MoboUP U.S. Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
1. Acceptance of Terms of Service
BY USING AND/OR VISITING MOBOUP MARKETING LAB, LLC’S (“MoboUP”, “we” or “us”) MOBOUP SERVICE (collectively, including all Content and Services available through the moboup.com domain name, the MoboUP Text Message Service), you accept and agree to be bound by these Terms of Service. MoboUP may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the MoboUP website, moboup.com.The most current version will supersede all previous versions. By continuing to use the MoboUP Service after changes are made, you agree to be bound by such changes.
2. MoboUP Website
These Terms of Service apply to all users of the MoboUP Website, including users who are also contributors of text, image, audio, video or interactive content, information, and other materials or services on the Website. The MoboUP Website may contain links to third party websites that are not owned or controlled by MoboUP. MoboUP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MoboUP will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MoboUP from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MoboUP Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Privacy
Any information that you submit or we collect when you are using the MoboUP Service is subject to the MoboUP Privacy Policy, the terms of which are incorporated into these Terms of Service.
4. Website Access
A. MoboUP hereby grants you permission to use the Website as set forth in this Terms of Service, provided that without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
You will otherwise comply with the terms and conditions of these Terms of Service.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
The technology and the software underlying our Website and the Services is the property of MoboUP, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MoboUP immediately of any breach of security or unauthorized use of your account. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Although MoboUP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MoboUP or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MoboUP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MoboUP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MoboUP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. MoboUP does not promote, recommend or condone use of the MoboUP Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the MoboUP Service during such activities.
5. Intellectual Property
The content on the MoboUP Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MoboUP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever without the prior written consent of the respective owners. MoboUP reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MoboUP Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MoboUP Website or the Content therein. MoboUP and other marks, graphics, logos, icons and service names related to the MoboUP Service are registered and unregistered trademarks or trade dress of MoboUP Marketing Lab, LLC. They may not be used without MoboUP's prior express written permission. All other trademarks not owned by MoboUP that appear in connection with the MoboUP Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MoboUP.
6. Electronic Communications
By using and/or visiting the MoboUP Website, you consent to receiving electronic communications and notices from MoboUP. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. User Submissions
A. The MoboUP Website may now or in the future permit the submission of text, images, audio, videos, interactive or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MoboUP does not guarantee any confidentiality with respect to any submissions. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any User Submission published by you.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MoboUP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MoboUP, you hereby grant MoboUP a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MoboUP Website and MoboUP's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MoboUP Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MoboUP Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the MoboUP Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MoboUP all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MoboUP or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MoboUP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MoboUP expressly disclaims any and all liability in connection with User Submissions. MoboUP does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MoboUP will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MoboUP reserves the right to remove Content and User Submissions without prior notice. MoboUP will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. MoboUP also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MoboUP may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the MoboUP Website, you will be exposed to User Submissions from a variety of sources, and that MoboUP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MoboUP with respect thereto, and agree to indemnify and hold MoboUP, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Third Party Offers
The MoboUP Service may contain links to third party web sites or programs that are not controlled by or affiliated with MoboUP. MoboUP is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.
9. Charges for Using the MoboUP Service
MoboUP currently provides the MoboUP Service to you free of charge. However, when you use the MoboUP Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
10. MoboUP Text Message (SMS) Service
To opt in or subscribe to MoboUP SMS Service, you can register from our website at www.moboup.com. Standard carrier rates apply to all text messages sent to or from the MoboUP text message service. For more information, check your mobile phone service plan or visit your carrier's website.
After you register for the MoboUP SMS Service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from our text message service, visit our website at www.moboup.com to unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website.
11. No Warranty
YOU AGREE THAT YOUR USE OF THE MOBOUP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBOUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOBOUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBOUP WEBSITE. MOBOUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBOUP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBOUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL MOBOUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBOUP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOBOUP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MoboUP from its facilities in the United States of America. MoboUP makes no representations that the MoboUP Website is appropriate or available for use in other locations. Those who access or use the MoboUP Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless MoboUP, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MoboUP Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MoboUP Website.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MoboUP Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MoboUP Website.
15. Disputes
A. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND MOBOUP arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the MoboUP Service, MoboUP's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
B. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the MoboUP Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
16. Right to Terminate
MoboUP reserves the right in its sole discretion to terminate or restrict your use of the MoboUP Service, without notice, for any or no reason whatsoever.
17. General
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and MoboUP with respect to the subject matter hereof.
18. Contact Us
If you have any questions about these Terms of Service or the download and/or use of the MoboUP Service, please contact us at:
MoboUP Marketing Lab, LLC
PMB #6348
2711 Centerville Rd. Ste 120
Wilmington, DE 19808
