The MOTOROLA MOBILE SERVICES Terms and Conditions and the MOTOROLA MOBILE SERVICES Privacy Statement (collectively the Agreement) form a binding contract between you and Motorola Mobility, Inc., a Delaware corporation, with its principal place of business at 600 US Highway 45, Libertyville, IL 60048, United States of America, (Motorola). Any terms defined in the Agreement will have the same meaning as in both the Terms and Conditions and Privacy Statement. Using the MOTOROLA MOBILE SERVICES software and services (MOTOROLA MOBILE SERVICES) constitutes your acceptance of the terms of the Agreement without modification. If you do not accept the terms of the Agreement, then you may not use MOTOROLA MOBILE SERVICES.
This Privacy Statement applies to your use of the Motorola owned and operated Software and Services (MOTOROLA MOBILE SERVICES) unless otherwise set out in the Welcome email that you received upon registering your MOTOROLA MOBILE SERVICES account. This statement does not apply to information Motorola may collect in any other manner, including on its non-MOTOROLA MOBILE SERVICES websites, through email messages you may send, to authorised Motorola representatives, or otherwise, or to any information collected by a third party such a wireless carrier or third party-application developer.
You are responsible for making sure the information you provide to Motorola is accurate and complete and for updating or correcting such information as necessary.
Motorola may update this Privacy Statement to reflect changes to the way MOTOROLA MOBILE SERVICES collects and uses information from your device. We encourage you to periodically review this Privacy Statement for the latest information on MOTOROLA MOBILE SERVICES' information practices.
1. HOW DOES MOTOROLA COLLECT AND USE INFORMATION FROM MY DEVICE?
In order to operate MOTOROLA MOBILE SERVICES, Motorola collects and uses certain information about you and your mobile device.
A. Information about the performance of your mobile device such as (1) your device's unique serial number; (2) wireless carrier and network type; (3) proximity to mobile phone towers; (4) your device's model and software version; (5) when your device experiences a software crash; (6) battery performance; and (7) statistical information such as CPU and memory activity, network connectivity and device reboot history. Motorola uses this information to allow your device to connect to mobile networks; more effectively diagnose specific problems with your mobile device; and perform personalised services such as system restores, backups, software updates, remote diagnostics, troubleshooting and remote deletion of information.
B. Information about the way you use your mobile device such as (1) use of hardware functions like the accelerometer, GPS, wireless antennas and touchscreen; (2) wireless carrier and network information; (3) use of accessories like headsets and docks; (4) data usage; and (5) anonymous information about how you use certain software features like Settings and Connected Media Applications. This information also includes performance-related data that Motorola has aggregated with similar data collected from other users after removing any personally identifiable information. Motorola uses this information to: (1) develop improvements to MOTOROLA MOBILE SERVICES and other Motorola products and services; (2) provide further enhancements to its technical support capabilities; and (3) provide you with personalised information and recommendations relating to Motorola and third-party products and services that may interest you.
C. Personal information such as: (1) your email and social network account credentials; (2) user settings and preferences; (3) your email and social network contacts; (4) your mobile phone number; and (5) the performance of applications installed on your device. Motorola uses your personal information to: (1) enable you to access your email and social network accounts, send and receive messages and communicate with your contacts; (2) help Motorola troubleshoot and optimise the performance of your mobile device; (3) improve MOTOROLA MOBILE SERVICES and other Motorola products and services; and (4) communicate with you about Motorola products and services. MOTOROLA MOBILE SERVICES will never collect the specific content of your communications or copies of your files.
D. You may also choose to create a MotoCast ID. Your MotoCast ID is associated with other personal information about you, such as your name, email address and mobile telephone number; as well as technical metadata about your mobile device, such as its model and serial number. Motorola collects and uses your MotoCast ID to enable you to sync and stream content from your computer to your mobile devices, let you configure your mobile devices to automatically upload photos to your computer, back up email and social network accounts and passwords and restore them to other devices using only your MotoCast ID, use your MotoCast ID to log into other Motorola-operated websites and services, and determine what software updates are available for installation on your mobile devices. Motorola may also use this information to email you information that you may interest you such as surveys, recommendations and special offers.
