Herein state the “Terms and Conditions” under which You may use MOBOOGIE.NET(the “Web Site”). The terms “You” used herein refer to all individuals and/or entities accessing this Web Site for any reason.  You may receive an electronic copy of this agreement at any time by emailing termsofuse@moboogie.net.  Please read this page carefully as it sets forth legally binding  terms for your use of the Web Site and all of the services that it offers.  If you do not accept the Terms and Conditions stated herein, do not use this Web Site and service as you are not authorized to do so. By using this Web Site, whether You have signed up for an account on the Web Site (a “User”), or by simply browsing the Web Site (a “Visitor”), You are indicating your acceptance to be bound by the terms of these Terms and Conditions. If You are a User, you may be notified of additional terms and/or agreements that you must agree to in order to remain a User.  Such additional terms are hereby incorporated into these Terms and Conditions unless such terms explicitly state otherwise.  MOBOOGIE, LLC (the “Company”) may revise these Terms and Conditions at any time by updating this posting, and such revisions will be effective immediately upon posting.  You should visit this page periodically to review the Terms and Conditions, because they are binding upon You.  A violation of these Terms and Conditions may result in the immediate termination of a User’s account without notice to such User.  The Company reserves the right to commence legal action against any User that violates these Terms and Conditions.

I. Web Site Use.

The contents of this Web Site, and of all other web sites under the Company's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Web Site Content (collectively, “Web Site Content”), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by United States and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Web Site Content on any copy You make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The unauthorized use of the Web Site Content on any other web site or in a networked computer environment for any unauthorized purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content without express written authorization from the Company. It is also protected by the Company's copyright.   

Thorough registration and use of the Web Site, you hereby represent and warrant the following:  you are 18 years of age or older; you will abide by the Terms and Conditions of the Web Site; and you will not use the Web Site in violation of any applicable laws or regulations.  These Terms and Conditions shall remain in full force and effect as long as you continue to use or browse the Web Site.  You may terminate the use of the Web Site at any time and for any reason and the Company may also terminate your use of the Website at any time and for any reason.

II. Acceptable Site Use.

The purpose of  MOBOOGIE.NET is INSERT PURPOSE.  Users may not use MOBOOGIE.NET in order to transmit, distribute, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

The use of the Web Site is for personal, non commercial use only.  Users may not engage in any commercial endeavors without the express written consent of the Company.  Users may not post commercial advertisement, affiliate links, referral links, and all other forms of solicitation on the Web Site.  The Company reserves the right to remove any postings on the Web Site in its sole discretion. 

III. MOBOOGIE.NET Site Security Rules.

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

IV. Specific Prohibited Uses.

The Web Site may be used only for lawful purposes by Users.  Users must not, and by using the Web Site, Users agree not to do the following things:  post nudity or obscene language; use the Web Site for harassment; post libel; post derogatory remarks directed towards other persons; post racist remarks;  post material that is copyrighted, unless the User is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless the User owns them or has the permission of the owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, unlawful, defamatory, threatening, harassing, abusive, hateful, or to another User or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; post sexually suggestive language, pictures or links; use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this Web Site; use the Web Site for the transmission of “junk mail”, “spamming” or other like uses; take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;  use of the Web Site for criminal activity; advertising of products through the Web Site; utilizing any type of coding to obstruct the images, advertising and other content of the Web Site; Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site; frame of or link to any of the Web Site Content or information available from any other web site without express written consent from the Company; use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from the Company on such Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); broadcast, duplicate, transmit, sell, or otherwise use User Materials of other Users and any other Web Site Content that they did not submit; or any other objectionable uses (“Prohibited Uses”). 

V. User Submissions.

All Users are responsible for their own communications on the Web Site and are solely responsible for the consequences of their postings. The Company does not claim ownership in any text, pictures, sound files, video files are any other material uploaded by Users (the “User Materials”).  The Company makes no warranties or representations regarding the authenticity and reliability of any User Materials.  By submitting User Materials to the Web Site, User grants the Company and its affiliates the royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as the User Materials remain on the Web Site (the “License”). User also warrants that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to User the right to grant the license stated above. User also permits any User to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.  The License does not grant the Company the right to sell the User Materials or use the User Materials outside the Web Site unless such use is for the promotion of the Web Site. 

