Mobile Business Briefing - Terms & Conditions

MOBILE BUSINESS BRIEFING TERMS-OF-USE AGREEMENT

GSM MEDIA LLC, A WHOLLY OWNED SUBSIDIARY OF GSMA LIMITED AND A GROUP COMPANY OF THE GSM ASSOCIATION ("GSMA"), WELCOMES YOU TO MOBILE BUSINESS BRIEFING. GSM MEDIA PROVIDES THIS SERVICE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS ("TERMS").

THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSM MEDIA AND YOU, AND YOU ACCEPT THEM BY: (a) SUBSCRIBING TO THE SERVICES; (b) ACCESSING OR USING THE SERVICES IN ANY MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS BY CLICKING ACCEPT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT CLICK "I ACCEPT" BUTTON OR USE THE SERVICES.

Description of Services

Mobile Business Briefing (referred to below as "MBB") is the GSMA's FREE global daily news service. It is dedicated to covering the key issues critical to determining operator strategies and new mobile business models.

It has global scope and distribution and covers broad industry developments. The editorial team provides high quality, independent content in a concise format, without the need for external navigation or extensive scrolling. It is your primary source for essential intelligence shaping tomorrow's mobile world. ("Services").

Independence Pledge

Mobile Business Briefing delivers:

• Global scope and broad industry coverage

• An easily digestible format, minimising the need for external navigation and extensive scrolling by the reader. The newsletter summarises the top stories of the preceding 24-hour period in the form of a short overview of each story written by the editor

• Top stories based on their impact on the business models of operators and the mobile value chain

• Content from commissioned content aggregators. The editor may also source content from free, publicly available services

• Truth and accuracy - MBB will strive to be as accurate as possible in reporting industry developments of major significance. Accuracy is critical to the success of the newsletter. The newsletter will seek to ensure that content accessible through the service is well sourced, based on sound evidence, and presented in clear, precise language

• Editorial integrity, impartiality and independence - MBB will deliver an unbiased approach to news and will be objective and even handed in its approach to a subject. The newsletter will, without bias, consider the publication of content encompassing all manner of industry viewpoints. It is imperative that the MBB adopts a neutral stance in all its reporting, and is not seen to be either for or against any particular issue.

Editorial Independence

• The editorial views expressed in the publication will be solely those of the author(s) and will not necessarily reflect the views of the GSMA, its Members or Associate Members

• The GSMA does not permit any of its editors to own any financial position, including shares of stock, stock options, warrants, short positions or any other equity position, in any private or public company that is the subject of any editorial content published in the MBB service

• The newsletter's editors are obligated to refuse any content submission from any third party that they reasonably believe may be interpreted by the offeror to place the editorial staff under any obligation of any kind to the offeror

• From time to time, the MBB newsletter may publish editorial content regarding the products or services offered by a company with which the newsletter engages in a marketing, sponsorship, advertising or other business relationship. Under no circumstances is such editorial content the result of any directive, suggestion or idea provided to the newsletter by any of these companies

• Editorial Panel - A group of carefully selected recipients and GSMA staff will be invited to attend regular editorial panels to guide the subject matter and maintain relevance. The Independence Pledge will be amended as and when necessary to reflect any actions from such meetings.

Eligibility

By subscribing to MBB, You hereby warrant that You are of legal age and of sound mind. If You are subscribing to MBB on behalf of your employer or other third party, You represent and warrant that You are authorized to accept these Terms on your employer's or third party's behalf, and that your employer or third party agrees to indemnify You and GSM Media for violations of these Terms.

Ownership

Use of this MBB does not grant You any rights to use the name of the GSM Media, its affiliates or any logos or trademarks. The Services and associated material provided through MBB, including all images, designs, photographs, writings, graphs, data, or otherwise are the property of GSM Media and are protected by international copyright, trademark, trade secret, or other proprietary rights.

MBB is designed to help you find news information that resides on sites not owned or controlled by GSM Media. GSM Media retains all intellectual property in MBB and the Services. When you link to a news story on a third party website, ownership of content contained on said websites are that of the relevant website owner.

You may only display the content of the Service for your own personal and non-commercial use and You may not otherwise copy, modify, reuse or create derivative works provided through MBB.

