TERMS AND CONDITIONS OF USE

ACCEPTANCE: By using this service, you accept all terms and conditions from this application and your wireless service provider including proper usage of messaging services via this application and your wireless service provider. If you do not agree to these Terms of Use please do not use this service. elMobile may change these terms and conditions with or without notice. Please review this link regularly to see any changes. This application and services are available only within the United States of America

RESTRICTIONS: You will be fully responsible for the content (including but not limited to messages, photos, profiles, files, designs)("Content") you posted or cause to be posted. By using this application and service, you agree that:

• You won't use the application and service for commercial solicitations or advertising communications.
• You won't use the application and service for chain letters, spam, solicitations or bulk communications.
• You won't send or post any Content that is unlawful, harassing, defamatory, abusive or threatening.
• You won't impersonate, victimizes, or intimidate any other person or entity or use an inappropriate name.
• You won't infringe on any patent, trademark, copyright, or other proprietary right of any party.
• You won't reproduce, modify, create derivative work, publish, license or sell any Content posted with or obtained from this service (not including your own messages) without authorization from elMobile and the original party posting the Content.
• You won't distribute any application or software that was designed or intended to disrupt, damage or limit functioning of any software or hardware or to damage or obtain unauthorized access to any data or information of third party.
• You won't harvest or collect information about other users or members under 13 years old without prior verifiable parental consent.
• You have the right to distribute the content and that it is not pornography.
• elMobile may delete or edit any posted Content which it decides violates its guidelines or is otherwise inappropriate.
• If elMobile determines that you're violating its Content posting guidelines, elMobile may end your registration and your right to use the service.

RESPOSIBILITIES: You agree to provide complete, true and accurate information upon registration to this service. You are responsible of updating, maintaining the confidentiality of your registration information and prompt notification to elMobile of any unauthorized use of your personal information. elMobile is not liable for any damage from your failure to fulfill user’s obligation.

DISCLAIMER: elMobile has no editorial control over opinions, advice or statements expressed by other parties. elMobile doesn't endorse and isn't responsible for the accuracy or reliability of any opinion, advice or statement made by anyone other than those made by authorized elMobile employees while acting in their official capacities. All materials, information, software and products from this service are provided “as is” and “as available” for your personal use. elMobile does not warrant that the accuracy or reliability of the Contents from this service; that this service will be available at any particular time or location; that all service defects or errors will be corrected; that all Contents are free of harmful components.

PRIVACY POLICY: elMobile uses the information we collect about you to personalize your experience at our service. elMobile will not share customer lists nor any user content with third party without your consent. If legally required, or to comply with legal process served on elMobile, or to protect elMobile's rights or property, or to take emergency action to protect user, other users, or the public safety, elMobile may disclose personal information to authorized agency.

LIMITED LIABILITY: Under no circumstances shall elMobile be liable for any damages that result from the use of, or inability to use this service. elMobile will not be liable to you for any damages beyond the amount of money that you have actually paid to elMobile. In no event shall elMobile be liable for any damages of any kind arising from or related to any Content posted on this Bulletin Board, including any direct or indirect, incidental, special, consequential or other damages of any kind, whether based on breach of contract or warranty, tort (including without limitation negligence, infringement, defamation, and invasion of privacy) or other legal theory.

INDEMNIFICATION: You agree to indemnify and hold elMobile, its partners, advertisers, and third party content providers harmless from against and with respect to any and all claims, damages, liabilities, costs and expenses (including reasonable attorney fees) arising from your use or misuse of this application and services , including without limitation: (i) liability arising from the violation or infringement of copyrights or other proprietary rights in connection with any Content or information you provide or post, (ii) any libelous or unlawful material contained in any Content or information you post, and (iii) any other liability arising from or caused by any Content or information that you provide or post.

JURISDICTION: These terms and conditions will be governed by and constructed and enforced in accordance with the laws of the State of California without reference to or application of rules or principles of conflicts of law . You hereby irrevocably agree that any action, suit or proceedings against you or elMobile by either of the other aforementioned parties with respect to the use of this application and services shall be brought before the exclusive jurisdiction of the federal or state courts located in the County of Santa Clara in the State of California. You and elMobile hereby submit to such exclusive jurisdiction.