10. Restrictions. In using AOL Mobile, you may not: - violate the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; - You will not violate the privacy rights of others by posting their personal information on AOL Mobile, such as, name, address, email address, telephone number or map location, without their express, prior consent. - engage in conduct that is unlawful, threatening, abusive, harassing; defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortious; - submit or transfer material that contains explicit or graphic descriptions, or accounts of, sexual acts; - victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; - impersonate any person, business or entity, including AOL and its employees and agents; - transmit or cause to transmit material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; - encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; - initiate any conduct that would damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of AOL Mobile; - attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means; or - violate these terms (and any supplemental terms, policies or guidelines). You may not induce or allow others to use AOL Mobile to violate the terms of this section. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
11. No Spam. You may not use any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages), or harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
12. Ownership rights. We, our suppliers, and our users who provide software for AOL Mobile ("Software") and who lawfully post text, messages, information, images, audio video and web pages on AOL Mobile ("Content") own the property rights to that Software and Content. The Software and Content are protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
13. License. Subject to your compliance with these terms, we give you a personal, limited, non-exclusive and non-transferable license to use AOL Mobile, the Software and Content for personal, non-commercial use. You may use Content and Software offered for downloading, such as photos, music and other applications for personal use only and subject to the rules that accompany that particular Content or Software.
14. Restrictions on Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
15. Restrictions on Software. You may not sell or redistribute any Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.
16. Export laws. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority ("Export Laws"), and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with such Export Laws and for obtaining all necessary authorizations and clearances.
17. Content that you submit. You may only transmit or post Content on AOL Mobile that you created or that you have permission to use. You may not post Content that violates these terms. We do not claim ownership of any Content that you may submit or post; however, if you post Content to areas of the service that are open to the general public, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. Also, you give us a permanent right to use in our sole discretion any suggestions or feedback that you may provide us about AOL Mobile without any compensation to you.
18. We have not duty to monitor Content. We are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
19. Procedures for making Copyright infringement claims. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on AOL Mobile in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
20. Third party sites and advertisers. We are not responsible or liable for any Content or other materials on third party sites that are linked from the AOL Mobile service. Any dealings that you have with advertisers found on AOL Mobile are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Terms 21-29 >>