User Agreement
MOBILEINNOVATION.ORG
TERMS-OF-USE AGREEMENT
GSMC LIMITED, A WHOLLY OWNED SUBSIDIARY OF THE GSM ASSOCIATION ("GSMA") WELCOMES YOU TO MOBILEINNOVATION.ORG ("WEBSITE"). GSMC LIMITED AND ITS AFFILIATES ("GSMC") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS ("TERMS").
THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSMC AND YOU, AND YOU ACCEPT THEM BY: (a) SUBMITTING AN AWARD ENTRY; (b) APPLYING FOR MEMBERSHIP IN THE MOBILE INNOVATION MARKET; (c) REGISTERING FOR AN EVENT THROUGH THIS WEBSITE; (d) USING THE WEBSITE IN ANY OTHER MANNER
Description of Services
The Website provides information pertaining to Mobile Innovation Market membership, registration for events, networking opportunities and other services related to showcasing and promoting the best examples of mobile innovation("Services").
Eligibility
By using this Website, You hereby warrant that You are of legal age and of sound mind. If You are using the Website on behalf of your employer or other third party, You represent and warrant that You are authorized to accept these Terms on your employer's or third party's behalf, and that your employer or third party agrees to indemnify You and GSMC for violations of these Terms.
Ownership
Use of this Website does not grant You any rights to use the name of the GSMC, GSMA or any of their logos or trademarks. The Services and associated material provided on the Website, including all images, designs, photographs, writings, graphs, data, or otherwise are the property of GSMC and are protected by international copyright, trademark, trade secret, or other proprietary rights.
Hyperlink Disclaimers
As a convenience to You, we may provide on this Website links to websites operated by other entities (collectively the "Linked Sites"). If You use any Linked Sites, You will leave this Website. If You decide to visit any Linked Site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by GSMC. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by GSMC. Neither the GSMC nor its affiliates operate or control in any respect any information, products or services on these third-party sites.
Advertisements and Promotions
GSMC runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GSMC found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. GSMC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GSMC advertisers on the Website.
Privacy Policy
In order to provide You with the Services, it is necessary to collect and use certain personal information. Details of said collection; use and your associated rights thereto are found in the GSMC's Privacy Policy. The terms of the Privacy Policy are incorporated herein and You acknowledge that You have read, understand and agree to the Privacy Policy. If You have any question with respect to the Privacy Policy or collection or use of your personal information in general, please contact us at database@gsm.org.
Cookies
When You visit the Site we may store some information (commonly known as a "cookie") on your computer. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about You. In this regard, please review our Cookie Policy which sets out the purposes for which we use cookies and how they can be disabled.
No Warranty
GSMC GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GSMC EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSMC'S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES' OR ITS SUB-CONTRACTORS' NEGLIGENCE; (II) ANY FRAUDULENT MISREPRESENTATION ON THE PART OF GSMC; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
Limitation of Liability
THIS WEB SITE AND LINKED SITES ARE PROVIDED "AS-IS." YOU BEAR THE RISK OF USING THEM. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER GSMC, ITS PARENT, ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR THE LIKE, WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO ITS ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENCY OF THE MATERIALS CONTAINED THEREIN.
Notwithstanding the above, if GSMC, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like are liable to You for any reason, liability will be limited to the amount paid by You for the Services in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation. Any cause of action which You may have with respect to your use of this Website You agree must be commenced within one (1) year after the claim or cause of action arises.
Indemnification
You agree to indemnify, defend, and hold harmless GSMC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
Entire Terms
These Terms constitute the entire agreement between GSMC and You with respect to your use of this Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to the Terms
The Terms are subject to change without notice. All amended terms shall automatically be effective 30 days after they are initially posted on the Website. It is your responsibility to return to the Terms from time to time to review the most current terms and conditions. GSMC does not and will not assume any obligation to notify You of changes to the Terms. The Terms may not be otherwise amended except in a writing signed by You and us. The following Sections survive any termination of the Terms: Ownership, No Warranty, Limitation of Liability, and Indemnification.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website, including but not limited to any consent You give to receive communications from GSMC solely through electronic transmission. You agree that when in the future You click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
General
We reserve the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services to which You have registered for. If we exercise our right to withdraw, we may at our option offer You broadly equivalent replacement Services or refund your payment which shall constitute a final settlement discharging any and all liability to You.
Notices to You may be made via either e-mail or regular mail. Information sent to you pertaining to the Services may also provide notices of changes to the Terms or other matters, by displaying such notices or by providing links to such notice.
Governing Law
The construction, validity and performance of the Terms are exclusively governed by the laws of the State of Georgia, USA, without giving effect to any principles or conflicts of law and the parties submit to the exclusive jurisdiction of the United States District Court located in Atlanta, Georgia. If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and the Terms shall be construed as if the invalidated or unenforceable provision had not been contained.
