Service agreement for OSMOBI Free

OSMOBI is a product of Siruna nv. This document was last updated on 8/10/2009.

When you use the OSMOBI free mobile web service ("Service"), you are bound by this Agreement between you and us (SIRUNA NV, hereafter called "Siruna"). To protect your own interests, please read these terms and conditions carefully. If you do not agree to the terms and conditions then you cannot proceed to use the website and the Service we provide through it.
Before publishing your site or blog with the OSMOBI service, you will be asked to check a box indicating that you have read these terms and conditions and wish to proceed. If you do not agree to the terms and conditions then you cannot proceed to register your site or blog with the OSMOBI mobile website.

You may save or print these terms and conditions for your future reference.

Please note that this Agreement only concerns the OSMOBI service. The use of the Osmobi.com website is subject to a separate website policy and disclaimer.

REGISTRATION

While the use of the Service is free of charge, you must first create an account (“register”) on the Osmobi.com website in order to start using the service.

Site owners and blog owners who have completed our online registration form (“Registered Users”) will be able to use – free of charge – the Osmobi service. This will allow them to:

Create a mobile version of their Drupal and Joomla! Sites
To have 150 pagevisits per day on their Mobile site, or to have a total bandwith consumption of 100Mb per day.
To have a automatic redirect of mobile devices to the mobile version of their site.

We grant Registered Users a non-exclusive, non-transferable subscription to use the service. We reserve the right to terminate this subscription at any time, in which case you agree to cease using the service and the mobile sites created by the service.

SECURITY

You are responsible for maintaining the security of your username and password, and you are fully responsible for all activities that occur under your account. You must immediately notify SIRUNA of any unauthorized uses of your account, access keys or any other breaches of security.

CONTENT POSTED ON MOBILE WEBSITES AND BLOGS

Copyright and other Intellectual Property Rights Policy - You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without first obtaining the written permission of the owner of such proprietary rights. We can block access of any user who repeatedly infringes the intellectual property rights of others.

Prohibited Material - You are prohibited from using the Service with regard to any material:

which infringes the copyright of another person (that is it was copied from another work without the permission of the copyright owner); or
that may be defamatory, threatening, indecent, obscene, offensive, pornographic, abusive, discriminatory, in breach of confidence or privacy or which may cause annoyance to any third party; or
which constitutes or encourages conduct that would be considered a criminal offence, gives rights to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Belgium or any other country in the world; or
which is technically harmful to the site or other users (which includes, but is not limited to, computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

SIRUNA has not reviewed, and cannot review, all of the material made available through or posted to the OSMOBI mobile websites and web pages. SIRUNA does not have any control over users websites and web pages, and is not responsible for the content of their use. SIRUNA disclaims any responsibility for any harm resulting from use of SIRUNA enabled websites and web pages.

Should abnormal use or abusive use or any other use be detected , SIRUNA may at its sole discretion reserve the right to suspend or terminate your account.

Free use of the service in your products or services – You can use the Service free of charge. However, you are not allowed to integrate the Service in products or services you resell or relicense to other parties.

Availability – SIRUNA may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time and without notice to you. You are responsible for the resilience of your system(s) and website(s) when the Service is unavailable, and you will be responsible for creating workarounds in such case.

Although we will try to duly warn you in time, you accept that we can update the Service at any time, and that we can change its specifications and mode of operation, which may require you to update your own software and configuration from time to time.

Your personal data – When you create an account to use the Service, we will process the following personal data about you: your name and e-mail address. We can use this information for general customer management, to provide you with the Service, to optimize our products and services and to communicate with you about the Service or about our other products and services.

We may further use this information to investigate fraud or abuse, which may include conveying this information to competent legal authorities. You have the right to gain access to and correct your personal data. You can exercise this right, free of charge, by consulting your online account. Please read our privacy policy for more information on the collection and the handling of personal information.

Support – The OSMOBI Free service does not provide an organized support system. If you wish to enjoy professional support service, you may upgrade to the OSMOBI Premium service, which includes a Service Level Agreement. For support issues, you can visit our OSMOBI Forum or consult the FAQ’s. Bugs or failures can be reported on the support section on www.osmobi.com.

