Terms of Service:
Please read this Agreement carefully before accessing or using the Site. By accessing, browsing or using the Site or any its part, you agree to each of the terms and conditions set forth herein. In case you do not agree to all the terms and conditions of this Agreement, do not access the Site or otherwise use the Services. If these terms are considered an offer by Moboappsfree, acceptance is expressively limited to these terms. You are eligible to use the Site only if you are 16 years of age or older.
1. Your Moboappsfree Account and Site
If you create a blog and/or site on the Site, you are fully responsible for the security of your account and blog, and you are solely responsible for all actions taken in relation to the blog, as well as any activities that happen on or through your account. You must not set the deceptive meta keywords and description for your blog with the intent to trade on the name or reputation of others. Moboappsfree reserves the right to replace or delete any meta description or keyword that it considers to be inappropriate or unlawful, or otherwise likely to cause Moboappsfree liability. In the event of any unauthorized access to your blog, your account or any other breach of security, Moboappsfree must be notified of this immediately. We will not be liable for any acts or omissions by you, including damage of any kind that results from such actions.
2. Responsibilities of Contributors
When managing a blog, posting comments to it, publishing any material or links on the Site, or otherwise providing (or letting any third party to provide) material through the Site (any such material hereafter referred to as “Content”), you assume full responsibility for its content, and any damage resulting from that Content, regardless of its form, which includes, but is not limited to text, images, audio or video files, or software code. Therefore, when you publish Content on the Site, you confirm and warrant the following:
– any further use of the Content published by you will not infringe intellectual property rights, including, in particular, copyrights, trademark, patent rights or trade secrets of any third party;
– if the intellectual property you share on your site, belongs to your employer, you have either (i) received consent of your employer for the publication or distribution of the Content, including, but not limited to any code, or (ii) your employer has given you all rights to the Content;
– you have fully taken into account any third-party licenses with respect to the Content, and have taken all measures necessary to pass to the end users any mandatory terms and conditions;
– the Content does not contain or install any harmful or destructive malware (including, without limitation, computer viruses and worms, Trojan horses, rootkits, backdoors or other malicious software);
– the Content is not a machine or randomly generated (spam), and does not contain unwanted or unethical ads aimed at attracting traffic or increase of search engine rankings of third-party sites, or at furtherance of illegal actions (i.e. phishing), or deceiving of the recipients as to the source of the information (i.e. spoofing);
– the Content does not contain any of the prohibited items (pornography, threats or violence), and the privacy or publicity rights of any third party are not violated;
– you will not use electronic spamming (such as unwanted electronic messages, spam links, mailing lists, other blogs or sites, etc.) for your blog promotion;
– the URL of your blog or its name does not mislead the readers, making them think that you are another company or person; as well as
– you have, for the Content that contains the code, correctly described and/or classified the type, nature, designated use and effects of the software, no matter, if it was required by Moboappsfree or not.
When you submit the Content to be added to the Site, you grant Moboappsfree a global, non-exclusive, royalty-free right to change, adapt, reproduce and publish the Content solely for the purpose of showing, distributing and promoting your blog. If you choose to delete Content, we will take reasonable steps to remove it from the Site, but you must understand that caching or references to your Content can not be cleaned up immediately.
Moboappsfree has the right to, in its sole discretion, (i) reject or remove any Content that, in the reasonable opinion of Moboappsfree, violates any of its policies, or, is in any way malicious or objectionable, or (ii) prohibit or deny access to and use of the Site to any individual or entity, for any reason. In addition, we will have no obligation to refund any previously paid amounts.
3. Our Services
You can choose any product or service available on our Site. Additional payment terms may be included by Moboappsfree in other communications, or depending on the type of service you select. Please note that we do not refund any payments.
By registering with Moboappsfree and creating your account, you agree to pay fees, whether setup or recurring ones. The payments will be charged from the day you start using Services every time before the end of the paid subscription period. Moboappsfree reserves the right to change any terms of payment and fees at any time without prior written notice.
4. Responsibilities of Visitors of the Site
Moboappsfree cannot and does not review all the Content, including software, which is published on the Site, and therefore cannot be liable for the Content, its use or effect. Being the Site’s operator, Moboappsfree does not claim or state that it approves the materials published on the Site, and does not intend to state that such Content is correct, useful or harmless. You are solely responsible for taking the necessary measures to protect yourself or your computer system from viruses, worms, Trojan horses, and other malicious content.
