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Terms of Use

Motorola Mobility Website Terms Of Use

Please read these Terms of Use (“Terms”) carefully before using this web site. If you do not agree to these Terms, then please do not use this web site.

Who this site is for

Motorola Mobility International Sales, registered in the Republic of Ireland under company number 907574 with its registered office at Gordon House, Barrow Street, Dublin 4 and with VAT number GB188906551 ("Motorola" or "we" or "us") provides this web site to you, subject to these Terms. These Terms may be updated by Motorola from time to time without notice to you, but you can review the most current version of the Terms on this page at any time.

This web site under the domain name http://www.motorola.co.uk/ and other Motorola web sites that are linked to this site or affiliated with this site (collectively "the Site") -- and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content") -- is intended for the lawful use of Motorola's customers, employees and members of the general public who are over the age of 18.

You acknowledge that Motorola reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

What you agree to by using the Site

By using the Site you acknowledge that you have read, and agree to be bound by these Terms and agree to comply with all applicable laws and regulations.
You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that you have the legal authority to accept these Terms on behalf of yourself or any party you represent.

The Terms refer to the following additional terms, which you also agree to by using the Site:

  • The Privacy Statement, which sets out the terms on which any personal data collected from you, or which you provide through the Site will be processed. By using the Site you consent to such processing.
  • If you purchase goods from the Site, our Terms of Sale will apply to the sales.

Governing law

By accessing the Site, you agree that these Terms of Use, its subject matter and its formation are governed by English law and the English courts will have jurisdiction over these Terms of Use.

When and how you can use the Content

The unauthorised copying, displaying or other use of any Content from the Site is a violation of the law. You acknowledge having been advised by Motorola that the Content is 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 proprietary rights laws (collectively, "Rights"). In addition to the Rights of Motorola, its affiliated companies within the Motorola Mobility LLC group of companies including any other company under the MOTOROLA brand ("Affiliates") or its licensors, in individual elements of the Content, Motorola, its Affiliates or its licensors may own a copyright in the selection, co-ordination and arrangement of the Content.

You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Terms.

Downloading software

If Motorola grants you permission to download software from the Site, the software --including all code, files, and images contained in or generated by the software, and accompanying data-- is deemed to be licensed to you by Motorola (or the applicable rights holder). Neither title nor intellectual property rights are transferred to you, but remain with Motorola (or its licensor), which owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form except as permitted by law. Motorola, its Affiliates or its licensors do not grant you any permission to use the Content other than the permission expressly stated in these Terms.

All other use of Content from the Site, including, but not limited to: uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Motorola's prior express written consent. All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

How to file a copyright infringement notification with Motorola

To file a copyright infringement notification with Motorola, you will need to send a written communication that includes substantially the following (please seek legal advice or see Section 512(c)(3) of the United States Digital Millennium Copyright Act (DMCA) for more information on these requirements):

  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit Motorola to locate the material. Please provide a URL to the material that is claimed to be infringing as that will allow Motorola to locate the content.
  • Information reasonably sufficient to permit Motorola to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints Attn: Copyright Complaint Process —
Motorola Mobility LLC
222 West Merchandise Mart Plaza, Suite 1800, Mailstop 16.O.19
Chicago, IL 60654
USA
E-mail :copyright@motorola.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Trademarks and service marks

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, neither Motorola (nor its licensor) is granting you a licence to use them in any fashion. Access to this Site does not confer upon you any licence under any of Motorola's, its Affiliates' or any third party's intellectual property rights.

MOTOROLA and the Stylised M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC. All other product and service names are the property of their respective owners. © 2014 Motorola Mobility LLC

No Motorola or Affiliate trademark or service mark may be used as a hyperlink without Motorola's prior written permission.

Intellectual property licences

For products containing MPEG-4 video functionality, please note such products are licensed under the MPEG-4 Visual Patent Portfolio Licence for the personal and non-commercial use of a consumer for (i) Encoding video in compliance with the MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No licence is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.

How we use the non-personal information we collected from you

The collection and use of personal data about you is subject to the Privacy Statement. Any data you send through the Site which does not constitute personal data (within the meaning of the Data Protection Act 1998) will not be deemed to be confidential ("Non-Confidential Information").

