Mobile Power Station || Terms of Use

Mobile Power Station Pty.Ltd.

Please read these Terms of Use carefully before using this web site. By accessing Mobile Power Station World Wide Web pages you agree to the following terms. If you do not agree to these Terms, then please do not use this site.

Mobile Power Station Pty Ltd (MPS) provides this web site to you, subject to these Terms of Use. The Terms of Use may be updated by MPS from time to time without notice to you. This web site ("the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of MPS's customers, employees and members of the general public who are over the age of 13. The Site is controlled and operated in whole or in part by MPS from its offices within Australia. MPS makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that MPS reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation Australian export and re-export control laws and regulations regarding the transmission of technical data exported from Australia or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.

1. © Copyright 2007 Mobile Power Station Pty. Ltd. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by MPS that the Content is protected in Australia and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to MPS's Rights in individual elements of the Content, MPS own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering services from the Site. This permission terminates automatically if you breach any of the web site Terms of Use. If pursuant to an authorization from MPS, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by MPS. Neither title nor intellectual property rights are transferred to you, but remain with Motorola, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. MPS does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without MPS's prior express written consent.

2. There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, MPS is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of MPS's or any third party's intellectual property rights.

MPS Trademarks and all other product or service names are the property of their respective owners. © Copyright 2007 Mobile Power Station Pty. Ltd. All Rights Reserved. Marks owned by third parties include but not limited to the following: Mobile Power Station, MPS, MPS2G, MPS3G, MPS4G, Micro-active, Powering Mobility, Sony, PSP, Nintendo, Gameboy Advance SP, Gameboy DS, Gameboy Lite, Apple, iPod, Nokia, Motorola, Blackberry, iMate, Sony Ericsson, LG, Samsung, Siemens, Kyocera, NEC, Panasonic, Phillips, Sagem, Fujitsu, HP, Palm, Compaq, Audiovox, O2, Mitac, HTC, T-Mobile, Qtek, Dopod, Viewsonic, Samsung, JVC, Olympus, Nikon, Canon, Casio, Kodak, Minolta, Pentax,
No MPS trademark or service mark may be used as a hyperlink without MPS's prior written permission.

3. By submitting material to any of our servers, for example, by e-mail or via the MPS World Wide Web pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) you own the material or have the unlimited right to provide it to us and MPS may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law MPS does not and cannot review the content posted by users on its site and is not responsible for such content. MPS may at any time at its discretion remove any content posted by users.

4. This Site may provide links to other third-party World Wide web sites or resources. MPS makes no representations whatsoever about any other web site which you may access through this Site. Because MPS has no control over such sites and resources, you acknowledge and agree that MPS is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. MPS makes no representation or warranty as to any third party Content, products or services, and you agree that MPS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

Notices to you may be made via either email or regular mail. MPS may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

5. MPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MPS SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

6. MPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF MPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MPS'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

7. MPS may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that MPS shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. MPS may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

8. You agree that MPS, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that MPS believes you have violated or acted inconsistently with the letter or spirit of these terms and/or conditions contained within the Site.

9. The Terms of Use constitute the entire agreement between you and MPS and govern your use of the Site, superseding any prior agreements between you and MPS relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use the services, or use or download software. If any provision of these web site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of MPS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of Australia and the state of Victoria. Australia without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Victoria Australia. 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 the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please report any violations of these Terms of Use to MPS at terms@mobilepowerstation.com