Motorola will collect and use information for legal reasons such as uses described in the MOTOROLA MOBILE SERVICES Terms and Conditions, to resolve disputes and collect fees owed, and to comply with applicable laws. Motorola may also collect and use information for other purposes not listed here. Before doing so, it will describe such collection and use of data and, where appropriate, inform you of your choices.
2. HOW DOES MOTOROLA SHARE MY INFORMATION WITH THIRD PARTIES?
Motorola shares information collected from your mobile device with third parties only as described in this Privacy Statement and only to enable you to utilise the MOTOROLA MOBILE SERVICES services. Motorola does not share your information with third-party marketers or advertising networks.
Motorola will also share your information with third parties if it believes it is required by law or contract to do so, if all or part of its business is acquired by a third party or to identify, contact or bring legal action against someone who may be violating the MOTOROLA MOBILE SERVICES Agreement or may be violating Motorola's or other's rights or causing injury to or interference with Motorola's or other's property. Unless specifically authorised in this paragraph, Motorola will not share information about your location with third parties except as necessary in connection with the uses described in this privacy statement.
3. WHAT ARE MY CHOICES?
Motorola takes privacy protection seriously. Here are some ways that you can control what information MOTOROLA MOBILE SERVICES collects and uses:
A. Marketing communications. If you no longer wish to receive marketing communications from Motorola, you may visit http://optout.motorola.com or follow the directions contained in the email to remove your name from our mailing list(s). Refusing to provide personal information or denying or withdrawing consent to use personal information as identified in this privacy statement may make you unable to participate in certain Motorola-sponsored programmes or activities.
B. Personal information. MOTOROLA MOBILE SERVICES only collects personal information, social network profile data and information about websites you visit if you create a MotoCast ID, use the pre-installed web browser and/or MOTOROLA MOBILE SERVICES applications and widgets like Messaging, Gallery, Music player, Social networking and Social status. If you use non-Motorola applications for email, social networking, sharing content with your friends and web browsing, then MOTOROLA MOBILE SERVICES will not collect this information. Even if you decline to use the pre-installed browser or the MOTOROLA MOBILE SERVICES applications and widgets, your device will continue to collect information about the performance of your mobile device and how you use your mobile device unless you choose to opt out.
C. Location information. MOTOROLA MOBILE SERVICES only collects and uses information about the location of your mobile device if you have enabled one or more location-based service, such as your device's GPS antenna, Google Location Services or a carrier-provided location service. If you turn these features off in your mobile device's settings, MOTOROLA MOBILE SERVICES will not record the location of your mobile device. Attempting to enable location-dependent features of MOTOROLA MOBILE SERVICES without a location service active will prompt you to turn one on in your device's settings. If you use MOTOROLA MOBILE SERVICES' location-dependent features, Motorola will make information about the location of your mobile device available to mapping service providers as described in this privacy statement because these features need the mapping service to function properly.
D. Opting out. You may always choose to stop sharing information with Motorola. If you wish to do so, please contact us at email@example.com. We will process your request as quickly as possible. If you choose to opt out of the collection of performance and usage data about your mobile device, you may experience a degradation in the quality of your user experience because Motorola will not have information that it could use to diagnose and resolve performance-related issues with your mobile device
If you have any questions relating to how MOTOROLA MOBILE SERVICES collects and uses information, please contact Motorola's Privacy Compliance Programme. Motorola can disable data collection described in this privacy statement upon your request, but doing so may have a negative impact on your ability to receive the most effective technical support and may otherwise affect some aspects of your user experience.
4. WHERE IS MOTOROLA, AND HOW DO I CONTACT IT?
For other questions or requests about the use of your information, please contact Motorola's Privacy Compliance Programme by email at firstname.lastname@example.org or by mail at:
Motorola Mobility, Inc.
