Terms of Service

1. ACCEPTANCE OF TERMS
The services and websites are owned by Globe Technology Development Limited (Globe) and are accessed by you under the Terms of Service (“Terms of Service”)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. By using GSMS or other services ("Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" - TOS) which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://globedevp.com/tos.shtml.

2. DESCRIPTION OF SERVICE
Globe provides a wide variety of mobile applications, including IP-based text messaging suite GSMS, mobile financial data management tools mBroker, WatchStock, mBulletin and the like.
You understand and agree that
(i) the Service may include advertisements and sponsors to facilitate our on-going development
    and Services.
(ii) the Service may include some communications from Globe such as service announcements
     and administrative messages and that these communications are considered part of our Services
     that you will not be able to opt out of receiving them.
(iii) the Service is provided "AS-IS" and that Globe assumes no responsibility for the
     timeliness, deletion, mis-delivery or failure to store any user communications or personalization
     settings.

You are responsible for obtaining access to the Service, and that access may involve third-party fees, e.g. such as Internet service provider or airtime charges. You are responsible for those fees, including those fees associated with the display or delivery of advertisements.

3.
PERSONAL USE
Services are made available for your personal, non-commercial use only. Globe reserves the right to refuse, suspend and terminate service to anyone at any time without notice for any reason. You may not use the Services to sell a product or service for commercial reasons, such as advertising sales.
If you want to make commercial use of the Services, you must obtain our written prior consent or enter into an agreement. Please contact us for more information.

4. PROPER USE
In consideration of your use of the Services, you declare that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Hong Kong Special Administrative Region (HKSAR) or other applicable jurisdiction. You also agree:
(i)   to provide true, accurate, current and complete information about yourself as prompted in the
     Service's registration procedures and maintain and promptly update any change to keep it true,
     accurate, current and complete.
(ii) that you are responsible for your own communications and for any consequences thereof.
(iii) that you will use the Service and, if applicable, the Client in compliance with all applicable
      local, state, national, and international laws, rules and regulations, including any laws regarding
     the transmission of technical data exported from your country of residence and all United States
     export control laws.
(iv) you shall not, shall not agree to, and shall not authorize or encourage any third party to:
•use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory,
 harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as
 reasonably determined by Globe;
•upload, transmit or otherwise distribute content that infringes upon another party's intellectual
 property rights or other proprietary, contractual or fiduciary rights or obligations;
•prevent others from using the Services; or
•use the Services for any fraudulent or inappropriate purpose.

Violation of any of the foregoing may result in immediate termination of your Services, and may subject you to other legal consequences.

5. USER ACCOUNT, PASSWORD AND SECURITY
To use our services, you will set up a use ID and/or Fellow ID and a password after successful activation.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
Please ensure that you exit from your account at the end of each session.
You agree to immediately notify us of any unauthorized access of your password or account or any other breach of security.

6. MODIFICATIONS TO SERVICES
Globe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part of the Services with or without notice. You agree that Globe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

7. TERMINATION TO SERVICES
You agree that Globe may, under certain circumstances and without prior notice, immediately terminate your account and access to the Services for causes listed but not limited to:
• breaches or violations of the TOS or other incorporated agreements
• requests by law enforcement or other government agencies,
• a request by you (self-initiated account deletions),
• discontinuance or material modification to the Services or any part of the Services,
• unexpected technical or security issues or problems,
• extended periods of inactivity,
• engagement by you in fraudulent or illegal activities, and/or
• nonpayment of any fees owed by you in connection with the Services.

Further, you agree that all terminations shall be made in Globe’s sole discretion and that Globe shall not be liable to you or any third party for any termination of your account or access to the Services.

8. GLOBE'S PROPRIETARY RIGHTS
You acknowledge and agree that
(i) the Services and any necessary software and applications used relating to the Services contain proprietary and confidential information that is protected by intellectual property and other laws.
(ii) content contained in sponsors, advertisements or information through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
(iii) you do not modify the software or applications in any manner or form, nor to use modified versions of the software or applications for the purpose of obtaining unauthorized access to the Services.
(iv) Globe may or may not pre-screen Content, but that Globe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services.
Globe grants you a personal, non-transferable and non-exclusive right and license to use the Services, software and applications; provided that you do not and do not allow any third party to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software and applications.

9. PRIVACY POLICY
We do understand your concern about privacy. Please visit our Privacy Policy for details.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) USE OF THE SERVICE IS AT ITS OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONES AND OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA, AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
(ii) GLOBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.
(iii) GLOBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, REGARDING:

THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GLOBE SERVICES.

THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN GLOBE SERVICES RESULTS.

THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

THE SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GLOBE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY GLOBE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN GLOBE SERVICES.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GLOBE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM
(i) THE USE OR MISUSE OF AND RELIANCE ON GLOBE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
(ii) WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, LOST PROFITS, OR LOST DATA.
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) THE PERFORMANCE OR NON-PERFORMANCE OF THE GLOBE SERVICES OR ANY INFORMATION OR GOODS THAT APPEARS ON OR IS LINKED OR RELATED TO THE GLOBE SERVICES.
(v) ANY OTHER MATERIAL OR IMMATERIAL MATTER RELATING TO THE SERVICE.

12. NOTICE
Globe may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

13. TRADEMARK AND COPYRIGHT INFORMATION
The names and logos of Globe, Mobile Information Center, MIC, GSMS, mBroker and other applicable names and logos are trademarks that belong to Globe Technology Development Limited. Without Globe's prior permission, you agree not to display or use in any manner.

14. WAIVER AND SEVERABILITY OF TERMS
The failure of Globe to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION
The TOS and the relationship between you and Globe shall be governed by the laws of the Hong Kong Special Administrative Region (HKSAR) without regard to its conflict of law provisions. You and Globe agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong Special Administrative Region (HKSAR)

The section titles in the TOS are for convenience only and have no legal or contractual effect.