1. INTRODUCTION. This Internet site (“Site”) operated by D’LangEMobile, LLC (“D’LangEMobile”, “we”, “our” and “us”) is governed by these Terms of Service. The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian. Your continued use of DLangEMobile.com constitutes acceptance of these Terms of Service (“Terms”), which may be modified by us from time to time without notice. The current version of this document will always be available on DLangEMobile.com, and it is your responsibility to review it on a regular basis. By continuing to use this site, you agree to be bound by any future changes published on DLangEMobile.com.

2. AUTHORITY. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.

3. REGISTRATION, PASSWORD AND SECURITY. If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account identification. We may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall D’LangEMobile be held liable to you for any liabilities or damages resulting from or arising out of any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password.

4. PRIVACY POLICY. Please view our Privacy Policy, which explains D’LangEMobile’s practices relating to the collection and use of your information through or in connection with our Site. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms.

5. PRODUCTS AND SERVICES. D’LangEMobile does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable or error-free. It is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In such event, we reserve the right to take any action we deem reasonable and necessary, in our sole discretion, to rectify the error.

6. USE. You agree to use our Site in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, nor will you use our Site to upload, post, email, distribute or otherwise make available any content or use our Site in any manner that:
1. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
2. interferes with others using the Site;
3. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, network, server or communications systems or equipment;
4. uses any device to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
5. creates a false identity for the purpose of misleading others; and/or
6. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site.


7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. D’LANGEMOBILE AND ITS SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2. D’LANGEMOBILE AND ITS SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, OR WHETHER ANY DOWNLOAD FROM THE SITE WILL BE FREE FROM INFECTION OR VIRUSES, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, AND THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.


8. LIMITATION OF LIABILITY
IN NO EVENT SHALL D’LANGEMOBILE, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF D’LANGEMOBILE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200).

9. INDEMNIFICATION. You agree to indemnify, defend and hold harmless D’LangEMobile and its underlying service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, related to your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with D’LangEMobile or your use of our Site. D’LangEMobile reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with D’LangEMobile in asserting any available defenses.

10. TERMINATION/SUSPENSION. You agree that D’LangEMobile may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice.

11. MISCELLANEOUS. D’LangEMobile’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia. You agree that any legal action or proceeding between D’LangEMobile and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Georgia. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. D’LangEMobile may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of D’LangEMobile. You must file any claim or suit related to our Site within one year after it arises.