Attention: Privacy Compliance Programme
600 North U.S. Highway 45
Libertyville, Illinois 60048
Motorola processes and stores information collected from your mobile device on servers located in the State of Illinois, in the United States of America. If you reside outside of the United States, your use of MOTOROLA MOBILE SERVICES constitutes your specific consent to the transfer of your information, including without limitation personally identifiable information and all information described in this privacy statement, to the United States for processing and storage. You also acknowledge that United States law may not provide the same level of protection for collected information as laws applicable in your home country.
5. HOW DOES MOTOROLA STORE AND PROTECT MY INFORMATION?
Motorola will retain information that it collects from you for as long as your mobile device is active or as needed to provide you with access to MOTOROLA MOBILE SERVICES and related services. If you wish to cancel your account or request that Motorola cease using your information to provide you with services, please contact us at email@example.com.
The security of your information is important to Motorola. When MOTOROLA MOBILE SERVICES transmits information from your mobile device to Motorola, MOTOROLA MOBILE SERVICES encrypts the transmission of that information using secure socket layer technology (SSL). Motorola also uses standard technical and organisational security measures to protect information that resides on your mobile device and on Motorola systems. However, no data stored on a mobile device or transmitted over a wireless or interactive network can ever be 100 percent secure, and many of the communications you make using MOTOROLA MOBILE SERVICES will be accessible to third parties. You should therefore be cautious when submitting any personally identifiable information using MOTOROLA MOBILE SERVICES, and you understand that you are using MOTOROLA MOBILE SERVICES at your own risk.
As a global company, Motorola has international sites and users all over the world. The personal information you provide may be transmitted, used, stored, and otherwise processed outside of the country where you submitted that information, including jurisdictions that may not have data privacy laws that provide equivalent protection to such laws in your home country.
6. WHAT ABOUT MY CHILD'S PRIVACY?
Motorola provides MOTOROLA MOBILE SERVICES for use by persons age 16 and over. Motorola does not seek to collect information about children under the age of 16. Children under 16 years of age should not submit information to Motorola. Motorola will delete information collected from children under 16 immediately upon discovery and will not use the information for any purpose. Motorola encourages parents to take an active role in their children's use of any interactive service or device, and to inform them of the potential dangers of providing information about themselves over the Internet.
TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
You acknowledge that you have read and accepted the terms of the Agreement. You agree to comply with all applicable laws, regulations and/or rules with regard to your use of MOTOROLA MOBILE SERVICES, any updates to MOTOROLA MOBILE SERVICES that Motorola may deliver to your mobile device (MOTOROLA MOBILE SERVICES Updates) and any other services that Motorola performs for you under the Agreement (Services). You represent that you have the legal authority to bind yourself or any party you represent to the Agreement. If you choose to participate in a promotion or other Motorola-sponsored activity (Activity), you also agree to comply with any rules or regulations governing such Activity.
2. OWNERSHIP AND LICENCE
Motorola owns or licenses certain brand-related terms including but not limited to names, logos, slogans, designations and other proprietary indicia (collectively Trademarks) used in the Services. By making these Trademarks available via these Services, Motorola is not granting you a licence to use them in any fashion. Access to these Services does not confer upon you any licence under any of Motorola's or any third party's Trademarks or other intellectual property rights, except as specifically set forth in MOTOROLA MOBILE SERVICES Agreement. You may not use any Motorola Trademarks as a username, icon, identifier, hyperlink or in any other manner without Motorola's prior written permission. MOTOROLA, the Stylised "M" Logo and the MOTOROLA MOBILE SERVICES logos are registered trademarks or trademarks of Motorola or its licensors registered in the United States and other countries. All other product or service names are the property of their respective owners.
MOTOROLA MOBILE SERVICES, services and all information, communications, scripting, photos, text, video, graphics, music, sounds, images and other materials provided to you via MOTOROLA MOBILE SERVICES (collectively Content) is the sole property of Motorola (� 2009-2011 Motorola Mobility, Inc. all rights reserved), or its respective licensors. MOTOROLA MOBILE SERVICES, Services and Content are protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws (collectively, "Intellectual Property Rights").
