Terms


    Service Descriptions

    ramamo offers cell phone users’ and advertisers’ participation in an advertising sponsored service based on permitted marketing. Service members who will receive advertisement are called "Members" and Advertising members who will send advertisements will be called “Advertisers” hereinafter.

    After successful registration, members may receive advertisements, promotions or similar messages on their mobile phone. Messages will be sent in accordance with member’s specified profile to ensure a fit with each personal interest. The Member has to provide his/her mobile number that acts as member’s identity while using the Service.

    Members can invite friends and family to join and benefit from the service. For every advertisement that members receive they will get a direct payment ("Direct Earnings"). For every advertisement that their referrals receive or send they get paid a commission ("Commission Earnings").

    There is no charge or payment to be made by members at the time of registering for the Service. We reserve the right to limit Service enrolment at any time.

    By enrolling and/or using ramamo, Service members and Advertising members agree that they have read and understood this Service Agreement ("Agreement") and that their membership in the Service shall conform to its terms and conditions ("Terms").

    ramamo.com is a website owned by ramamo Inc. The Service is operated by ramamo Inc and therefore this Agreement is between members and ramamo Inc and between advertisers and ramamo Inc. Wherever the term "ramamo" is used in this document it represents the company ramamo Inc and the services provided through ramamo.com.

    Terms of Participation

    Members’ Do's

    By filling out the registration form members are applying to receive a service and they are agreeing to receive advertisements on their mobile phone. No employee-employer relationship is created by such use of the ramamo web site and its services.

    Members agree to only use the Service in a manner that is consistent with the Terms and to comply with all local, state, province, country or regional laws that may be applicable to their use of the Internet, mobile phones, and their membership with ramamo. Otherwise, ramamo may refuse to enroll any candidate.

    Members MUST provide correct and true information about their profile. ramamo has the right to verify the information that members provide. If this information changes, the member must immediately update his/her profile by logging in to ramamo.com.

    Members MUST read the advertisements sent to them. ramamo will send verification messages called "Mobile Confirmation Code" (referred to as MCC in this document) from time to time to check if the member is reading the advertisements sent to them. The member MUST enter MCC when required. If they don't, ramamo reserves the right to downgrade their membership and eventually terminate their membership.

    ONE member - ONE account - ONE Cell phone: Each account can only be associated with one mobile number and vice versa. More than one person cannot use the same cell phone for receiving advertisements. One member cannot have more than one cell phone registered on ramamo. One member cannot have more than one account on ramamo. Service membership and its right to use are limited to one individual per Service account and one email address per Member.

    During sign-up, members will be asked to provide a mobile number. Members must ensure that it is indeed their number. ramamo is not responsible if the mobile number belongs to someone other than the Member. Members personally will be liable in case the actual owner presses charges.

    Members’ Don’ts

    The Member and advertiser give irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through the ramamo Advertising Service.

    Members and Advertisers agree not to:

    - Abuse Service privileges by conduct which is detrimental to the interests of ramamo and other members and advertisers including, without limitation, attempting to earn money in a manner inconsistent with the rules of the Service, having multiple accounts, or attempting to earn money from ramamo through other than legitimate channels. Members agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service;

    - Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);

    - Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

    - Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;

    - Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    - Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;

    - Defame or slander any person, or try to infringe upon any person's privacy rights;

    - Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

    - Interfere with or disrupt the networks connected to ramamo or violate the regulations, policies or procedures of such networks;

    - Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to ramamo;

    - Interfere with another Member's use of the Service;

    - Engage in any other activity that ramamo could believe may subject it to criminal liability or civil penalty or judgment;

    - Reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software directly or indirectly; modify, translate, or create derivative works based on the software/ application; or copy, rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party. As between the parties, the User acknowledges that ramamo and its licensors retain ownership of all propriety applications, software, IP (Intellectual Property), and any portions or copies thereof, and all rights therein;

    - Harm minors in any way;

    - Impersonate any person or entity or falsely state or otherwise misrepresent a Member’s affiliation with a person or entity;

    - 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;

    - "Stalk" or otherwise harass another.

    ramamo

    Members understand, acknowledge, and agree that:

    - ramamo and its licensors retain ownership of all the propriety applications, software, IP (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein;

    - ramamo Advertising Service is a platform that uses SMS push pipes as obtained from SMS aggregators and mobile carriers. While ramamo makes all attempts and ensures that the SMS traffic is routed most efficiently and effectively it has no control over inherent network congestion and delays. ramamo does not and cannot guarantee the timing or even actual delivery of a message;

    - Sender Name can be ramamo for GSM phones or a cell number for CDMA phones. Member’s mobile number will be the pre-pended to the message text. It is Member’s responsibility to provide the correct mobile number when registering and update ramamo whenever there is a change in the status of Member’s mobile number;

    - The number of messages a member or advertise can send or receive is at the complete discretion of ramamo. It can be increased or decreased any time without prior notice;

