2. Content provided by Members
Mobojo holds a licence to use the intellectual property rights attached to
the content provided by the Member for the purpose of broadcasting on the Mobojo
Site.
This licence in particular incorporates the right for Mobojo to reproduce,
represent, adapt, translate, scan, use for publicity purposes, commercial or
non-commercial, sub-licence or cede the content concerning the Member (information,
images, videos, descriptions, search criteria, etc.) on all or part of the Mobojo
Services and/or in mailings sent by Mobojo and, in a general manner, on all
distribution media, in particular digital (e-mail, SMS, Internet, CD-Rom or
DVD-Rom), or through audiovisual communications media (press, radio, analogue
television, digital television, cable or satellite).
The Member expressly authorises Mobojo to modify this content in order to conform
to the look and feel of the Mobojo site and/or other communications media above,
and/or to make this content compatible with its technical processes or appropriate
media formats. These rights are awarded on a global basis for the legal duration
of the rights awarded, under French and foreign law, as well as current and
future international conventions including any extensions that might eventually
be agreed to this duration. The Member is prohibited from copying, reproducing
or otherwise using for any purpose the content relating to other Members, except
for the explicit requirements for usage of the Services for the Member's own
strictly personal and private purpose.
Article 7: termination
Each member may terminate his or her registration with Mobojo at any time without
any reason by using the section of the Mobojo Site designed for this purpose.
The Member’s Premium membership, should they have it, at the time of termination
of Mobojo membership shall not be refunded to the Member.
In case of breach of these present terms of use by the Member, Mobojo reserves
the right to suspend or terminate the Member's Account without notice or reimbursement
and/or to pursue prosecution of the Member and without prejudice to the other
terms of this agreement.
This termination shall be made in full right and without prejudice of any damages
or interests that may be claimed by Mobojo from the Member and his or her heirs
or representatives, as compensation for the damage suffered by cause of such
a breach.
The Member shall be informed of the termination or of the confirmation of termination
of his or her account by e-mail. Data concerning the Member shall be deleted
either by request of the Member or following the legal period immediately following
termination of the Member's Account.
Article 8: liaibilities and warranties
8.1. Information and content supplied by the Members
1. The information supplied by a Member of Mobojo must be accurate and conform
to reality. The consequences of disclosing this information to the life of the
Member or of other Members are the sole responsibility of the Member concerned.
The Member renounces all recourse against Mobojo, notably on the basis of any
possible damage to the Member's right to his or her image, the Member's honour
and reputation, or the Member's privacy, resulting from the dissemination or
revelation of information concerning the Member under the conditions foreseen
by this present agreement, in particular article 5 “Personal privacy and
protection of member data”.
2. Mobojo cannot be held liable for (and the consequences of) the accuracy
or inaccuracy of the information and content provided by other Members, site
visitors and/or the Member himself or herself. Correspondingly, Mobojo cannot
be held responsible for content distributed by a Member that might contravene
the rights of one or more other Members or third parties.
3. In the case where the responsibility of Mobojo is pursued due to a breach
by the Member of his or her obligations as defined in the scope of the law or
by this present terms of use, the Member undertakes to protect Mobojo against
all claims or damages against Mobojo. This guarantee covers both fines and indemnities
that might be paid and the costs incurred in lawyers' fees and court costs that
might be charged to Mobojo.
8.2. Functioning of the Mobojo site and services
The Member must have the necessary hardware equipment and software and the
necessary parameters required to properly use Mobojo: Navigator Internet Explorer
6 or equivalent , Javascript functions enabled, cookies enabled, and pop-ups
enabled
Mobojo does not guarantee that the services will function if the member activates
a popup killer tool. In this case, the function should be deactivated before
using the Mobojo services.
In addition, the Member must have sufficient the knowledge, hardware and software
required for the use of the Internet and must acknowledge that the characteristics
and constraints of the Internet do not guarantee the security, availability
and integrity of the transmission of data over the Internet.