For any Non-Confidential Information you do send, post, or submit, you hereby grant Motorola (and its Affiliates), an unrestricted, worldwide, non-exclusive, fully paid, transferable, sub-licensable, royalty-free, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information.

You agree that Motorola and its Affiliates are free to use any ideas, concepts, know-how or techniques that you send Motorola for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you promise that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Motorola will not infringe or violate the rights of any third party.

You acknowledge and agree that you waive any moral (or similar) rights that you may have in respect of Non-Confidential Information, including but not limited to the right to be attributed as the author of the Non-Confidential Information and the right not to have the Non-Confidential Information edited or changed in a way you are not happy with.

Posting to Motorola’s other online properties
Any content posted to Motorola message boards, forums, feedback mechanisms or similar content areas is the sole responsibility of the person supplying the content, and Motorola assumes no responsibility to control such content.

Opinions expressed in Motorola message boards, forums, feedback mechanisms and in any corresponding comments are the personal opinions of the original authors, and not necessarily those of Motorola. All messages posted or submitted to a message board, forums or content areas shall be treated as Non-Confidential Information.

What you can’t post
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Participation in promotions and other site activities

If you choose to use the Site or participate in a promotion or other Motorola-sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to:

  • 1) Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • 2) Harm minors in any way
  • 3) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • 4) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity
  • 5) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • 6) Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  • 7) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • 8) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • 9) Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service
  • 10) "Stalk" or otherwise harass another person or entity; or
  • 11) Collect or store personal data about other users.

You agree that violation of any of the foregoing will result in your immediate disqualification from participation in the Web Site Activity and may result in additional legal actions being taken by Motorola.

Links to third-party web sites

This Site may provide links to other third-party web sites. Motorola makes no representations whatsoever about any other web site which you may access through this Site.

Because Motorola has no control over such sites, you acknowledge and agree that Motorola is not responsible for the availability of such external sites and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, malware, and other items of a destructive nature.

References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services.

Motorola makes no representation or warranty as to any third-party content, products or services, and you agree that Motorola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW MOTOROLA AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. TO THE EXTENT PERMITTED BY LAW ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE OR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT TO THE EXTENT PERMITTED BY LAW WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MOTOROLA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTOROLA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY OR CONDITION.

Limitation of liability

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS THE LIABILITY OF MOTOROLA OR ITS AFFILIATES FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW. TO THE EXTENT PERMITTED BY LAW MOTOROLA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT OR INDIRECT DAMAGES, EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW MOTOROLA'S AND ITS AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT OF £1,000.

Revisions

Motorola may modify, suspend, withdraw or discontinue the Content, in whole or in part, at any time without notice. You agree that Motorola shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Motorola may at any time revise these Terms by updating this posting.

By continuing to use the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current website Terms to which you are bound.

Notices to you

Notices to you may be made via either email or regular mail. Motorola may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Site.

Termination

You agree that Motorola, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Motorola believes you have violated or acted inconsistently with the letter or spirit of these Terms, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

General information

These Terms constitute the entire agreement between you and Motorola and govern your use of the Site, superseding any prior agreements between you and Motorola relating to your use of this Site.

You may also be subject to additional terms and conditions that may apply when you use or purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a Motorola-sponsored Developer Program or service, or use or download software.

If any provision of these Terms is held to be invalid or ineffective by any law, rule, order or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Motorola to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Violations

Please report any violations of these Terms to Motorola at http://motorola.com/feedback

Contact information

Motorola legal entity in charge of the website: Motorola Mobility International Sales

Place of business: Gordon House, Barrow Street, Dublin 4

Registration number and place of registration: Registered in the Republic of Ireland under Company number 907574

Phone number: UK: +44 (0) 870 901 0555

Web Contact Form: https://motorola-global-en-uk.custhelp.com/app/mcp/service

These terms are subject to revision without notice. These terms were last updated on 18-11-2014

© Copyright 1994-2014 Motorola Mobility LLC. All Rights Reserved.