mConnected - Terms of Service 1. ACCEPTANCE OF TERMS Welcome to mConnected’s forum hosting service which, among other things, allow website and app publishers to create and manage forums and empower their users to post topics and messages and participate in real-time conversations (the "Service"). The Service is subject to the following Terms of Service, which may be changed, modified, or otherwise altered by mConnected from time to time in its sole discretion without any notice to you (the "TOS"), and our privacy policy. Furthermore, you shall also be subject to any other posted guidelines or rules applicable to your use of any website and app which relies on the Service and all such guidelines or rules are hereby incorporated by reference into the TOS. 2. REGISTRATION In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States of America, the United Kingdom, and any other applicable jurisdiction. You further represent and agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or mConnected has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, mConnected has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use a user name that mConnected, in its sole discretion, deems inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this TOS regarding your Registration Data. You are responsible for maintaining the confidentiality of your sign-in details and are fully responsible for all activities that occur under your account. mConnected shall not be liable for any loss or damage arising from your failure to comply with this Section 2. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any person using the Services under your user name and password. 3. ELIGIBILITY Use of and membership in the Service is void where prohibited. By using the Service, you represent and warrant that: (a) you are 13 years of age or older; (b) you are not a convicted sex offender; and (c) your use of the Service does not violate any applicable law or regulation. mConnected does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No one under age 13 may provide any personal information via the Service. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information and restrict access by such person to the Service. 4. PERSONAL USE ONLY The Service is made available for your personal, non-commercial use only. Unless otherwise agreed with mConnected in writing, you may not use the Service to sell a product or service, or to increase traffic to your website, app, or any other digital or physical property for commercial reasons, such as advertising sales. If you want to make commercial use of the Service, you must enter into an agreement with mConnected to do so in advance. Please contact us for more information at info[at]mconnected[dot]com. 5. MEMBER CONDUCT You understand and acknowledge that all text, images, and other audiovisual information, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not mConnected, are entirely responsible for all Content that you upload, post, mail, transmit, or otherwise make available ("Transmit") via the Service. mConnected does not control or review the Content Transmitted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will mConnected be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content Transmitted via the Service. You agree to not use the Service to: Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way, or that infringes on someone else’s rights; Transmit any Content that is pornographic or that contains nudity or graphic or gratuitous violence; impersonate any person or entity, including, but not limited to, a mConnected employee, forum moderator, or forum owner or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements); Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or property rights ("Rights") of any party; Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classifieds) that may be designated for such purpose; Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 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; intentionally or unintentionally violate any applicable local, state, provincial, national, or international law and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by any government as a foreign terrorist organization; "stalk" or otherwise harass, bully, or intimidate another person; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that mConnected may or may not pre-screen or review Content, but that mConnected and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, mConnected and its designees shall have the right to remove any Content that violates the TOS or, in mConnected’s sole determination, is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by mConnected or submitted to mConnected, including without limitation information in mConnected forums and classified listings and in all other parts of the Service. You acknowledge, consent, and agree that mConnected may access, preserve, and disclose your Content 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 TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of mConnected, its users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by mConnected and/or content providers who provide content to or share Content with the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of telecommunications and the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws, regulations, and rules regarding the transmission and privacy of data. 7. DESCRIPTION OF SERVICE mConnected’s forum hosting service which, among other things, allow website and app publishers to create and manage forums and empower their users to post topics and messages and participate in real-time conversations. The Service may also include advertisements, paid postings, and certain communications from mConnected such as service announcements, administrative messages, and newsletters, and such advertisements, postings, and communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that mConnected assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, content, information, or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as charges from Internet service providers or mobile network operators) for which you are solely responsible, including, for the avoidance of doubt, those fees associated with the display and/or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. By using the Service, you also accept that we may copy, transmit, and distribute your Content to various partners. We are not responsible for any connection or access to the Service by you, or the quality of the transmission of any information that you submit via the Service. We do not guarantee that the Service will be error free or free from interruption or other failures or that the Service will satisfy your specific requirements. The Service may be unavailable because of maintenance, upgrades, repairs, failure of telecommunications links or equipment, or other causes that may or may not be within our control. We will take reasonable steps to minimize disruption to the Service where it is wholly within our control. We may modify or temporarily or permanently discontinue providing the Service or any of its features with or without notice. We have no obligation to provide maintenance services or technical support for the Service. 8. ACCESS TO THE SERVICE You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by mConnected in writing, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. mConnected grants you a limited, revocable, non-transferable, and non-exclusive license to access the Service for your own personal use provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by mConnected for use in accessing the Service. 9. CONTENT TRANSMITTED VIA THE SERVICE mConnected does not claim ownership of Content you Transmit via the Service. However, with respect to Content you Transmit via the Service, you grant mConnected a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. 10. INDEMNITY You agree to indemnify and hold mConnected and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, damage, loss, demand, and expense, including reasonable attorneys' fees, made by any third party due to or arising out of Content you Transmit through the Service, your use of the Service, your connection to the Service, or your violation of the TOS. 11. NO RESALE OF SERVICE Unless otherwise agreed in writing with mConnected, you agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 12. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that mConnected may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on mConnected's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that mConnected has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to or by the Service. You acknowledge that mConnected reserves the right to log off accounts that are inactive for an extended period of time. 13. MODIFICATIONS TO SERVICE mConnected reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that mConnected shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 14. TERMINATION You agree that mConnected may, without prior notice, immediately terminate your mConnected account, any associated ID’s, and access to the Service. The reason for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your mConnected account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. All terminations shall be made in mConnected's sole discretion and mConnected shall not be liable to you or any third party for any termination of your account or access to the Service. 15. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that mConnected shall not be 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 advertisers on the Service. 16. LINKS The Service may provide, or third parties may provide, links to other Internet sites or resources. mConnected has no control over such sites and resources and you acknowledge and agree that mConnected is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that mConnected shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE HANDSET OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCONNECTED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. 19. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. 20. INTELLECTUAL PROPERTY You will not use our copyrights or trademarks without our written permission. 21. OTHER Entire Agreement. The TOS constitutes the entire agreement between you and mConnected and governs your use of the Service, superseding any prior agreements (if any) between you and mConnected with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other mConnected services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and mConnected shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and mConnected agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New York. Waiver and Severability of Terms. The failure of mConnected to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your mConnected account is non-transferable and any rights to your mConnected user ID and Content terminate upon your death. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 22. VIOLATIONS Please report any violations of the TOS to us by sending an email to: support[at]mconnected[dot]com.

Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to mConnected’s forum hosting service which, among other things, allow website and app publishers to create and manage forums and empower their users to post topics and messages and participate in real-time conversations (the "Service"). The Service is subject to the following Terms of Service, which may be changed, modified, or otherwise altered by mConnected from time to time in its sole discretion without any notice to you (the "TOS"), and our privacy policy. Furthermore, you shall also be subject to any other posted guidelines or rules applicable to your use of any website and app which relies on the Service and all such guidelines or rules are hereby incorporated by reference into the TOS.

2. REGISTRATION

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States of America, the United Kingdom, and any other applicable jurisdiction. You further represent and agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or mConnected has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, mConnected has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use a user name that mConnected, in its sole discretion, deems inappropriate or offensive; or (d) breach any representation, warranty or promise made by you in this TOS regarding your Registration Data.

You are responsible for maintaining the confidentiality of your sign-in details and are fully responsible for all activities that occur under your account. mConnected shall not be liable for any loss or damage arising from your failure to comply with this Section 2. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any person using the Services under your user name and password.

3. ELIGIBILITY

Use of and membership in the Service is void where prohibited. By using the Service, you represent and warrant that: (a) you are 13 years of age or older; (b) you are not a convicted sex offender; and (c) your use of the Service does not violate any applicable law or regulation. mConnected does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No one under age 13 may provide any personal information via the Service. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information and restrict access by such person to the Service.

4. PERSONAL USE ONLY

The Service is made available for your personal, non-commercial use only. Unless otherwise agreed with mConnected in writing, you may not use the Service to sell a product or service, or to increase traffic to your website, app, or any other digital or physical property for commercial reasons, such as advertising sales. If you want to make commercial use of the Service, you must enter into an agreement with mConnected to do so in advance. Please contact us for more information at info[at]mconnected[dot]com.

5. MEMBER CONDUCT

You understand and acknowledge that all text, images, and other audiovisual information, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not mConnected, are entirely responsible for all Content that you upload, post, mail, transmit, or otherwise make available ("Transmit") via the Service. mConnected does not control or review the Content Transmitted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will mConnected be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content Transmitted via the Service.