Under these conditions, Mobojo does not guarantee that the Services shall function
without interruption or error. In particular, the use of this Site may be interrupted
at any time for the purposes of maintenance, updates or technical improvements,
or to develop its content and/or presentation. Whenever possible, Mobojo shall
inform its Members prior to maintenance work or updates. The Member waives the
right to seek Mobojo's liability in respect of the functioning and operation
of its Services.
Due to the specifics, amongst others, of their Internet browser AOL users may
encounter problems making Mobojo function properly. Mobojo can not be held responsible
for any reason for the incidents pertaining to the connection via this Internet
Service Provider.
Similarly, Mobojo cannot be held responsible for the non-functioning, non-availability
or adverse conditions of usage of the Mobojo site that is due to incorrect hardware,
problems experienced by the Member's ISP (Internet Service Provider) or blockages
on the Internet networks or for all other reasons outside the sphere of influence
of Mobojo.
8.3. Links
The Site can supply or third parties may include hypertext links to other websites
other than the Mobojo site and to Internet sources. As Mobojo is unable to supervise
these external sites and sources, it cannot be held responsible for the availability
of these external sites and sources, and cannot be responsible for their content,
advertising, products, services or any other element made available on or from
any of these external sites or sources. Any difficulty relating to a hypertext
link must be submitted to the administrator or webmaster of the site to which
it pertains. It should, furthermore, be noted that the consultation and/or utilisation
of these external sites and sources are governed by their own terms of use.
Links are not allowed on members profiles, as we cannot be held responsible
for the content provided on these links, any members found to have links on
their profiles may suffer a temporary suspension or even termination of their
Mobojo account.
Finally, if during the scope of a search performed on the Mobojo site where
the result of this search would point the Member to access sites, pages or forums
of which the content and/or purpose constitutes a violation of the law, the
Member is required to cease consultation of the site concerned in order to avoid
being held responsible for such violation.
8.4. Limitation of responsibility
Whatever the circumstances, Mobojo's overall liability shall be limited to
the sum actually paid by the Member for the service involving a breach.
In no case shall Mobojo be liable for indirect damage suffered by the Member,
and notably for loss of data, prejudice to image, reputation, etc. (including
copies) or recordings made by the Member. It is up to each Member to keep his
or her own back-up copies.
Article 9: agreement between the Member and Mobojo
These terms of use, and the pages on the Mobojo site to which these terms refer,
constitute a contract that governs the relationship between the Member and Mobojo.
They cancel and replace any conditions that may have been agreed to in the past,
even if not directly withdrawn or amended, and constitute the entirety of the
rights and obligations of Mobojo and of the Member.
Article 10: amendments by Mobojo to the Terms of Use
Mobojo reserves the right at any time to modify or develop the pages of the
Mobojo site, the Services, their prices or the terms of use to which they apply.
These modifications shall become valid as soon as they are placed online, without
affecting the Member's option to terminate his or her membership with Mobojo.
If the Member does not terminate his or her membership, he or she is deemed
to have accepted these modifications by continuing to use the Mobojo site and
Services.
Members are therefore invited to read the most recent version online on the
site. The presence of the Member on the site implies the Member's full acceptance
of any revision or modification.
Article 11: jurisdiction and applicable law
These terms of use shall be governed, construed and applied in accordance with
the law. Only the courts shall be considered competent for all litigation relating
to these present terms of use, inclusive, without this list being limiting,
and to their validity, their interpretation, their execution and/or their termination
and the consequences thereof.
Article 12: about us
Mobojo is owned by Mobojo Limited, (registered company number 5327945) and
is registered as a Private Limited company in England and Wales.
Mobojo can be contacted by e-mail. Any questions you may wish to ask, contact
Mobojo by completing the contact form. For questions relating to rights of access
and correction and more generally to personal privacy, please write to
webmaster@mobojo.co.uk