Term and Termination

This agreement is effective until terminated by GSM Media, at any time without notice. In the event of termination, You are no longer authorized to access or use the Services or any material therein. You agree that GSM Media shall not be liable to You or any third party for any termination of your access to the Services.

Accuracy of Content Disclaimer

Whilst every care has been taken to ensure that the data in this publication is accurate, MBB cannot accept and hereby disclaims any liability to any party to loss or damage caused by errors or emissions resulting from negligence, accident or any other cause.

You acknowledge and agree that GSM Media, its affiliates and their respective employees, officers, agents, contractors and the like have no control over, and owe no duty to take any action regarding: which users gain access to the Services; what effects the Services may have on you; how you may interpret or use the Services; or what actions you may take as a result of having been exposed to the Services. You release GSM Media and its affiliates and their respective employees, officers, agents, contractors and the like from all liability for you having acquired or not acquired data through MBB.

Hyperlink Disclaimers

As a convenience to You, we may provide on this site links to websites operated by other entities (collectively the "Linked Sites"). If You use any Linked Sites, You will leave MBB. If You decide to visit any Linked Site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by GSM Media. The content, accuracy, opinions expressed and other links provided by Linked Sites are not endorsed by GSM Media and are only provided for your convenience. Neither GSM Media, nor any GSMA affiliate, operate or control in any respect any information, products or services on these third-party sites.

Advertisements and Promotions

GSM Media runs advertisements and promotions from third parties on MBB. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GSM Media found on or through MBB, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. GSM Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GSM Media advertisers through MBB.

Privacy Policy

In order to provide You with the Services, it is necessary to collect and use certain personal information. Details of said collection; use and your associated rights thereto are found in MBB's Privacy Policy. The terms of the Privacy Policy are incorporated herein and You (on your own behalf and duly authorised on behalf of any third party whose information You provide) acknowledge that You have read, understand and agree to the Privacy Policy. If You have any question with respect to the Privacy Policy or collection or use of your personal information in general, please contact us at database@gsm.org

Cookies

When You visit a website associated with MBB we may store some information (commonly known as a "cookie") on your computer. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about You. In this regard, please review our cookie policy which sets out the purposes for which we use cookies and how they can be disabled.

No Warranty/Limitation of Liability

MBB AND THE SERVICES ARE PROVIDED TO YOU "AS IS". GSM MEDIA GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GSM MEDIA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF MBB REMAINS WITH YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSM MEDIA'S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES' OR ITS SUB-CONTRACTORS' NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

Notwithstanding the above, if GSM Media, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like are liable to You for any reason, liability will be limited to the amount paid by You for the Services in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation related to any cause of action You may have with respect to your use of the Services. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.

Indemnification

You agree to indemnify, defend, and hold harmless GSM Media, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Services, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.

Entire Terms

The Terms constitutes the entire agreement between GSM Media and You with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSM Media with respect to the Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to the Terms

The Terms are subject to change without notice. All amended terms shall automatically be effective 30 days from first published in MBB. It is your responsibility to return to the Terms from time to time to review the most current terms and conditions. GSM Media does not and will not assume any obligation to notify You of changes to the Terms. The Terms may not be otherwise amended except in a writing signed by You and us. The Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of the Terms: Ownership, No Warranty/Limitation of Liability, and Indemnity.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement You transmit through this MBB but not limited to any consent You give to receive communications from GSM Media solely through electronic transmission. You agree that when in the future You click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

General

We reserve the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services to which You have registered for. If we exercise our right to withdraw, we may at our option offer You broadly equivalent replacement Services or refund your payment which shall constitute a final settlement discharging any and all liability to You. Notices to You may be made via either e-mail or regular mail. Information sent to you pertaining to the Services may also provide notices of changes to the Terms or other matters, by displaying such notices or by providing links to such notices.

Comments / Suggestions

Any comments or suggestions should be directed to mbbeditor@gsm.org 

Governing Law

The construction, validity and performance of the Terms are exclusively governed by the laws of the state of Georgia (USA), without giving effect to any principles or conflicts of law and the parties submit to the exclusive jurisdiction of the courts of Georgia or the Federal District Court in Atlanta, Georgia. If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and the Terms shall be construed as if the invalidated or unenforceable provision had not been contained.