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Terms of Service
Please Read These Terms Carefully Before Using this Service

 

The contents on this website (the "site") are provided by Content.mobi as a service to its customers. By using this site, you agree to these terms. If you do not agree to them, do not use the site or access the service from it.

 

Acceptance of Terms

 

This Service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website (the “Site”) by Content.mobi (collectively, the "Terms"). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Use apply to all users of the content.mobi site, including visitors and users who are also contributors of content, information and other materials or services on the site.

 

The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from content.mobi Services, transmit, receive or exchange data or communicate with the content.mobi Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the content.mobi Services, for any purpose whatsoever.

 

Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Content.mobi resources and services.

 

The Service

 

The Content.mobi website including all content (“Content”) available through the content.mobi domain name, the "Site") is owned and operated by content.mobi LLC.

 

This is a web based service accessible by computers, mobile phones and other devices. Presently, we do not charge any subscription or process fees for the services on the Site. For mobile devices, however, Messaging & Data charges may apply.

 

The Site provides users with access to resources, including but not limited to content hosting and sharing services. It is designed to allow Users to easily upload, download, store, and share user generated content such as images and videos. Software applications and games and other digital content are also provided to download on the Site, these may be supplied by other third party vendors. The services offered by Content.mobi also include; user-generated and uploaded text messages, comments, profiles and discussion forums, search tools, geographic position ling, mapping, content editors, links to partner and third party sites, and links to sites made available by the users. Users may also follow other Users or Content, or share the uploaded Content or other information with others through twitter.com, facebook.com or other social network and other sites. The Content.mobi Services are hosted in the United States.

 

You also understand and agree that the Services may include advertisements and that these advertisements are necessary for content.mobi to provide the Services. You also understand and agree that the Services may include certain communications from content.mobi, such as service announcements, administrative messages and updates.

 

Modifications to the Service

 

Content.mobi reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms Of Service of this agreement shall be effective immediately after they are initially posted on the Site. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Content.mobi shall not be liable to User or any third party in the event that Content.mobi exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms Of Use. You can review the most current version of the Terms at any time at: http://content.mobi/terms.

 

Registration

 

In order to access some features of the Site, you will have to create an account. You must submit a valid email address; select a username and password during the registration process.

 

By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose. The password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Content.mobi immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party.

 

You also represent that you are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction If you provide any information that is untrue, inaccurate, not current or incomplete, or if content.mobi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, content.mobi has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

Privacy Policy

 

We respect your privacy and the use and protection of your Personal Information. Content.mobi collects certain personal information at the time of registration. Such information and data collected by us about Users will be treated as confidential and protected in accordance with our privacy policy. Please see our Privacy Policy for important information and disclosures relating to the collection, protection and use of your Personal Information in connection with your use of Content.mobi Services. You can review the most current version of our Privacy Policy at any time at: HYPERLINK "http://content.mobi/privacy" http://content.mobi/privacy.

 

User Submissions

 

As a registered User, you may submit images, video, text and links to content.mobi; you may ask text based questions that are hosted and displayed on the content.mobi site, review, discuss, and answer questions created by other users; create a profile, comment on questions, follow questions, or tweet your or other User's uploaded questions directly to HYPERLINK 'http://www.twitter.com' HYPERLINK 'http://www.twitter.com' HYPERLINK 'http://www.twitter.com' http://www.twitter.com collectively referred to as 'User Submissions'. As a user, you understand and accept that you are solely responsible for your own User Submissions and the consequences of posting or publishing them.

 

The Content.mobi Website permits the submission of images, videos, text communications, geographic location information, and meta data about capturing devices/camera/images submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Content.mobi does not guarantee any confidentiality with respect to any User submissions despite it not being published.

 

Users may also create a profile, comment on questions, follow questions, or share the uploaded questions and content with others through twitter.com or facebook.com or other social network and other sites.

 

You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, written consents, release and/or permissions of every identifiable individual to use the submissions made by you and authorize Content.mobi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use and will not cause injury to any person or entity.

 

By posting User Submissions to Content.mobi, you hereby grant Content.mobi (and its successors) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable (including any moral right) and transferable license to use, modify, adapt, publish, translate, create derivative works from, reproduce, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the contents of such Submissions (in whole or in part), and/or incorporate it in other works throughout the world in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You grant Content.mobi the right to use the name that you submit in connection with such Submissions, if we choose. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use, as permitted by the Site and under these Terms of Use.