User is hereby requested by Company not to post any personal information on their Web Site, including home addresses or phone numbers. User shall hold harmless the Company from any intentional or negligent actions of any third parties, should User choose to post personal information on their Personal Pages.

The Company shall not be liable for any third-party copyright, trademark, trade secret, or other intellectual property infringement of any content that is posted on the Web Site. ALL USERS expressly acknowledge this PARAGRAPH, and should ANY USER discover that any materials have been posted to the Web Site that violate or infringe the copyright, trademark, trade secret, or other intellectual property rights of others, THE USER(S) hereby expressly agree to resolve the dispute directly with the USER (OR THEIR AGENCY), and hold harmless the Company.

The Company does not independently verify the information provided by Users (or their representative) or the identity of Users. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by Users will be at Your own risk.

The Company acts as a passive conduit for the online distribution and publication of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User that content allegedly does not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. The Company reserves the right to expel Users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Any hyperlinks, “hidden” keywords or any keywords that are irrelevant to the User’s Web Site, or are otherwise misleading, are prohibited.

We appreciate hearing from our customers and welcome your comments regarding our services and the Web Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

VI. Identification of Agent to Receive Notification and
Elements of Notification of Claimed Copyright Infringement.

If You believe that Your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent listed below with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if You have one, your e-mail address;
5. A statement by You that You have a good faith belief that use on the Web Site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated H. Andrew Ryan as our agent to receive notices of claims of copyright infringement on our web site. You can contact her as follows:

VII. Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others.

MOBOOGIE, LLC, MOBOOGIE.NET, and all of our affiliated companies respect the intellectual property of others, and we ask our Users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of this Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to Web Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

VIII. The Company's Liability

This Web Site acts as a venue for ____________. The Company is not involved in the actual __________. As a result, the Company has limited control over the quality, the truth or accuracy of statements on the Website.

Because User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We are under no legal obligation to, and generally do not, control the information provided by Users which is made available through the Web Site. By its very nature, information posted may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled.

We expect that You will use caution and common sense when using this Web Site.

The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Web Site Content. The use of this Web Site and the Web Site Content is at your own risk. Changes are periodically made to this Web Site and Web Site and may be made at any time.

The Company reserves the right to post “editorial material” on any page, and shall be held harmless for such content.

THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEB SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IX. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

X. Links to Other Sites.

The Web Site contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third party web sites, You do so at your own risk.

XI. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this Web Site.

XII. Limitation of Liability

THE MAXIMUM LIABILITY TO MOBOOGIE, LLC ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

XIII. Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of postings from this Web Site and immediate termination of registration with or ability to access this Web Site and/or any other service provided to Users or Visitors by the Company, upon any breach of these Terms and Conditions.

XIV. Indemnity.

You as a User or Visitor agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) any material provided by Users to this Web Site, (b) any Web Site Content that You use (c) Your breach of the terms of these Terms and Conditions or (d) any other claim, action, liability, expense incurred by the Company resulting from Your use of the Web Site. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding.

XV. General.

The Company makes no claims that the Web Site Content may be lawfully viewed or accessed outside of the United States. Access to the Web Site Content may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Colorado. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of this Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Certain trade marks may be mentioned within the Web Site, including but not limited to: Netscape Communications Corporation, JavaScript, Netscape, Navigator, World Wide Web Consortium, HTML, XHTML, CSS2, Ecma International, EcmaScript, Mozilla, Mozilla Organization, Opera Software ASA, Opera, Apple Computer, Inc., Macintosh, Safari, Mac OS X, KDE e.V, Konqueror, Microsoft Corporation, Jscript, and Internet Explorer. MOBOOGIE, LLC retains no intellectual property rights in any of the above-mentioned marks; all intellectual property rights in such marks are retained by their respective owners and licensors. MOBOOGIE, LLC incorporates the above-mentioned terms as references only, for the convenience of Users.