    - ramamo reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist or an intended recipient has requested that these messages be blocked from delivery to their mobile phone;

    - ramamo reserves the right to block messages from being sent across its network that ramamo considers to be unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable;

    - ramamo can access Member’s account, including the message content;

    - Members permit ramamo to send Member communication via email and/or SMS of any updates, upgrades, notices, or any other information that ramamo deems important for Member to know;

    - ramamo Advertising Service features are without charges from ramamo. But, Member’s mobile phone operator may charge Member for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc.) as a result of using any of ramamo services. Please consult Member’s mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity, etc.;

    - Member are responsible for all actions taken under Member’s account and shall only use or utilize the Site using Member’s own User ID and password. Member must use every effort to keep Member’s password safe and should not disclose it to any other person. Member shall also not permit, either directly or indirectly, any other person to utilize member’s User ID or password. We are not responsible, if any other person misuses the service by logging into Member’s account.

    Member Accounts

    ramamo may refuse to accept any application for membership for any reason.

    Each Member is responsible for maintaining the confidentiality of user name and password, and he/she is fully responsible for all activities that occur in his/her account. Members agree to immediately notify us of any unauthorized use of their password or account or any other breach of security. ramamo Inc cannot and will not be liable for any loss or damage arising from Member’s failure to comply with this section.

    Members shall ensure that the personal profile is up-to-date and accurate. Members agree to promptly notify ramamo of any change in address or personal profile by updating their personal information at the Service Web site.

    Member Referral

    Members can refer other individuals and businesses (“Candidates”) to join as Members or Advertisers of ramamo.

    The number of each Member’s direct referrals is not limited. Members may refer as many candidates as they wish to join ramamo.

    Each Candidate can have only one Member as a Referrer when registering at ramamo. The Referrer will be determined by ramamo based on whose Referral’s email the Candidate responded to or the Referral link the Candidate clicked on to arrive at the ramamo.com website.

    Payments

    Members will receive direct and commission payments based on the posted rates on the service site. Changes to payout rates will be announced to Members through email.

    If a member opts out, Member’s earnings from both direct and referral commissions will be stopped immediately. Members who terminate their Membership would confirm that they have no right to any earnings or ramamo credits that might be left in the account at the time of termination. To join again, the Member has to create a new account.  

    ramamo is not responsible for Member’s taxes. Members are solely responsible for the payment of taxes on all earnings received from ramamo.

    We reserve the right to send Members messages from time to time for which the payout structure will not be applied and no payment would be made. Such messages may include Service system updates; flash bulletins; order confirmations; administrative announcements; special requests, and so on. Such messages may be sent via SMS or email.

    We are under no obligation to provide Member with any particular number of advertisements or any particular amount of money in Direct Earnings or Commission Earnings.

    Account Changes and Termination

    Non-Transferability

    Members are not allowed to share their account with any other individuals. Nor are members allowed to transfer accounts to someone else.

    Member’s membership will terminate immediately in the event of Member’s death. Service accounts are not transferable upon death or otherwise by operation of law.

    Termination of Membership

    ramamo may terminate any Member’s membership at any time immediately with or without cause and prior notice. Member’s right to use of membership immediately ceases upon termination. Termination of an account may lead to full or partial loss of the payouts accumulated prior to termination. Termination of an account is irreversible.

    Member may cancel his/her membership at any time by logging into Member’s account and choosing to cancel the membership. If a Member decides to cancel the account and later wish to re-enroll, a new account number will be assigned. Any previous earnings that went unclaimed when Member cancelled the account will not be credited to Member’s new account should member re-enroll at ramamo. Cancellation of an account is irreversible.

    On cancellation or termination of Member’s account, Member’s profile will be removed from the site and deleted from ramamo servers. Because of the service maintenance methods such deletion may not be immediate, and residual copies of Member’s profile information may remain on backup media.

    Member understands that, on account termination or account cancellation, he/she may still receive messages (which may have been scheduled prior to termination/cancellation) after termination or cancellation. ramamo shall use reasonable endeavors to stop such messages as soon as possible. Member will not be entitled to Direct Earnings and Commission Earnings on such messages.

    ramamo may restrict, modify, or terminate participation in the Service, without liability to Member or any other party, if member or his/her participation violates any law, rule, or regulation.

    ramamo shall be the sole determiner to terminate or disable any membership if it reasonably believes that the Member or Advertiser has violated or acted inconsistently with the rules of the Service or this Agreement, or suspected abuse and fraud. Members understand and agree that disabling membership will result in Member’s inability to redeem and/or earn earning. Members understand and agree that termination of membership shall be final and binding and will result in the cancellation of all of Member’s earnings.

    Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Service, Member’s only recourse is to immediately discontinue participation in the Service and properly cancel the membership.

