Hot Meter - Terms of Use

Updated December 1st, 2011

Welcome to Hot Meter.

By using the Hot Meter mobile application (the "Application") that Mobi Web Limited ("MobiWeb" or “we” or “us”) operates, you agree to be bound by these Terms of Use (this "Agreement").

This Agreement sets out the legally binding terms for your membership and may be modified by MobiWeb from time to time. MobiWeb reserves the right to modify the Agreement from time to time. MobiWeb will post any modified version of the Agreement on the web site made for the Application (“Site” or “Sites”) and your continued use of the Application after such a modified version of the Agreement has been posted, constitutes your acceptance to such modified version.

1. ELIGIBILITY

THE APPLICATION IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE APPLICATION, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. By using the Application, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely using or browsing through the Application and have not yet used it, your use of the Application is still subject to this Agreement; if you do not agree to this Agreement, do not use the Application.

2. PROPRIETARY RIGHTS IN THE SERVICE

MobiWeb owns and retains all proprietary rights of the Application. The Application contains the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of MobiWeb, and its licensors. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Application does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein.

3. CONTENT POSTED ON THE APPLICATION

You understand and agree that MobiWeb may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Application and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of MobiWeb violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Users or third parties. You are solely responsible for the Content that you post on the Application or transmit it to other Users or third parties. By posting Content to any area of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to MobiWeb an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Application ("Prohibited Content"). MobiWeb reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Application and terminating the access or membership of such violators.

Prohibited Content includes Content that:

  • (a) is patently offensive to the mobile or online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • (b) harasses or advocates harassment of another person;
  • (c) involves the transmission of "junk mail" or unsolicited mass mailing or any type of Application "spamming" or user "spamming";
  • (d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
  • (e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content links to such pirated music, video files, or files that contain such other pirated Content;
  • (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • (g) displays pornographic or sexually explicit material of any kind and in any form;
  • (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • (i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • (j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other Users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
  • (k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by governmental licensing regimes or non-transferable items; or
  • (l) otherwise violates the terms of this Agreement or creates liability for MobiWeb.

You must use the Application in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Application, except as to the extent expressly allowed by MobiWeb in specific sections of the Application. You may not engage in any automated use of the Application, such as using scripts, bots, or the like, to add friends or send comments or messages. Although MobiWeb cannot monitor the conduct of its Users off the Application, it is also a violation of these rules to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, MobiWeb reserves the right to restrict the number of emails and other communications (including sharing of Content) which a User may send to other Users in any twenty-four (24) hour period to a number which MobiWeb deems appropriate in its sole discretion.

4. ACKNOWLEDGMENT OF POTENTIALLY OFFENSIVE CONTENT

The Application may not be accessed or used where prohibited by law. You understand that by accessing or using the Application, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes. In addition, certain content and materials available on or through the Application are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit or any offensive material. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for offensive, sexually explicit, unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and other third parties. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE APPLICATION AND YOU AGREE TO HOLD MOBIWEB HARMLESS FROM AND AGAINST ANY RESPONSIBILITY OR LIABILITY FOR OFFENSIVE, INDECENT OR OBJECTIONABLE CONTENT INCLUDING WITHOUT LIMITATION SEXUALLY EXPLICIT CONTENT AND CONTENT THAT VIOLATES THESE TERMS OF USE.

5. YOUR USER PROFILE

Any Content used for or photographs posted by you in your User profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of any other person.

6. MOBILE SERVICES

You may access and use the Application using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the Application via a mobile device is subject to the terms of this Agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of Content. By accessing and using the Application with a mobile device you acknowledge and agree that you may receive certain communications from the Application (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using the Application via mobile devices, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees. If you choose to update your profile with information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (a) such information may be made available to every viewer of your User profile and (b) MobiWeb does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other Users.

7. COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Application; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement please email to info@mobiweb-mobileapps.com.

8. THIRD PARTY CONTENT

Content from other Users, advertisers, and other third parties may be made available to you through the Application. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and other third parties.

9. RELEASE

To the extent permitted under applicable laws, you hereby release MobiWeb from any liability related to: (a) any incorrect or inaccurate Content posted on the Application, whether caused by any User of the Application or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any User of the Application; (c) any problems or technical malfunction of any communication network, computer online systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to User's or to any other person's computer or mobile device related to or resulting from participating or downloading materials in connection with the Application; (d) any loss or damage caused by Content posted on the Application or transmitted by and to Users, or any interactions between Users of the Application whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Application User communications.

10. DISCLAIMER

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE APPLICATION IS PROVIDED "AS-IS" AND AS AVAILABLE AND MOBIWEB EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND MOBIWEB DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE APPLICATION; (B) THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; (C) THAT THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE. MOBIWEB DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE APPLICATION.

11. LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MOBIWEB SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF MOBIWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOBIWEB'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO MOBIWEB FOR THE APPLICATION; AND (2) FIFTY U.S. DOLLARS (US $50).

12. GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by the laws of Belize without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and MobiWeb agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Belize City, Belize in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than one thousand U.S. DOLLARS ($1000) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, MobiWeb may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Belize law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Application.

13. ELECTRONIC COMMUNICATIONS

The communications between you and MobiWeb use electronic means, whether you visit MobiWeb’s sites or send us emails, or whether MobiWeb posts notices on the Application or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MobiWeb in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MobiWeb provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.

14. INDEMNITY

You agree to indemnify and hold MobiWeb, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. OTHER

This Agreement contains the entire agreement between you and MobiWeb regarding the use of the Application. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another User) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MobiWeb to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

16. COPYRIGHT/TRADEMARK INFORMATION

Copyright © 2011, Mobi Web Limited. All rights reserved. The trademarks, logos and service marks displayed on the Application are our property or the property of other third parties.