Mobitoss.com reserves the right to change or modify any of the Terms and Conditions at any time, in its sole discretion, by posting changes on mobitoss.com’s web site. Your continued use of the Services following the posting of such changes or modifications will constitute Your acceptance of such changes or modifications. If You do not agree to these Terms and Conditions or any changes or updates Your only remedy is not to use mobitoss.com’s Services and to cancel any Service you have signed up for. mobitoss.com reserves the right to discontinue the Services or change the content of the Services with or without prior notice for any reason. You agree that mobitoss.com will not be liable for any discontinuation of or changes to the Services, and You understand that You shall not be entitled to any refund of fees for discontinuation of or changes to the Services.

You understand and agree that Mobitoss.com may collect personally identifiable information in connection with the Services. Please review mobitoss.com’s Privacy Policy to learn how mobitoss.com collects and uses personal information. You agree that we may communicate with You regarding the Services, Mobitoss.com, and its partners by SMS, text message or other electronic means to Your mobile device or Your personal computer. If You do not agree to each and every part of Mobitoss.com’s Privacy Policy, then You should not use the Services or submit any personally identifiable information through the Services.

All right, title and interest in and to the Services and all content and other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain solely with Mobitoss.com or its licensors. Mobitoss.com, the Mobitoss.com logos, and all game names are trademarks of Mobitoss.com and may not be used without express written permission of Mobitoss.com. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any Virtual Goods. You agree not to copy, redistribute, publish or otherwise exploit material from the Services, except as expressly permitted herein. All comments, feedback, suggestions, ideas, and other submissions (”Ideas”) disclosed, submitted, or offered to Mobitoss.com in connection with the use of the Services shall be the exclusive property of Mobitoss.com. Mobitoss.com may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.

You are granted a nonexclusive, revocable, limited, non-transferable and non-sublicensable license to use the Services for personal, non-commercial use. Such license does not include: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services, (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Services or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Services (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Services other than for its intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission of Mobitoss.com, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property or other proprietary rights, whether by estoppel, implication or otherwise. Your use of and access to the Services is subject to all applicable local, state, national and international laws and regulations, and You agree not to violate such laws and regulations in Your use of and access to the Services. In addition, You agree that: (a) You will not interfere with another user’s use and enjoyment of the Services; (b) You will not interfere with or disrupt Mobitoss.coms’ security measures; (c) You will not interfere with or disrupt networks connected to Mobitoss.com and will comply with all regulations, policies and procedures of such networks;

The Services may include features or functionality that may be used to communicate with other users of the Service or to otherwise post or transmit information or content (the “User Content”). For example, the Service may allow You to send email messages or other communications to other users, or to post information to the sites of the Services. You agree to use the Services in accordance with the following conduct requirements: You may not transmit or post User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or racially or ethnically or otherwise objectionable. You may not transmit or post User Content that would constitute, encourage or provide instructions for a criminal offense, violate any party’s rights, or that would otherwise create liability or violate any law or regulation in any jurisdiction worldwide. You may not transmit or post User Content that may breach any contractual or fiduciary relationship or that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party. You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity. You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside. You may not forge message headers or otherwise disguise, or attempt to disguise, the existence, source or destination of any User Content that you transmit or post. You may not engage in unsolicited promotions, political campaigning, advertising or solicitations. You may not transmit or post private information of any third party, including, without limitation, addresses, telephone numbers, credit card numbers, email addresses and any unique identifier such as a Social Security number. You may not transmit or post any viruses, corrupted data or other files. You may not transmit or post any User Content that, in the sole judgment of Mobitoss.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or any related features or services. You may not transmit, post or otherwise cause, instigate or assist in the distribution of spam. Mobitoss.com takes no responsibility and assumes no liability for any User Content transmitted or posted by You or any third party, or for any loss thereof or damage thereto. Mobitoss.com is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Your use of the Services and the web sites and any related features or services is at Your own risk. As a provider of interactive services, Mobitoss.com is not liable for any statements, representations, information or content provided by its users in any public forum, personal home page or other location. Although Mobitoss.com has no obligation to screen, edit or monitor any information or content transmitted or posted by Service or web site users, Mobitoss.com reserves the right, and has absolute discretion, to remove, screen or edit any information or content transmitted or posted on or through the Service and its web sites and any related features or services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any information or content that You post or store on or through the Service or any related features or services at Your sole cost and expense. You represent and warrant that (a) you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that You transmit or post on or through the Service, the web sites and any related features or services; (b) such information and content is accurate and not misleading; and (c) use and posting of the information and content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. If You have a dispute with other users, you release Mobitoss.com and hereby agree to indemnify Mobitoss.com from any and all claims, demands, and damages including direct, consequential and indirect of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Mobitoss.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES OR THE USE THEREOF BY YOU TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES PROVIDED BY Mobitoss.com ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FURTHER, Mobitoss.com DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR NOT INTERFERE WITH OTHER FUNCTIONS, FEATURES OR SERVICES ON YOUR PERSONAL COMPUTER. YOU ACKNOWLEDGES AND AGREES THAT ADVERTISEMENTS MAY INCLUDE LINKS TO OTHER WEBSITES OR RESOURCES AND THAT Mobitoss.com HAS NO CONTROL OVER (AND IS MERELY A PASSIVE CONDUIT WITH RESPECT TO) ANY ADVERTISEMENT OR SUCH LINKS TO WEBSITES OR OTHER RESOURCES THAT MAY BE SUBMITTED OR submitted BY ANY ADVERTISER OR OTHER THIRD PARTY. Mobitoss.com IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH THIRD PARTY WEBSITES 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 THIRD PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Mobitoss.com SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITE OR RESOURCE. ALL CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH ANY ADVERTISEMENT, 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. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW Mobitoss.com IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE Mobitoss.com SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Mobitoss.com IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO EVENT SHALL Mobitoss.com, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE TOTAL LIABILITY OF Mobitoss.com OR ANY OF THE ABOVE-REFERENCED PERSONS OR ENTITIES, UNDER ANY THEORY, ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE COMPENSATION YOU HAVE PAID TO Mobitoss.com DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Mobitoss.com SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Mobitoss.com reserves the right to not sell its products and services to potential customers, if deemed harmful to our business activities.