GuardMyPhone - Registration

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Terms and Conditions LEGAL CONTRACT You must be old enough to enter into a binding legal obligation. These Terms and Conditions are a binding Agreement between you and GuardMyPhone. By using our service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. TERMS AND CONDITIONS FOR USAGE OF THE GUARDMYPHONE SERVICE AND WEBSITE DESCRIPTION OF SERVICE GuardMyPhone offers the ability to remotely delete the content of your mobile phones with a central server operated by GuardMyPhone. The remote delete feature enables (a) delete all selected content on a mobile device from GuardMyPhone.com or GuardMyPhone call center, (b) disable the selected device from unauthorized access. GuardMyPhone can change which services with a 30 days notice announced in a clearly visible place at GuardMyPhone.com. COPYRIGHT AND TRADEMARKS GuardMyPhone respects the intellectual property of others, and we ask our users to do the same. GuardMyPhone may, in appropriate circumstances and in its sole judgment, terminate the accounts of users who violate the intellectual property rights of others. All the texts, designs and web pages etc. (collectively "Content") contained in the GuardMyPhone service is copyrighted as a collective work under the laws in force in Canada, and GuardMyPhone owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The GuardMyPhone service, name and logo are trademarks of GuardMyPhone. All other trademarks that appear within the GuardMyPhone service are trademarks of their respective owners. Partners of GuardMyPhone may also have supplementary proprietary rights in the content that they offer through the service. You may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part. Service made available by GuardMyPhone, including any files, images incorporated in or generated by the service, and data accompanying the service (collectively, the "Service") are licensed to you by GuardMyPhone pursuant to a license agreement governing the Service. GuardMyPhone does not transfer title to the Service to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or in any other way reduce the Service to a human-readable form. THIRD PARTY INFORMATION The GuardMyPhone service may provide content from GuardMyPhone partners, search results or links to other World Wide Web sites or resources. Because GuardMyPhone has no control over such sites and resources, you acknowledge and agree that GuardMyPhone is not responsible for the availability of such external sites or resources, and does not support and is not responsible or legally responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GuardMyPhone shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource. ADVERTISERS The GuardMyPhone service and web site may contain advertisements. By agreeing to these Terms and Conditions you agree to see these advertisements. Members that chose to contact these advertisers do so at their own risk. All such contacts takes place beyond the control of GuardMyPhone and GuardMyPhone cannot be held responsible under any circumstances for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers. PRIVACY Your privacy is important to us! GuardMyPhone is committed to respecting your privacy through the protection of your Personal Information. As the collection of information is facilitated through technological advances such as the Internet and the mobile network, we have established our commitment to protecting your Personal Information. The following outlines our pledge to you: (a) Purpose and Consent: Before collecting your Personal Information, or at the time of collection, we will explain to you the purpose of collecting it and obtain your consent. (b) Limiting Collection: Our collection of Personal Information is limited to what is reasonable under the circumstances and your information will be used only for the purpose for which it is collected. (c) Security: Your Personal Information is kept confidential and secure and is not disclosed to anyone outside GuardMyPhone and our strategic partners without your consent, unless required by law. (d) Access: You have the right to access your own Personal Information, and to correct any inaccuracies. INTEGRITY You are responsible for your account and your password. You should therefore NEVER give your password to anyone else. If you have given out your password and account name to someone else we strongly recommend you to change your account password. Do not give your account name and password to any GuardMyPhone staff members. You may 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; or (c) use a User Name that GuardMyPhone in its sole discretion, deems inappropriate or offensive. CLOSURE OF SERVICE GuardMyPhone may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 2 months, if (c) you do not follow the terms stated in this agreement, (d) the use of your account contravenes the law or the conditions in this agreement. GuardMyPhone also retains the right to close the GuardMyPhone service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events. DISCLAIMER The GuardMyPhone service is owned and produced by GuardMyPhone and its subsidiary and affiliate corporations, successors, and assigns. The GuardMyPhone service is made available 'as is' and you agree to use it at your individual risk. GuardMyPhone explicitly disclaims all warranties of any kind, whether stated or implied. Without limitation, you are not offered any warranty that the GuardMyPhone service will meet your requirements, that it will be continuously available, timely, free of errors, that the results achieved from the use of the GuardMyPhone service will be correct or reliable, or that the quality of any products, services, information, or other material achieved during the use of the GuardMyPhone service will meet your expectations. Any material downloaded or otherwise obtained through the use of the GuardMyPhone service is done at your individual risk, and you will be individually responsible for any damage to your computer system or loss of data resulting from the use of the service. GuardMyPhone gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the GuardMyPhone service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the GuardMyPhone service may give access to unintended and offensive content. Please note that no advice or information obtained by you from the GuardMyPhone service personnel or through the service of the GuardMyPhone service shall generate any kind of warranty, unless it is explicitly provided in these Terms and Conditions. In no event shall GuardMyPhone's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products. LEGAL RESPONSIBILITY You specifically understand and agree that GuardMyPhone shall not be legally responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, goodwill, use, data or other intangible losses (even if GuardMyPhone has been advised of the possibility of such damages), resulting from: (a) the use or the incapability to use the GuardMyPhone service; (b) 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 GuardMyPhone service; (c) unauthorized access to or modification of your transmissions or data; (d) statements or behavior of any third party on the GuardMyPhone service or within its service; or (e) any other matter relating to the GuardMyPhone service. In no occasion shall GuardMyPhone's total legal responsibility to you for all damages, losses, and causes of action go beyond the amount paid - if any - accessing the service of the GuardMyPhone service. If, at any time you upload or post data, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to GuardMyPhone you automatically grant GuardMyPhone a universal, non-exclusive, royalty-free, perpetual license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce the data including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the data in advertising, promotion and publicity for the Site, GuardMyPhone and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and policies and that you waive any so-called "moral rights" in and to the data. INDEMNIFICATION You agree to indemnify, defend and hold harmless GuardMyPhone, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not restricted to, attorneys fees) arising from your use of our services, your violation of the Terms and Conditions or your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. You agree to instantly inform GuardMyPhone of any unlawful use of your account or any other breach of security of your knowledge. TERMINATION AND MODIFICATION You agree that GuardMyPhone, in its sole judgment, may end your account (or any part thereof) or use of the GuardMyPhone service, and eliminate and discard any Content within the GuardMyPhone service or on GuardMyPhone servers, for any reason, including, without limitation, for lack of use or if GuardMyPhone believes that you have violated or not acted in conformity with the Terms and Conditions. Further, you agree that GuardMyPhone shall not be legally responsible to you or any third-party for any termination of your access to the GuardMyPhone service. GuardMyPhone reserves the right to revise, change, add or remove portions of these regulations at any time and without prior notice. For that reason, we advise you to periodically visit this page to be acquainted with the Terms and Conditions regarding The GuardMyPhone service, which you are obliged to follow. Your continued use of the GuardMyPhone service following the posting of changes to these terms will imply that you accept those changes. GOVERNING LAW All legal matters arising from or related to the use of the GuardMyPhone service shall be interpreted in accordance with (and all questions with respect to that shall be determined by) the laws in force in Canada applicable to contracts entered into and wholly to be performed within Canada, unless it has been explicitly declared to the contrary somewhere else. UPDATING THESE TERMS AND CONDITIONS If we decide to update these Terms and Conditions, or to modify it in order to cover new services or situations, we will immediately publish those changes on this page. It is your responsibility to check this document for further changes. Copyright 2008 GuardMyPhone
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