In addition to Motorola's Intellectual Property Rights in individual elements of the Content, Motorola or its licensors own a copyright in the selection, co-ordination and arrangement of the Content. You are hereby granted permission to access Content solely for your personal, non-commercial use of viewing and browsing through the Services. This restriction does not apply, however, to any information or other materials you upload to your Device (User Content).
Motorola licenses MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates (including software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form to you for your use subject to the terms of the Agreement. Collectively, MOTOROLA MOBILE SERVICES refers to the MOTOROLA MOBILE SERVICES software and services and all MOTOROLA MOBILE SERVICES Updates. This licence conveys neither title nor any Intellectual Property Rights to you. MOTOROLA MOBILE SERVICES remains the sole property of Motorola, who owns full and complete title. Motorola reserves all rights not expressly granted to you in this Agreement. This licence is non-transferable and is limited to Motorola's intellectual property rights in MOTOROLA MOBILE SERVICES. It does not include any other patents or intellectual property rights. You own the device on which MOTOROLA MOBILE SERVICES is recorded, but Motorola and/or its licensor(s) retain ownership of MOTOROLA MOBILE SERVICES itself.
3. PERMITTED USES AND RESTRICTIONS
You may use MOTOROLA MOBILE SERVICES to: (1) link email and social network accounts to MOTOROLA MOBILE SERVICES by providing your account credentials; (2) send and receive communications via linked email and social network accounts; (3) share User Content via linked email and social network accounts; (4) back up and restore data to Motorola-owned servers; (5) find and/or erase a lost or stolen Device; and (6) obtain remote diagnostics and MOTOROLA MOBILE SERVICES Updates. You may use MOTOROLA MOBILE SERVICES on a single Device. When using MOTOROLA MOBILE SERVICES, you may need to provide certain information such as your email and social network account credentials (Registration Data). You agree that you will provide current, complete and accurate Registration Data and that you will maintain and promptly update your Registration Data when it changes.
You may use your MotoCast ID to: (1) log into and operate Motorola-operated websites and services, subject at all times to any applicable privacy policies and terms of service they may include; (2) back up and restore your email and social network accounts across multiple devices using only your MotoCast ID, and (3) download and install software updates to your Motorola-branded devices, all subject to local laws and regulations governing such activities.
Unless otherwise permitted by law or applicable open-source licences included with MOTOROLA MOBILE SERVICES, you may not copy, decompile, reverse engineer or disassemble MOTOROLA MOBILE SERVICES, attempt to derive the MOTOROLA MOBILE SERVICES source code, or modify or create derivative works of MOTOROLA MOBILE SERVICES or any part thereof. Doing so violates of the rights of Motorola and its licensors and may subject you to prosecution and damages.
You may not make MOTOROLA MOBILE SERVICES available to more than one Device at a time or make it available over a network where it could be used by multiple Devices at the same time. You may not allow third parties to access your MOTOROLA MOBILE SERVICES account except by creating an Associated Account for them pursuant to the Agreement. This Licence does not grant you any rights to use Motorola proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with MOTOROLA MOBILE SERVICES.
Motorola provides MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates and Services to you, subject to the Agreement. MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates, Content, Services and any other services performed, provided or enabled by or through MOTOROLA MOBILE SERVICES or MOTOROLA MOBILE SERVICES Updates, are intended for lawful use by registered users of MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates and Services who are over the age of 16. You represent and warrant: (1) you will use MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates, Services and Content only as permitted by this Agreement and applicable law; (2) you are over the age of 16; (3) all information you submit is accurate and otherwise complies with the Agreement; and (4) you will promptly notify Motorola if any of your contact information, including your mobile telephone number, changes.
MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES ARE NOT INTENDED FOR USE IN OR DURING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF MOTOROLA MOBILE SERVICES OR MOTOROLA MOBILE SERVICES UPDATES COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. SOFTWARE UPDATES/EXPORT CONTROLS
Motorola may make MOTOROLA MOBILE SERVICES Updates available for download to update, enhance or further develop MOTOROLA MOBILE SERVICES. You may download and use the MOTOROLA MOBILE SERVICES Updates to update MOTOROLA MOBILE SERVICES on any Device that you own or control. You may not update Devices that you do not own or control or make the MOTOROLA MOBILE SERVICES Updates available over a network where they may become accessible to multiple Devices or computers at the same time. You may not make copies of the MOTOROLA MOBILE SERVICES Updates without written approval from by Motorola. Motorola may, at its discretion, automatically download MOTOROLA MOBILE SERVICES Updates to your Device. You agree to accept these MOTOROLA MOBILE SERVICES Updates, and to pay for any costs associated with receiving them. MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates. These laws include restrictions on destinations, end users and end use.
You understand and acknowledge any that Services, including but not limited to back-up and restore, remote diagnostics, device location and remote erase, provided through MOTOROLA MOBILE SERVICES or MOTOROLA MOBILE SERVICES Updates, including any Third Party Services, are all subject to your acceptance of the Agreement and any other terms that may be incorporated into it by reference or otherwise presented to you prior to your use of the Services.
6. DISCLAIMER OF WARRANTIES
Motorola does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the Services, Third-Party Services or any other services offered via MOTOROLA MOBILE SERVICES. Any material downloaded or otherwise obtained through the Services or Third-Party Services is done at your own risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material or use of the Services or any Third-Party Services. You expressly acknowledge and agree that your use of MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates and Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. You understand and acknowledge that installation of MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates may affect the usability of third-party software. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES, AND ANY SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES, ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOTOROLA AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES, AND ANY SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MOTOROLA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH MOTOROLA MOBILE SERVICES AND MOTOROLA MOBILE SERVICES UPDATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES UPDATES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES UPDATES AND SERVICES WILL BE CORRECTED. No oral or written information or advice given by Motorola or an authorised representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion, or limitations on the duration, of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates may enable access to other Motorola and third-party web services and to Motorola and third-party websites and information located worldwide throughout the Internet, use of which will require you to accept additional terms of service. Motorola makes no guarantees as to such web services, sites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such web services, sites and information, or (b) whether a search completed through MOTOROLA MOBILE SERVICES Software or Services may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-orientated or otherwise objectionable to some people or viewers under the age of 18 or any other age under applicable laws, the results of any search or entering of a particular URL using MOTOROLA MOBILE SERVICES Software or Services may automatically and unintentionally generate links or references to objectionable material; you agree that Motorola is not responsible for the results of any such search.
You acknowledge and agree that Motorola is not responsible for examining or evaluating the content or the accuracy, completeness, currency, validity or quality of any third-party materials. Motorola does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, or for any other materials, products or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Motorola is not in any way responsible for any such use by you.
By using MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates, you acknowledge that Motorola makes no representations or warranties with regard to any sites or information displayed by or accessed through MOTOROLA MOBILE SERVICES and MOTOROLA MOBILE SERVICES Updates, or any Services performed, provided or enabled by or through MOTOROLA MOBILE SERVICES or MOTOROLA MOBILE SERVICES Updates in relation to such sites or information. Motorola, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive or view using MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates or Services or for any inaccuracies, errors in or omissions from the content. Motorola and its licensors reserve the right to change, suspend, remove or disable access to any Services at any time without notice. In no event will Motorola be liable for the removal of or disabling of access to any such Services. Motorola may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates, Services and Content are controlled and operated in whole or in part by Motorola from its offices within the United States. Motorola makes no representation that MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates, Services or Content are appropriate or available for use in particular locations.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, MOTOROLA WILL HAVE NO LIABILITY FOR: (1) DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE MOTOROLA MOBILE SERVICES, ANY MOTOROLA MOBILE SERVICES UPDATES, SERVICES OR CONTENT HOWEVER CAUSED; (2) PERSONAL INJURY; OR (3) ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES UPDATES, SERVICES OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Motorola's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid to use one (1) year of MOTOROLA MOBILE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. CANCELLATION, TERMINATION AND REVISIONS
