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Vaayoo Mobilet Terms of Service

Welcome to Vaayoo. Your use of Vaayoo Mobilets (defined below) is governed by the following Vaayoo Mobilets Terms of Service (“MTOS”), which may be changed by Vaayoo from time to time without notice to you (now onwards referred as, the "Terms of Service"). If you choose to use Vaayoo Mobilets after any change to the Terms of Service, it means you agree to such change. At any time you can review the most current version of the TOS at: http://www.vaayoo.com/beta/tos.aspx.

1. DESCRIPTION OF MOBILETS. Mobilets are small software modules operating within Vaayoo’s Mobilet environment and appearing on your mobile device that provide you with access to a variety of content and services. Some Mobilets, including the content and services provided therein, are made available for your use by Vaayoo (each a “Vaayoo Mobilet”) subject to This Terms of Service. You will be able to recognize Vaayoo Mobilets by their distinctive Vaayoo branding. Other Mobilets, including the content and services provided therein, may be made available for your use by third parties (each a “Third Party Widget”). Your use of Third Party Widgets and Vaayoo’s disclaimer of responsibility for such widgets are discussed in Section 7 below.
2. VAAYOO MOBILETS LICENSE GRANT. Subject to the terms and conditions of This Terms of Service and except as otherwise expressly set forth herein, Vaayoo grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the Vaayoo Mobilets solely for your personal use.  
3. VAAYOO MOBILETS RESTRICTIONS. You may not do any of the following with any Vaayoo Mobilets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Vaayoo Mobilets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Vaayoo Mobilets; (b) obtain or attempt to obtain unauthorized access to the Vaayoo network; (c) incorporate Vaayoo Mobilets into any hardware or software device that is not your personal mobile device; (d) use, export, or re-export Vaayoo Mobilets in violation of applicable U.S. laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense Vaayoo Mobilets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Vaayoo's prior, express, written permission; (f) use Vaayoo Mobilets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with This Terms of Service; and (g) use Vaayoo Mobilets for any enterprise, commercial, or human safety purposes as the Vaayoo Mobilets were not designed for such purposes. Any Vaayoo Mobilet’s failure in such cases could lead to injury or damage for which you agree that Vaayoo is not responsible.
4. OWNERSHIP AND RESERVATION OF RIGHTS. Vaayoo Mobilets, including any content or services provided therein, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in This Terms of Service. This Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by Vaayoo, including, without limitation, the Vaayoo Mobilets and Vaayoo trademarks, and creates no direct relationship between your and Vaayoo’s licensors, or between you and Vaayoo other than that of licensor to licensee under This Terms of Service. All rights in the Vaayoo Mobilets, including any content or services provided therein, not expressly granted to you are reserved by Vaayoo, its licensors, or their respective owners.
5. SUPPORT AND UPDATES. Vaayoo may not offer any technical or maintenance support for the Vaayoo Mobilets. Vaayoo may offer upgrades or updates to the Vaayoo Mobilets in its sole discretion. Vaayoo may change, suspend, or discontinue any aspect of the Vaayoo Mobilets at any time without notice to you. Vaayoo may also impose limits on certain features and services or restrict your access to parts or all of the Vaayoo Mobilets without notice or liability.
6. FEES AND PAYMENTS. Vaayoo reserves the right to charge fees for future use of or access to the Vaayoo Mobilets or the Vaayoo content and services relating thereto in Vaayoo's sole discretion.
7. THIRD PARTY WIDGETS. When you download, access, and/or use Third Party Widgets, you understand that such Third Party Widgets have not been approved or endorsed in any manner by Vaayoo and that Vaayoo is not responsible for your use of or inability to use any such Third Party Widgets including, without limitation, the content, services, accuracy, or reliability of such Third Party Widgets and the privacy practices or other policies of the third party. YOUR DOWNLOAD, ACCESS, AND/OR USE OF ANY THIRD PARTY WIDGETS IS AT YOUR OWN RISK. Third parties may require you to agree to their own terms of service, privacy policies, and/or other policies as a condition of using their widgets. Those terms and/or policies may give third parties rights beyond those provided by This Terms of Service. PLEASE REVIEW SUCH THIRD PARTYS’ APPLICABLE TERMS AND/OR POLICIES CAREFULLY.
8. THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services used in connection with the Vaayoo Mobilets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Vaayoo Mobilets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
 9. DISCLAIMER OF WARRANTIES. USE OF VAAYOO MOBILETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THROUGH VAAYOO MOBILETS (SUCH AS PHOTOS, VIDEOS, NEWS, OR OTHER INFORMATION OR SERVICES) IS AT YOUR SOLE RISK AND SUCH OFFERINGS ARE PROVIDED "AS IS." ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VAAYOO MOBILETS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE. THE VAAYOO ENTITIES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO VAAYOO MOBILETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF VAAYOO MOBILETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF VAAYOO MOBILETS OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE VAAYOO ENTITIES OR THE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE VAAYOO ENTITIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
10. INDEMNIFICATION. You agree to indemnify and hold the Vaayoo Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of Vaayoo Mobilets, including any content or services provided therein, your violation of any term or condition of This Terms of Service, your violation of applicable laws or any rights of another person or entity.
11. LIMITATION OF LIABILITY. THE VAAYOO ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO VAAYOO MOBILETS, ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, YOUR USE OR INABILITY TO USE OR ACCESS VAAYOO MOBILETS, OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
12. TERMINATION. This Terms of Service continue until terminated by either party. You may terminate This Terms of Service by discontinuing use of all Vaayoo Mobilets and by destroying all your copies thereof. This Terms of Service terminate automatically if you violate any term hereof, Vaayoo publicly posts a written notice of termination on Vaayoo's web site, or Vaayoo sends a written (including email or text message) notice of termination to you directly. Your obligations in This Terms of Service survive any termination of This Terms of Service.
13.GENERAL TERMS
        1. Entire Agreement. This Terms of Service and the Vaayoo Privacy Policy constitute the entire agreement between you and Vaayoo and governs your use of Vaayoo Mobilets, superseding any prior agreements between you and Vaayoo with respect to Vaayoo Mobilets.
         2. Government End Users. If Vaayoo Mobilets are supplied to or purchased by or on behalf of the United States Government, then the Vaayoo Mobilets are deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of This Terms of Service apply.
        3. Choice of Law and Forum. This Terms of Service and the relationship between you and Vaayoo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Vaayoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to the Vaayoo Mobilets.
        4. Waiver and Severability of Terms. The failure of Vaayoo to exercise or enforce any right or provision of This Terms of Service shall not constitute a waiver of such right or provision. If any provision of This Terms of Service 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 This Terms of Service remain in full force and effect.
        5. 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 Vaayoo Mobilets or This Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in This Terms of Service are for convenience only and have no legal or contractual effect.