PapayaMobile Terms of Service

By accessing the PapayaMobile website ("Site") or using the services (including the executable software) offered by Papaya ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services. PapayaMobile reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

1. Usage License

PapayaMobile grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. PapayaMobile reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

Subject to all of the terms of this License, you may, without making any payment to PapayaMobile give exact copies of PapayaMobile products personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of services, using tangible media of any kind or via e-mail; distribute exact copies of PapayaMobile products for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and make as many exact copies of PapayaMobile Products as you wish, for purposes of distribution as described above. For purposes of the foregoing, an "exact copy" of PapayaMobile Product means a file that is identical, at the time you create the copy, to the PapayaMobile distribution file available at http://www.papayamobile.com.

You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from PapayaMobile. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of PapayaMobile.

PapayaMobile reserves the right to revoke any or all distribution rights at any time, for any or no reason.

All rights of any kind in PapayaMobile which are not expressly granted in this Terms of Services are entirely and exclusively reserved to and by PapayaMobile. PapayaMobile is protected by the Chinese copyright laws and other applicable national and international laws and treaties.

2. Indemnification

At your own expense, you shall indemnify, defend, and hold harmless PapayaMobile, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of PapayaMobile other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

3. Intellectual Property (Trademarks & Copyrights)

PapayaMobile, the PapayaMobile logo and the PapayaMobile design are trademarks or trade dress of PapayaMobile, and may not be used without express written permission from PapayaMobile, other than for attribution. All other trademarks not owned by PapayaMobile that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PapayaMobile.

PapayaMobile-originated content included on the Site and the Services, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of PapayaMobile and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any PapayaMobile-originated content is permitted without written permission from PapayaMobile.

4. No Warranty and Limitation of Liability

PapayaMobile provides the site and services "as is " and without any warranty or condition, express, implied or statutory. PapayaMobile specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any expenses from the mobile internet data usage or any damages that arise from such use. Under no circumstances shall PapayaMobile be liable for any direct, indirect, special , incidental, consequential or punitive damages or cost of any kind, or any other damages whatsoever(However arising, including by negligence), including without limitation, damages related to use, misues, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the nonperformances therof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not friendfeed has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with friendfeed shall be to terminate use of this site and services.