GALLERY

In this Agreement, you grant Siruna the right to post a thumbnail with hyperlink of your mobile website in a gallery on the Siruna website. Such posting is for promotional purposes only and shall not in any way constitute a breach or infringement of any copyright or any other intellectual property rights you may own. If you do not wish your mobile website to appear in the Siruna gallery, you must inform Siruna hereof by e-mail.

LIMITATION OF LIABILITY

Your attention is drawn specifically to this paragraph

The OSMOBI mobile website tool may be unavailable from time to time due to maintenance work or technical problems.

We make no warranty that our Services via the OSMOBI mobile website will be available at any particular time or that your access to the OSMOBI mobile website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the OSMOBI mobile website or its Services for any reason.

The OSMOBI service or the mobile site made mobile with OSMOBI may not be compatible with your browser, mobile device or computer configuration and we make no warranty that it is.

The OSMOBI service is optimized for working with html-based sites. Problems may occur if your website uses JAVA, Flash or AJAX. If you wish to use our technology for such websites, please contact us for a personified mobile website project.

If you are accessing the OSMOBI mobile website and Services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.

We shall not be liable for any losses you suffer as a result of unauthorized access to your account until such time as you have informed us of any unauthorized or possible unauthorized use of your username and password or of a breach of security.

We shall not be liable for:

any loss of profit, data loss, loss of production, depletion of goodwill and
any indirect loss, costs or expenses whatsoever

in each case arising out of your use of the OSMOBI website, your use of our Services on the OSMOBI website, a mobile site created using the Osmobi services, or our failure to deliver Services contained on the OSMOBI website.

You warrant to us that you will not use the OSMOBI website or any Services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately terminate your account and your ability to access the OSMOBI website site and OSMOBI service if you breach any such terms and conditions or if we believe that we or our other customers may incur liability from your actions.

YOUR LIABILITY TO US

In accessing the OSMOBI website and using the Services, you agree to indemnify us and to keep us indemnified in full from all or any liability or damages we incur in contract, tort (including negligence) or otherwise towards a third party as a result of your use of the Services accessible through your user account.

TERMINATION

SIRUNA reserves the right to immediately terminate or suspend this Agreement without intervention of a judge if you provide false or inaccurate information during the registration procedure, if you do not duly update your account information, if you fail to comply with any obligation under this Agreement, or if SIRUNA terminates its business activities or support for the Service.

Effects of termination – If this Agreement terminates for any reason whatsoever, you shall immediately cease using the Service.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between SIRUNA and you with respect to the subject matter hereof. There are no representations, promises, warranties or understandings relied upon by you that are not contained herein. It replaces, supersedes and cancels any other agreement that may have existed between the parties on the same subject.

ASSIGNMENT

SIRUNA has the right to assign, subcontract, delegate or otherwise transfer its rights and obligations under this Agreement to any affiliate without your express prior written authorization.

SEVERABILITY

If any part of this Agreement is found to be invalid or unenforceable, such part will be severed from the remainder of this Agreement and will be replaced with a provision that accomplishes the original business purpose, to the extent possible. This Agreement will in such case continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW & APPLICABLE COURT

This Agreement is governed by Belgian law. Any dispute about the validity, the interpretation or the execution of this Agreement will be finally settled by the competent courts of Gent, Belgium.

Service agreement for OSMOBI Premium

OSMOBI is a product of Siruna nv. This document was last updated on 8/10/2009.

When you use the OSMOBI premium mobile web service ("Service"), you are bound by this Agreement between you and us (SIRUNA NV, hereafter called "Siruna"). To protect your own interests, please read these terms and conditions carefully. If you do not agree to the terms and conditions then you cannot proceed to use the website and the Service we provide through it.
Before publishing your site or blog with the OSMOBI service you will be asked to check a box indicating that you have read these terms and conditions and wish to proceed. If you do not agree to the terms and conditions then you cannot proceed to register your site or blog with the OSMOBI mobile website.

You may save or print these terms and conditions for your future reference.

Please note that this Agreement only concerns the OSMOBI mobile web service. The use of the Osmobi.com website is subject to a separate website policy and disclaimer.