    Indemnities and Liabilities

    Disclaimer of Warranties

    Member expressly understand and agree that:

    Member’s use of the service is at Member’s sole risk. The service is provided on an "as is" and "as available" basis. ramamo and its officers and employees 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 and non-infringement.

    ramamo and its employees make no warranty that the quality of any products, services, information or other material purchased or obtained by member through the service or through the Service Advertisers or partners will meet Member’s expectations. No advice or information, whether oral or written, obtained by Member from ramamo or through or from the service shall create any warranty not expressly stated in the terms of use.

    Any material downloaded or otherwise obtained through the use of the service is accessed at Member’s own discretion and risk, and Member will be solely responsible for any damage to Member’s computer system or loss of data that results from the download of any such material.

    Limitation of Liability

    ramamo Inc shall not be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the participation or inability to participate in the Service, nor ramamo Inc would be responsible for damages or losses that result from use of information, services, or merchandise provided by Advertisers or other Members.

    Member agrees to indemnify and hold ramamo and its employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of Member’s use of the Service, Member’s connection to the Service, Member’s violation of the Terms, content Member submits, posts to or transmits through the Service or Member’s violation of any rights of another or issues related to any failure, delay or interruption of the Service.

    Member acknowledges and agrees that ramamo Inc neither endorses the contents of advertisements nor assumes responsibility or liability for the accuracy infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

    To the maximum extent allowed by applicable law, neither ramamo nor its officers or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to member "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of services, merchantability, fitness for a particular purpose, or non-infringement. ramamo disclaims all liability, regardless of the form of action, for the act of other Members, or users including unauthorized users, or hackers of the service.

    ramamo shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of the Service, the ramamo website, any content available on the ramamo website, any downloads from the ramamo website.

    ramamo shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Service generally, and any aspect ancillary thereto; the User agrees to indemnify ramamo for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.

    The categorization of ad interests is subject to change and it is at the sole discretion of ramamo. The relevance of an advertisement to an ad interest category is at the sole discretion of the Advertisers. ramamo is not responsible or liable for any misrepresentation on the part of the Advertisers nor is it liable for illegal, fraudulent or obscene advertisements. However, ramamo will take utmost care and work diligently to ensure that the advertisements are relevant, timely and legal.

    ramamo does not make any warranties or representations that the ramamo website shall be available at all times. Users acknowledge that the ramamo website may be unavailable due to updates or other causes beyond the reasonable control of ramamo, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

    Though ramamo shall take all reasonable caution about the quality and accuracy of content available from the ramamo website, ramamo does not make any warranties or representation that the content available shall in all cases be true, correct or error free.

    The User acknowledges that ramamo cannot guarantee the availability of the Service at all times and all locations.

    The User expressly acknowledges and agrees that the use of the Service is generally at his own risk and that the Advertising Service is being provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied.

    Member’s correspondence with or participation in promotions of Service Advertisers and Partners, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and the Advertiser or Partner. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal, replacement or modification of any offer or promotion.

    Proprietary Rights to Content

    Member acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by ramamo or ramamo’s Advertisers), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by ramamo, its Advertisers and Partners, as the case may be.

    Except as expressly authorized by ramamo or Advertisers, each Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Miscellaneous

    This agreement takes precedence over any Do-Not-Call list Member might enroll yourself in. If Member wants ramamo to stop sending advertisements to you, Member must select the opt-out option provided in the site or cancel Member’s ramamo membership account. Enrolling yourself in any do-not-call list of any institution or company has no impact or influence whatsoever on the advertisements Member receives from ramamo.

    TERMS and the relationship between Member and ramamo shall be governed by the laws of Canada without regard to its conflict of law provisions. Member and ramamo agree to submit to the personal and exclusive jurisdiction of the courts located within Canada.

    This Agreement constitutes a complete and exclusive understanding between ramamo and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation.

    Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ramamo in writing.

    If any part of these Terms is unenforceable (including any provision by which ramamo excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.

    Modifications

    ramamo reserves the right to change this Terms document. It is Member’s responsibility to check this document periodically for any changes or modifications and Member must not rely on e-mails as a sole source of information regarding this agreement or Member’s membership. Member’s continued use of ramamo constitutes an affirmative acknowledgement by Member of the Terms and any subsequent modifications made to it and Member’s agreement to abide and be bound by the Terms document in its modified form.

    We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to Member or any third party should we exercise our right to modify or discontinue the Service.

    By enrolling for the Service, User explicitly agrees to update ramamo whenever there is a change in the status of his/her mobile number.

    Service Privacy Policy

    ramamo promises to maintain the privacy of Members’ personal information. The full extent of ramamo’s commitment can be found in ramamo Privacy Policy. By enrolling and using the Service, Members agree to be bound by the terms of the Privacy Policy.

    Notices

    All notices given by ramamo to Members will be given by email or by general posting on the Web site.

    ramamo Inc.

    Last Updated: January 7, 2013