 

You also hereby grant Content.mobi the right to use User Submissions for promoting the Content.mobi site (and derivative works thereof) through any media channels. You also hereby grant each user of Content.mobi a non-exclusive license to access your User Submissions through Content.mobi, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of Content.mobi and under these Terms. You understand that these functionalities may include downloading your User Submission to a computer, mobile phone or other device. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Submissions from Content.mobi.

 

Content.mobi reserves the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement. Content.mobi may advise User to remove such material immediately or may at any time, without prior notice and at its sole discretion remove such User Submissions and/or terminate a User's access for uploading such material which is in violation of these Terms. You acknowledge that Content.mobi may preserve your Submissions and may also disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the content of any Submission violates the rights of third parties.

 

Without limiting the foregoing, Content.mobi reserves the right to use Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Content.mobi is under no obligation to offer you any payment for Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Content.mobi. Content.mobi shall have no duty to attribute authorship of Submissions to you, and shall not be obligated to enforce any form of attribution by third parties.

 

Content.mobi does not endorse any Submissions that may appear on or through the Site and makes no warranties, express or implied, as to their accuracy and reliability. Content.mobi expressly disclaims any and all liability in connection with any and all Submissions.

 

Links

 

Links to other websites provided on this site by Content.mobi, its partners, website Users, or its advertisers, are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever as the result of the presence of such third party sites on our website and your usage of them. Accordingly, we encourage you to be aware when you leave the content.mobi Site and visit any other website, to read the terms and conditions and privacy policy of such website that you visit.

 

User Conduct/Lawful Use

 

User agrees that use of the site is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the contents of its communications through the Service. User agrees to use Content.mobi for lawful purposes only.

 

You agree: 1. to comply with US law regarding the transmission of technical data exported from the United States through Content.mobi; 2. not to use Content.mobi for illegal purposes; 3. not to interfere or disrupt networks connected to the Content.mobi; 4. to comply with all regulations, policies and procedures of networks connected to Content.mobi; 5. not to resell or transfer your access to the service to any third party; 6. not to restrict any other visitor from using the service; 7. to act responsibly, treat other website users with respect and not violate their rights; 8. not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website; 9. not to harvest or collect information about Users of the service without their express consent; 10. not to solicit personal information from any one under the age of 18; 11. not to upload contents that contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 12. not to display unauthorized commercial advertisement on your profile.

 

Content.mobi requires that any information posted by you regarding a company, person, or other entity is truthful and factual. Companies and individuals are protected by law from false claims against them. Negative comments and complaints posted by you could be construed as claims about a company or an individual and may be subject to libel laws. Please verify that all information submitted is accurate and factual.

 

User agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates Content.mobi's rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as 'spamming'), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (6) contains site search/retrieval applications or device or process to download the contents available through the service; (7) impersonates any person or entity, including any of our employees or representatives.

 

If you are found to be involved in any of the afore-mentioned acts of using the service unlawfully, you will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of your account and forfeiture of any fees provided to Content.mobi. Content.mobi also reserves the right to remove such prohibited material without warning or notification to the User.

 

If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to HYPERLINK "mailto:info@content.mobi" info@content.mobi.

 

Content.mobi may find a customer to be using server resources to such an extent that he/she may jeopardize server performance and resources for other customers. In such instances, Content.mobi reserves the right to block such User.

 

Content.mobi reserves the right to delete any User accounts that has not been logged into for 6 month or longer. In case of any violation of these Terms, Content.mobi reserves the right to seek all remedies available by law and in equity for such violations.

 

Limitation of Liability

 

As a condition of use of the Service, and in consideration of the services provided by Content.mobi , User agrees that neither Content.mobi, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Content.mobi will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content.

 

You specifically acknowledge that content.mobi shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

The Site is controlled and offered by Content.mobi from its facilities in the United States of America. Content.mobi makes no representations that the Content.mobi Site is appropriate or available for use in other locations. Those who access or use the Content.mobi Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

As content.mobi does not charge any fee for the use of this service, it shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages, resulting from the use or the inability to use content.mobi services or for cost of procurement of substitute goods and services or resulting from any products or services purchased or obtained or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of user's transmissions or data or failure of the site to store user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if content.mobi has been advised of the possibility of such damages.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances; consequently, some of the above limitations may not apply to user, in whole or in part.