REGISTRATION

SECURITY

CONTENT POSTED ON MOBILE WEBSITES AND BLOGS

Prohibited Material - You are prohibited from using the Service with regard to any material:-

which infringes the copyright of another person (that is it was copied from another work without the permission of the copyright owner); or
that may be defamatory, threatening, indecent, obscene, offensive, pornographic, abusive, discriminatory, in breach of confidence or privacy or which may cause annoyance to any third party; or
which constitutes or encourages conduct that would be considered a criminal offence, gives rights to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Belgium or any other country in the world; or
which is technically harmful to the site or other users (which includes, but is not limited to, computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

SIRUNA disclaims any responsibility for any harm resulting from use of SIRUNA enabled websites and web pages.
Should abnormal use or abusive use or any other use be detected , SIRUNA may at its sole discretion reserve the right to suspend or terminate your account.

Use of the service in your products or services – You are not allowed to integrate the Service in products or services you resell or relicense to other parties.

Payment – The Service will be provided after you have paid the subscription fees for the first month (the "initial period"), as set out in our price list. You acknowledge and agree that if you do not renew your subscription by paying the applicable subscription fee before the expiry of the subscription period, you will not be able to continue using the Service. The price list can be adjusted at any time by SIRUNA, although we will not require you to pay additional fees for a subscription period you already paid for.

LIMITATION OF LIABILITY

Your attention is drawn specifically to this paragraph.

During the term of the Agreement, SIRUNA shall use all reasonable commercial efforts to ensure that the Service is available to you.

The OSMOBI mobile website tool may be unavailable from time to time due to maintenance work or technical problems.

The OSMOBI zerviceor any part of it or any website mobilized with the Osmobi service may not be compatible with your browser, mobile device or computer configuration and we make no warranty that it is.

The OSMOBI mobile website tool is optimized for working with html-based sites. Problems may occur if your website uses JAVA, Flash or AJAX. If you wish to use our technology for such websites, please contact us for a personified mobile website project.

If you are accessing the OSMOBI mobile website and Services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.

any loss of profit, data loss, loss of production, depletion of goodwill and
any indirect loss, costs or expenses whatsoever

in each case arising out of your use of the OSMOBI website, your use of our Services on the OSMOBI website, a mobile site created using the Osmobi service or our failure to deliver Services contained on the OSMOBI mobile website.

You warrant to us that you will not use the OSMOBI website or any Services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these Terms and Conditions. We may immediately terminate your account and your ability to access the OSMOBI website and OSMOBI service if you breach any such Terms and Conditions or if we believe that we or our other customers may incur liability from your actions.

YOUR LIABILITY TO US
In accessing the OSMOBI website and using the Services, you agree to indemnify us and to keep us indemnified in full from all or any liability or damages we incur in contract, tort (including negligence) or otherwise towards a third party as a result of your use of the Services accessible through your user account.

TERMINATION

Termination for convenience - Either party may terminate this Agreement for convenience at any time by giving you written notice. The termination shall take effect at the end of the then current subscription period.

Termination - SIRUNA reserves the right to immediately terminate or suspend this Agreement without intervention of a judge if you provide false or inaccurate information during the registration procedure, if you do not duly update your account information, if you fail to comply with any obligation under this Agreement, or if SIRUNA terminates its business activities or support for the Service.

Effects of termination - If this Agreement terminates for any reason whatsoever, you shall immediately cease using the Service.

ENTIRE AGREEMENT

ASSIGNMENT

SIRUNA has the right to assign, subcontract, delegate or otherwise transfer its rights and obligations under this Agreement to any affiliate without your express prior written authorization.

SEVERABILITY

FORCE MAJEURE

Each party shall be excused from delays in performing or its failure to perform hereunder (other than payment of monetary obligations) to the extent that such delays or failures result from situations for which a party cannot be held accountable for (such as, but not limited to, broken down telecommunication lines, serious software bugs in third party software or components, strikes, and so on).

GOVERNING LAW AND APPLICABLE COURT

This Agreement is governed by Belgian law. Any dispute about the validity, the interpretation or the execution of this Agreement will be finally settled by the competent courts of Brussels, Belgium.

JOOMLA TRADEMARK

Joomla! is a trademark of Open Source Matters. Siruna is not affiliated with or endorsed by the Joomla! Project or its trademark owners.

Service agreements

Service agreement for OSMOBI Free

Service agreement for OSMOBI Premium