You agree to not use the Service to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way, or that infringes on someone else’s rights;
Transmit any Content that is pornographic or that contains nudity or graphic or gratuitous violence;
impersonate any person or entity, including, but not limited to, a mConnected employee, forum moderator, or forum owner or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or property rights ("Rights") of any party;
Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classifieds) that may be designated for such purpose;
Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
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;
intentionally or unintentionally violate any applicable local, state, provincial, national, or international law and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by any government as a foreign terrorist organization;
"stalk" or otherwise harass, bully, or intimidate another person; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that mConnected may or may not pre-screen or review Content, but that mConnected and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, mConnected and its designees shall have the right to remove any Content that violates the TOS or, in mConnected’s sole determination, is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by mConnected or submitted to mConnected, including without limitation information in mConnected forums and classified listings and in all other parts of the Service.

You acknowledge, consent, and agree that mConnected may access, preserve, and disclose your Content 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 TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of mConnected, its users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by mConnected and/or content providers who provide content to or share Content with the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of telecommunications and the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws, regulations, and rules regarding the transmission and privacy of data.

7. DESCRIPTION OF SERVICE

mConnected’s forum hosting service which, among other things, allow website and app publishers to create and manage forums and empower their users to post topics and messages and participate in real-time conversations. The Service may also include advertisements, paid postings, and certain communications from mConnected such as service announcements, administrative messages, and newsletters, and such advertisements, postings, and communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that mConnected assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, content, information, or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as charges from Internet service providers or mobile network operators) for which you are solely responsible, including, for the avoidance of doubt, those fees associated with the display and/or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. By using the Service, you also accept that we may copy, transmit, and distribute your Content to various partners. We are not responsible for any connection or access to the Service by you, or the quality of the transmission of any information that you submit via the Service. We do not guarantee that the Service will be error free or free from interruption or other failures or that the Service will satisfy your specific requirements. The Service may be unavailable because of maintenance, upgrades, repairs, failure of telecommunications links or equipment, or other causes that may or may not be within our control. We will take reasonable steps to minimize disruption to the Service where it is wholly within our control. We may modify or temporarily or permanently discontinue providing the Service or any of its features with or without notice. We have no obligation to provide maintenance services or technical support for the Service.

8. ACCESS TO THE SERVICE

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by mConnected in writing, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

mConnected grants you a limited, revocable, non-transferable, and non-exclusive license to access the Service for your own personal use provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by mConnected for use in accessing the Service.

9. CONTENT TRANSMITTED VIA THE SERVICE

mConnected does not claim ownership of Content you Transmit via the Service. However, with respect to Content you Transmit via the Service, you grant mConnected a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service.

10. INDEMNITY

You agree to indemnify and hold mConnected and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, damage, loss, demand, and expense, including reasonable attorneys' fees, made by any third party due to or arising out of Content you Transmit through the Service, your use of the Service, your connection to the Service, or your violation of the TOS.

11. NO RESALE OF SERVICE

Unless otherwise agreed in writing with mConnected, you agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that mConnected may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on mConnected's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that mConnected has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to or by the Service. You acknowledge that mConnected reserves the right to log off accounts that are inactive for an extended period of time.

13. MODIFICATIONS TO SERVICE

mConnected reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that mConnected shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION

You agree that mConnected may, without prior notice, immediately terminate your mConnected account, any associated ID’s, and access to the Service. The reason for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your mConnected account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. All terminations shall be made in mConnected's sole discretion and mConnected shall not be liable to you or any third party for any termination of your account or access to the Service.

15. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that mConnected shall not be 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 advertisers on the Service.

16. LINKS

The Service may provide, or third parties may provide, links to other Internet sites or resources. mConnected has no control over such sites and resources and you acknowledge and agree that mConnected is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that mConnected shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE HANDSET OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCONNECTED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

19. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

20. INTELLECTUAL PROPERTY

You will not use our copyrights or trademarks without our written permission.

21. OTHER

Entire Agreement. The TOS constitutes the entire agreement between you and mConnected and governs your use of the Service, superseding any prior agreements (if any) between you and mConnected with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other mConnected services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and mConnected shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and mConnected agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New York.

Waiver and Severability of Terms. The failure of mConnected to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your mConnected account is non-transferable and any rights to your mConnected user ID and Content terminate upon your death.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATIONS

Please report any violations of the TOS to us by sending an email to: support[at]mconnected[dot]com.