MOBINOW TERMS OF SERVICE

Last Updated: June 7 2011

The FunSexyCool website and associated applications, instances and applications run and/or powered by FunSexyCool (the “Service”) are operated by MobiNow Corp, Inc.  (“MobiNow”). The Terms of Service set forth below are binding on all users of this Service. By directing your browser or mobile device to this Service or otherwise accessing the pages of this Service, you accept these Terms of Service. MobiNow may change the Terms of Service at any time at its sole discretion. MobiNow reserves the right, at its sole discretion, to deny further or continuing access to the Service to any visitor, including, without limitation, any user that MobiNow determines has violated any aspect of these Terms of Service. MobiNow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by MobiNow.   BY USING THE SERVICE OR COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREUNDER.

Adult users only

This Service is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Service and will not be afforded access to any features of this Service that allow for you to provide information to us or to share information with other users of this Service.

Content Guidelines

You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

You agree: (1) to comply with U.S. law regarding the transmission of data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a MobiNow official, moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise 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; (g) 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; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

You shall not interfere with another Member's use and enjoyment of the Service.  Images shall contain your actual, true person and shall not be hidden by masks, coverings or other means to otherwise obscure your face.   No lewd or profane images will be permitted, nor will any images containing drugs, drug paraphernalia, weapons, nudity or profane gestures.  

MobiNow may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to the terms and conditions of this agreement.

Personal safety

MOBINOW STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS SERVICE.

Your safety and security are very important to us. The nature of this Service promotes the sharing of personal information by users with other users. MobiNow cannot and does not assure that it is safe for you to have direct contact with other users of this Service. If you believe that any user of this Service is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via the contact link on the front page of www.funsexycool.com so that we may take appropriate action to block further use of the Service by any user who is using this Service and information obtained from it for improper purposes.

IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS SERVICE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.

By accessing this Service, you agree to use any personal information provided to you by other users of this Service in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Service for any reason without the express prior consent of the user that has provided such information to you.

Privacy

Each member acknowledges and understands that all information submitted on the Service might potentially be publicly accessible. Important and private information should be protected by you. MobiNow is not responsible for protecting, nor does MobiNow accept liability for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize.   For full statement of MobiNow’s privacy policy click here.

Security

MobiNow uses standard efforts to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; MobiNow cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances. Data from the Service will be transmitted internationally.

Access and proprietary rights

You warrant that should you access the Service via mobile devices, that you own such account(s) and are the party billed by the device's telecom carrier.   So long as you comply with these Terms of Service, you are authorized to access, use and make a limited number of copies of information and materials available on this Service only for purposes of your personal use in order to learn more about MobiNow or its products and services, or to otherwise communicate with MobiNow or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Service may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products.

In certain instances, MobiNow may agree to provide you with access to secure, password protected pages of the Service. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

Links & Advertisements

By accepting and use of the Service, you agree to opt in to electronic communications from MobiNow.  This Service may contain links or advertisements to other websites that are not operated or controlled by MobiNow. Use of these links to access other Internet sites is at your own risk. MobiNow is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. MobiNow establishes links to other websites for the convenience of its users; however, such links or advertisements are not intended to be an endorsement of the other website or other products or services.

Indemnification

You agree to indemnify and hold MobiNow and their, parents, subsidiaries, affiliates, commercial partners, officers, consultants and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service.

Notices and disclaimers

THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT MOBINOW’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE.

The products and services mentioned or promoted on the Service, including password protected information relating thereto may be changed by MobiNow at any time without notice. Information about products or services offered by third parties may be referenced on the Service for information purposes only. MobiNow’s provision of any such information is not intended to constitute an endorsement or recommendation, by MobiNow, of such products or services.

USE OF THIS SERVICE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES MOBINOW PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS SERVICE. MOBINOW EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS SERVICE AND ANY GOODS OR SERVICES PURCHASED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. IN NO EVENT SHALL MOBINOW BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SERVICE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. MOBINOW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SERVICE, THE USE OR INABILITY TO USE THIS SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE, EVEN IF MOBINOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT MOBINOW CORRECT THE MATTER OR, IF MOBINOW FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Laws and regulations

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of New York in the United States of America without regard to its conflict of law provisions. Your use of this Service may be subject to the laws of other countries if you are not located in the United States.

Unique profile & Voluntary Termination

You agree to create only one unique profile. To terminate your membership please login and access the 'deactivate account' option.

Commercial use prohibited

The Service is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Service, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.