 

Software available in connection with the Content.mobi Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Content.mobi Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

Your Content.mobi account is non-transferable and any rights to your Content.mobi ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

Regardless of any statute or law to the contrary, unless a claim arising out of or related to use of the Content.mobi Services or the TERMS is filed within one (1) year after such claim or cause of action arose, your claim will be forever barred.

 

License

 

The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on Content.mobi website on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Content.mobi in writing or as allowed by any license terms which acquired by Content.mobi or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:

 

Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; Remove any copyright or other proprietary notices from the Materials; Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

 

Disclaimer/No Warranty

 

Content.mobi service is provided as an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall content.mobi be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any user or other third party, and/or; any errors or omissions in any content or for any loss of damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the content.mobi site. Content.mobi does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the content.mobi site or any hyperlinked site or featured in any banner or other advertising, and content.mobi will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. As a provider of interactive services, content.mobi is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area, even if content.mobi has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

Content.mobi further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. Content.mobi may make changes to these materials at any time without notice. Content.mobi makes no commitment to update the Materials. No oral advice or written information given by Content.mobi, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.

 

Content.mobi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Content.mobi Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Content.mobi Services.

 

Indemnification

 

User will defend, indemnify and hold harmless Content.mobi and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.

 

User acknowledges that Content.mobi has no control over the content of information transmitted by User or User’s customers and that Content.mobi does not examine the use to which User or User's customers put the Service or the nature of the information User or User’s customers send or receive. User hereby indemnifies and holds harmless Content.mobi, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or User's users. This indemnification obligation will survive these Terms of Use and your use of the Content.mobi Site.

 

Notices

 

Content.mobi may give notice to you by electronic mail or by conventional mail, or by SMS text message. Notice by Content.mobi shall be effective on the date that Content.mobi makes a good faith effort to reach you. You shall give notice to Content.mobi as stated below. Notice by you shall be effective on the date that Question.mobi actually receives the notice. Content.mobi,

 

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Intellectual Property Rights

 

When you provide Submissions to Content.mobi, you still retain all of your rights of ownership in your Submissions.

 

User acknowledges that content, including but not limited to policy information, text, software, music, sound, images, video, graphics, meta data, geographic information, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by Content.mobi. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Content.mobi. User agrees not to use or divulge to others any information designated by Content.mobi as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes; and may result in termination of the User’s access to the service. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from content.mobi or the specific content’s owner. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes.

 

If you download, print or display any Content.mobi Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Content.mobi name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Content.mobi

 

Through proper notification, Content.mobi will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Content.mobi assumes no responsibility for monitoring the Site. In the event it chooses to do so at its discretion, Content.mobi assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a User submitting inappropriate Submissions. At its sole discretion, Content.mobi may remove any Submission and/or terminate a User’s account for violating any of these Terms of Use at any time and without notic

 

Content.mobi reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of the Terms of Use.

 

No Resale of the Contents/Service

 

User agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to the Site, Service, content, user submissions without the express written consent of Content.mobi.

 

User Disputes

 

Users are solely responsible for interactions with other Users. Content.mobi reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Users.

 

Each of the parties to this Agreement hereby waives any right it may have to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement.

 

Content.mobi respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Content.mobi with the information specified below, by email to: HYPERLINK "mailto:info@content.mobi" info@content.mobi

 

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 upon;

 

A description of where the material that you claim is infringing is located on the site;

 

Your address, telephone number, and e-mail address;

 

A 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.

 

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 Content.mobi Services or the TOS will be permanently barred if such claim is not filed within one (1) year after such claim or cause of action arose.

 

Termination

 

You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Content.mobi has the right to deny an order and/or renewal of service.

 

Any attempt to undermine or cause harm to a Content.mobi server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of - malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them.

 

Content.mobi may terminate user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Content.mobi will be the sole arbiter as to what constitutes a violation of the Agreement.

 

Your Content.mobi account is non-transferable and any rights to your Content.mobi ID or contents within your account terminate upon your death and all contents therein permanently deleted.

 

Termination

 

This Agreement sets forth the entire agreement between you and Content.mobi in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Content.mobi’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.

 

Ability to Accept Terms of Use

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13.

 

Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State Name] without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the state and federal courts located in [Insert Place Name], [Insert State Name].

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