Legal

Trademarks

MediaFLO USA, and FLO are trademarks of Qualcomm Incorporated. Qualcomm is a registered trademark of Qualcomm Incorporated.

Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.

Terms of Use

The contents of www.mediaflousa.com are owned by MediaFLO USA, Inc. and are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Your use of this website is subject to the Terms of Use.

2006 MediaFLO USA, Inc. All rights reserved.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. MediaFLO USA, Inc. ('MediaFLO,' 'we,' 'us') provides the MediaFLO web site located at MediaFLOUSA.com and all site-related services (collectively, the 'Site') subject to your compliance with the terms and conditions set forth in this agreement (the 'Agreement'). This Agreement governs the relationship between MediaFLO and you as the Site visitor and/or user, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site. We reserve the right at any time to:

Change the terms and conditions of this Agreement which shall be effective upon posting of the revised terms and conditions; or Change the Site, including eliminating or discontinuing any content on or feature of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. The use by MediaFLO of information collected through your use of the Site shall be governed by the terms of MediaFLO's Privacy Policy.

1. Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the 'Materials'), are intended to educate and inform you about MediaFLO, MediaFLO's network, and other services provided by or affiliated with MediaFLO. The Materials remain the property of MediaFLO or its partners, licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of MediaFLO or, if so indicated in writing by MediaFLO, its partners, licensors or suppliers.

2. Code of Conduct. While using the Site and/or Materials, you agree not to: Restrict or inhibit any other visitor or user from using the Site, including, without limitation, by means of 'hacking' or defacing any portion of the Site; Use the Site or Materials for any unlawful purpose; Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials; 'Frame' or 'mirror' any part of the Site without MediaFLO's prior written authorization; Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Site visitors or members without their express consent.

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.

3. Postings and Forums. Please note that, because we and our designees may host message boards and other forums found on the Site (collectively, the 'Forums') and, therefore, redistribute materials you submit to us, we require certain rights in those materials. Our Forums (if and when deployed) are designed to provide a means for visitors to communicate with each other. Information on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and some of whom are people not otherwise connected with MediaFLO. You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for any messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums, whether such third parties are visitors to the Site, members of the MediaFLO community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of MediaFLO. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, employees, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. By posting messages to any Forums or other areas of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, fully paid-up, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such postings in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the postings. None of the postings will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any postings. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and/or the Forums and/or any postings or other materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum) for any reason; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our partners and our users and visitors; and to comply with legal or contractual obligations or governmental requests.

4. Idea Submissions. MediaFLO requires all creative suggestions, ideas, notes, concepts, information or other materials sent or transmitted to MediaFLO (collectively, 'Submissions') to be accompanied by an executed 'Unsolicited Material Release' in order for any ideas or concepts (or any materials related thereto) to be considered by MediaFLO. Please see our Unsolicited Material Release, which governs all Submissions made to MediaFLO.

5. Links. The Site contains links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by MediaFLO. MediaFLO has not reviewed all of the web sites that are linked to the Site, and MediaFLO has no control over such sites. MediaFLO makes no warranty or representation about, nor is MediaFLO responsible for, the quality, content, nature or reliability of any linked web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that MediaFLO offers such links does not indicate any approval or endorsement of any material contained on any linked site. MediaFLO is providing these links to you only as a convenience. Under no circumstances shall MediaFLO be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused to a Site visitor or user in connection with such web sites. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

6. Ownership and Restrictions on Use. The Site is owned and operated by MediaFLO in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of MediaFLO, Qualcomm Incorporated and its partners, licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by MediaFLO, Qualcomm Incorporated, or its or their partners, licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials. If we make software available for download from the Site and you download such software, such software is licensed on a limited basis to you by us or the owner or licensor of such software. Title to the software is not transferred to you. You own the medium on which such software is recorded, but we or the owner or licensor of such software retain all right, title and interest in and to the software downloaded, and all intellectual property rights therein. The trademarks, logos, and service marks displayed on the Site (collectively the 'Trademarks') are the registered and unregistered trademarks of Qualcomm Incorporated, MediaFLO USA, Inc., MediaFLO's partners, licensors and suppliers, and others. The Trademarks owned by Qualcomm Incorporated, including 'MediaFLO', 'FLO', 'MediaFLO USA' and the MediaFLO USA logo, whether registered or unregistered, may not be used in connection with any product or service that is not MediaFLO's or Qualcomm Incorporated's, in any manner that is likely to cause confusion with customers, or in any manner that disparages MediaFLO or Qualcomm Incorporated. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MediaFLO, Qualcomm Incorporated and MediaFLO's partners, licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited and any intellectual property rights in such Trademarks will be aggressively enforced, including via civil and criminal proceedings.

7. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.

8. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are additionally responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

9. Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games that are accessible through the Site are governed by the specific rules associated therewith. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules and to review our Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

10. Disclaimers. THE SITE, THE MATERIALS ON THE SITE AND ANY SERVICE OBTAINED THROUGH THE SITE OR ANY LINKED SITES ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIAFLO AND ITS AFFILIATES, PARTNERS, CUSTOMERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MEDIAFLO AND ITS AFFILIATES, PARTNERS, CUSTOMERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR OF ANY SOFTWARE DOWNLOADED FROM THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR ANY SOFTWARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MEDIAFLO OR ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at mui_info@mediaflousa.com with, if possible, a description of the material to be checked and the location Submission Agreement where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

11. Limitation of Liability. NEITHER MEDIAFLO NOR ANY OF OUR AFFILIATES, PARTNERS, CUSTOMERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST REVENUES OR PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MEDIAFLO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

12. Indemnification. You agree to indemnify, defend and hold MediaFLO, our affiliates, partners, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

13. Questions. The Site is provided by MediaFLO USA, Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at MediaFLO USA, Inc., 5775 Morehouse Drive, San Diego, California, 92121 or [email protected]

14. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with MediaFLO's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.