%html{:xmlns => "http://www.w3.org/1999/xhtml"} Terms and Conditions | MDI

Terms and Conditions

GSM Association and its affiliates (collectively "GSMA") provide Mobile for Development Intelligence (www.mobiledevelopmentintelligence.com) ("Web Site") to You and any other person or entity on behalf of whom you may be acting (collectively "You" or "User"). You accept these Terms of use ("Terms") as described below. These Terms are entered into by and between GSMA and You ("Agreement"). Your acceptance constitutes a license that covers Your use of this Web Site, use of any data and information contained herein ("Data") and any transactions that You engage in through this Web Site, and You accept the Terms either by: (a) using the Web Site in any manner or (b) acknowledging Agreement with these Terms by clicking accept. If You do not wish to be bound by these Terms, please do not use this Web Site.

Username and password

You must select a username and password, which You may then use to download, forward or otherwise make use of the information contained on the Web Site. The username and password you select must be kept confidential by You. You must not disclose these to any other individual, whether or not they are part of the same organisation.

Disclosure of your information

You acknowledge, consent and agree that GSMA may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in GSMA’s opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user of the Web Site, individual or government agency; or (4) protect the rights, property, or personal safety of GSMA, users of the Web Site or the public.

Uses of personal information

GSMA does not sell, rent, or otherwise provide personally identifiable information to third parties without Your consent except where it is necessary to carry out Your instructions, or to administer Your account with GSMA.

Authority

If You are accessing the Web Site on behalf of an organisation, You warrant that You are authorized to do so and that You understand and agree that You are binding such organisation to the Terms.

Licence

GSMA grants You a non-exclusive, non-transferable, non-assignable licence to use and/or to access the Web Site and Data therein. However, GSMA is entitled (in its absolute discretion and without any requirement for explanation) to refuse access to the Web Site and Data to any person or entity.

Restrictions and Permissions

This licence does not grant You any rights to use the Mobile for Development Intelligence name, logo, or trademarks. Data and other information provided on the Web Site, including images, designs, photographs, writings, graphs, or otherwise are the property of GSMA or third parties and are protected by copyrights, trademarks, trade secrets, or other proprietary rights belonging to GSMA or those third parties. You and Your organisation shall comply with all copyright laws worldwide in Your use of this Web Site and prevent unauthorized copying of the Data. Except as provided herein, GSMA does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information in the Web Site, Data or otherwise. You may not sell, resell or otherwise make the Data or other information on the Web Site available in any manner or on any media to any third party except as permitted by these Terms. You are permitted to view and download the Data and other information on the Web Site and to combine such Data and other information with other data, but you may do so solely for the purpose of your analysing the Data and other Web Site information. You may also forward the Data and other Web Site information to third parties so long as you and they comply with these Web Site Terms and Conditions and any applicable terms and conditions imposed by a third party whose data are included in the forwarded Data and other information.

Ownerships

The ownership of all intellectual property rights in the Web Site and the Data remains vested in GSMA and no ownership rights are transferred hereunder.

Country or Area Designations

The designations employed and the presentation of the material on the Web Site do not imply the expression of any opinion whatsoever on the part of GSMA concerning the legal status of any country, city or area, or it its authorities, or concerning the delimitation of its frontier or borders.

Term and Termination

You agree that GSMA may immediately discontinue, suspend, terminate, or block Your and any other User's access to the Web Site at any time in our sole discretion, if we believe that You have violated or acted inconsistently with the letter or spirit of this Agreement, or any additional posted guidelines, rules, and/or terms and conditions applicable to the Web Site. You agree that any termination of Your access to the Web Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GSMA may immediately deactivate or delete Your password and username and all related information and files associated with it and/or bar any further access to such files or the Data. GSMA shall not be liable to You or any third party for any termination of Your access to the Web Site or the Data. The Clauses entitled "Confidentiality", "No Warranty", "Disclaimers", Limitation of Liability", "Indemnification", and "General" shall survive expiration of this Agreement.

Hyperlink Disclaimers

As a convenience to You, we may provide on this site links to Web Sites operated by other entities (collectively the "Linked Sites"). If You use any Linked Sites, You will leave the Web Site. If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by GSMA. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by GSMA.

No Warranty

GSMA gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, GSMA excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, without limiting the foregoing, GSMA expressly excludes any warranty regarding the accuracy or reliability of the information and Data contained in the website. Such information and Data are provided on a best efforts basis.

Limitation of Liability

Your decision regarding whether to use and, if so, how to use, the information contained in the Website is yours alone. GSMA’s liability to you under this Agreement will not exceed $1,000 (one thousand US Dollars). This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA negligence. Any third party that has been contracted by GSMA to provide any information, data or other inputs used by or in the Website (a “Third Party”) shall have no liability to you under any circumstances under this Agreement or as a result of your use of the Website or the Data contained therein. In no event, whether based in contract, tort or howsoever arising, shall GSMA or a Third Party be liable for incidental, indirect, special or consequential damages of any kind or for loss of profits or revenue or loss of business arising out of, or in connection with this Agreement whether or not GSMA or a Third Party, or both of them, was advised of the possibility of such damage.

Indemnification

You agree to indemnify, defend, and hold harmless GSMA, its affiliates, agents, employees, and licensors and any Third Party from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your use of the Web Site, or use of the Data, violation of this Agreement, violation of any law or regulation, or violation of any proprietary rights.

Entire Agreement

This Agreement constitutes the entire Agreement between GSMA and You with respect to this Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to this Web Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. 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.

Modifications to Agreement

These Terms are subject to change by GSMA without notice. All amended Terms shall automatically be effective 30 days after they are initially posted on the Web Site. It is Your responsibility to return to these Terms from time to time to review the most current version. GSMA does not and will not assume any obligation to notify You of changes to the Terms. This Agreement may not be otherwise amended except in a writing signed by You and GSMA.

General

The construction, validity and performance of this Agreement are exclusively governed by the laws of the State of Georgia, USA and the parties submit to the exclusive jurisdiction of the courts of the State of Georgia, USA. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and this Agreement shall be construed as if the invalidated or unenforceable provision had not been contained.