This Agreement is effective until terminated. This Agreement, and all your rights under it, will terminate automatically without notice if you violate any term(s) of the Agreement. Upon the termination of the Agreement, you must cease all use of MOTOROLA MOBILE SERVICES, MOTOROLA MOBILE SERVICES Updates and Services. You may cancel your MOTOROLA MOBILE SERVICES account at any time, and for any or no reason. You also agree that Motorola, in its sole discretion, may modify, suspend, terminate or restrict your use or access to MOTOROLA MOBILE SERVICES and any Services, for any or no reason, including without limitation, that Motorola believes you have violated the letter or spirit of the Agreement or the rules of a Motorola-sponsored activity. Motorola may modify, suspend, withdraw or discontinue, temporarily or permanently, MOTOROLA MOBILE SERVICES and any Services or Content it provides to you, in whole or in part, at any time without notice. Your continued use of the modified Services or Content, or your use of Services or Content after modification by Motorola, constitutes your acceptance of the modifications. Motorola will not be liable for any loss that you or anyone else sustain as a result of Motorola's modification, suspension or cancellation of any Services or Content. To the extent permitted by law, Motorola may amend, modify, revise or otherwise change the Agreement, in whole or in part, at any time. You may view the most recent version of the Agreement at http://www.motorola.com/myMOTOROLA MOBILE SERVICES. It is your responsibility to ensure that you have reviewed the most current version of the Agreement. Your continued use of the Services, or use of the Services after such changes, constitutes your acceptance and agreement to be bound by any such changes.
9. MOBILE SERVICE, INTERNET AND OTHER SERVICE FEES
While we do not charge you for MOTOROLA MOBILE SERVICES, using it may require you to pay certain fees. You must have Internet access, such as a connection to a wireless network or a data plan purchased from a wireless carrier, to use MOTOROLA MOBILE SERVICES. You are responsible for all costs associated with obtaining necessary Internet access, which may include equipment charges, home Internet subscription fees, data plan subscription fees and charges for purchasing access to public wireless networks. You bear the sole cost of sending and receiving electronic communications related to MOTOROLA MOBILE SERVICES, including without limitation, administrative messages, service announcements, diagnostic data reports and MOTOROLA MOBILE SERVICES Updates, from Motorola, your mobile carrier or third party service providers.
Neither MOTOROLA MOBILE SERVICES nor all Services will work with all mobile carriers. Motorola makes no representations that MOTOROLA MOBILE SERVICES or all Services will be compatible with or provided by all mobile carriers. In the event that Motorola charges a usage fee for MOTOROLA MOBILE SERVICES or the Services or other third party service providers charge a usage fee for the services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such services. Some Services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such Services.
10. USER CONTENT
You may be able to use MOTOROLA MOBILE SERVICES to: (1) back information up from your Device to a MOTOROLA MOBILE SERVICES server; (2) share information with third parties; and (3) transfer information from a computer or the Internet to your Device. This information ("User Content") includes but may not be limited to: (1) your personal email and social media account credentials; (2) photographs and other images, videos, sound recordings and text that you have accessed via your Device; and (3) personal contacts. Transferring User Content to your Device, backing it up or sharing it with third parties creates a digital copy, which may violate copyright or other laws if you do so without necessary rights. You may only use MOTOROLA MOBILE SERVICES to reproduce, distribute or perform User Content that: (1) exists in the public domain; (2) you have created or otherwise own; or (3) you are legally permitted to reproduce.
As between you and Motorola, User Content is your sole property. Motorola does not endorse User Content, claim any rights in it or exercise any control over what User Content you choose to reproduce, distribute or perform. In order to enable MOTOROLA MOBILE SERVICES to function properly, you grant to Motorola, and to those members of the public who have access to such User Content, the unlimited, free, worldwide, non-exclusive, irrevocable and perpetual permission to use, modify, copy, distribute and display User Content, as well as to associate User Content with your name and other personally identifiable information for the purpose of enabling MOTOROLA MOBILE SERVICES to store, reproduce and distribute User Content on your behalf. You understand and agree that MOTOROLA MOBILE SERVICES may make copies, change the format, transcode, process or otherwise modify or alter User Content in order to store and retrieve the User Content; make the User Content available to you and other members of the public; conform to connecting networks' technical requirements; conform to applicable limitations and terms of the service and for any other reason related to the operation of the Services.
Except as provided in the Agreement, Motorola does not guarantee the security of any User Content transmitted to or via the Services and makes no representations that it will monitor access or use of the Services, but does reserve the right to do so to ensure compliance with these Terms of Service, MOTOROLA MOBILE SERVICES Agreement, Privacy Statement, applicable law, rules or guidelines or the requirements or orders of a court or governmental agency or official. Motorola may, at its sole discretion, amend, modify, alter, remove or refuse, in whole or in part, any User Content it deems objectionable. Motorola may disclose any User Content to law enforcement authorities in pursuing violations of these Terms of Service, MOTOROLA MOBILE SERVICES Agreement or Privacy Statement. You understand and agree to assume the security risk for any User Content you provide using the Services. Additionally, you represent and warrant that you own or otherwise control all of the rights necessary for you to post or otherwise use the User Content in connection with the Services, and that use of the User Content by Motorola will not infringe or violate the rights of any third party.
Motorola respects the intellectual property and other proprietary rights of others. If you or someone acting with your authorisation infringes upon those rights, Motorola reserves the right, in appropriate circumstances and at its sole discretion, to: (1) remove or disable access to User Content that Motorola reasonably believes infringes upon the rights of a third party; or (2) disable or terminate your MOTOROLA MOBILE SERVICES account, any Associated Account or your access to any Services. Motorola's copyright complaints policy, which is available here, states how Motorola responds to infringement complaints.
11. LINKS TO THIRD-PARTY APPLICATIONS AND SERVICES
Motorola may access account and other personal information held by the providers of Third Party Services in order to enable you to access Third Party Services on your Device and that MOTOROLA MOBILE SERVICES may store that information on Motorola servers in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you if you use the Third-Party Services. You understand and agree Motorola is not responsible for these companies or their use of your information. Your use of the Third-Party Services is at your own risk.
You agree to defend, indemnify and hold Motorola, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit or otherwise make available through the Services; (b) your use of these Services; (c) any violation by you of these Terms of Service, MOTOROLA MOBILE SERVICES Licence Agreement or Privacy Statement; or (d) your violation of any rights of another MOTOROLA MOBILE SERVICES user or other third party. You acknowledge that you are responsible for all use of the Services using your account, including any use by Associated Accounts. As such, as used in the foregoing indemnity, "you/your" shall refer to you and all your Associated Accounts, regardless of whether or not such usage is expressly authorised by you. This obligation shall survive the termination or expiry of these Terms of Service and/or your use of these Services.
Motorola may assign the Agreement, in whole or in part, at any time with or without notice to you. You may not assign the Agreement, or any part of it, to any other person. Any attempt by you to do so is void.
14. GENERAL INFORMATION
The Agreement constitutes the entire contract between you and Motorola governing your use of MOTOROLA MOBILE SERVICES and Motorola Services, superseding any prior agreements between you and Motorola relating to your use of MOTOROLA MOBILE SERVICES and Motorola Services. If any provision of these Terms of Service is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms of Service. The failure of Motorola to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
By using MOTOROLA MOBILE SERVICES and the Services, you agree that the statutes and laws of the United States and the State of Illinois will apply to all matters relating to use of MOTOROLA MOBILE SERVICES and the Services without regard to conflicts of laws principles, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois, USA. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
MOTOROLA MOBILE SERVICES and the Services provided pursuant to the Agreement are provided by Motorola Mobility, Inc. In the event of a complaint or concern regarding these Terms of Service or MOTOROLA MOBILE SERVICES, or for more information, please contact Motorola at the following address: Attn Consumer Advocacy Office, 600 US Highway 45, Libertyville, IL 60048. Pursuant to California Civil Code Section 1789.3, if you are a resident of California you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (800) 952-5210.