Keep in mind that the Site may contain materials of obscene, offensive or questionable nature, with technical or typographic errors, and other inaccuracies. It may also contain information that violates privacy or publicity rights, intellectual property rights and other proprietary rights of the third party, the copying, downloading or use of which is subject to additional terms and conditions, whether they are stated or not. Moboappsfree is not responsible for any harm resulting from the use by visitors of the Site, or from other actions of those visitors, such as downloading content posted here.
5. Your Content on Other Websites
Moboappsfree cannot and does not review all the content, including software, published through other websites and webpages, that link to Moboappsfree.com, or to which Moboappsfree.com links. We have no control over content posted on these sites and pages, and therefore cannot be responsible for the content they publish or use. By linking to webpages or websites that aren’t owned by Moboappsfree, we do not claim or state that we endorse those websites and webpages. You are solely responsible for taking the necessary measures to protect your computer system from viruses, worms, Trojan horses, and other malicious content. Moboappsfree is not responsible for any harm resulting from the use of such websites and webpages.
6. DMCA Policy and Copyright Infringement
Moboappsfree respects the intellectual property rights of others and requests others to respect its intellectual property rights. If you believe that material placed on or linked to by moboappsfree.com, infringes your copyright, you should notify Moboappsfree of copyright infringement in accordance with our Digital Millennium Copyright Act (DMCA) Policy. Moboappsfree will respond to all such notices and, if necessary, remove material that infringes your copyright or disable links to it. We will block the account and access to the Site of any visitor who, under appropriate circumstances, repeatedly infringers copyright and other intellectual property rights. In this case, Moboappsfree will not be obliged to provide a refund of any amounts previously paid to it.
7. Intellectual Property
Under this Agreement, Moboappsfree does not transfer to you any intellectual property, belonging to Moboappsfree or any third party, and Moboappsfree remains the sole owner of all such rights, titles and interest. Moboappsfree’ name, domain, logo and other trademarks, graphics, service marks or logos, used in connection with moboappsfree.com, are trademarks or registered trademarks of Moboappsfree or its licensing authorities. All other trademarks, graphics and logos used in connection with the Site may be the trademarks of third parties. You agree that by using the Site you don’t gain the right or license to copy, reproduce, or otherwise use any trademarks that are owned by Moboappsfree or other third parties.
We reserve the right to place attribution links, such as “Powered by Moboappsfree”, theme author’s name or font attribution in your blog’s footer or toolbar.
9. Products of our Partners
If you activate a product of our partner (e.g. a theme) you hereby agree to that partner’s terms of service. To opt out of their terms of service you will need to de-activate the product, provided by this partner.
Moboappsfree reserves the right, in its sole discretion, to replace, delete, or modify any part of this Agreement. You are solely responsible to check this Agreement periodically for changes. All changes automatically take effect immediately after they are posted on the site. Your continued use or access to the Site after this moment constitutes acceptance of those changes to the Agreement. All new features and/or services offered by Moboappsfree through the Site in the future shall also be subject to this Agreement.
Moboappsfree reserves the right to terminate your access to the Site at any time without prior notice, with or without cause, or immediately if you have violated conditions of this Agreement. In order to terminate this Agreement or stop using your account at moboappsfree.com (if you have one), you may simply stop using the Site. By terminating your use of the Site, you will immediately lose the right to use the Services, and allow Moboappsfree to immediately remove your account.
We shall not be liable to you or any third party for termination of your account, in accordance with this Agreement.
12. Disclaimer Statement
Moboappsfree provides the Site “as is”. Neither we, nor our licensors and suppliers provide (i.e. hereby disclaim) any warranties regardless of whether they are express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Moboappsfree, its licensors and suppliers do not guarantee that the Site will operate continuously, without any interruptions, will be safe and with no errors. You understand and expressly agree that you download from, or otherwise obtain services or content through the use of the Site, at your own risk.
13. Liability Limitations
Moboappsfree, its suppliers or licensors assume no liability with respect to any subject matter of this Agreement, which is associated with any contract, strict duty, negligence or any other legal or equitable theory, with regard to: (i) any damages, whether intentional, consequential or incidental; (ii) the cost of products/services in substitution of the damaged ones; (iii) interrupted use, loss or other distortion of data; or (iv) any amounts that are bigger than the fees paid by you to Moboappsfree under this Agreement within the last year prior to the cause of action. Moboappsfree will not be liable for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Warranty and General Representation
You hereby agree to waive all claims and indemnify to Moboappsfree, its licensing authorities and suppliers, and their respective directors, officers, employees and agents all expenses, including the lawyer’s fees, which arise in connection with the Site, including but not limited to your breaches of terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between you and Moboappsfree on the subject matter hereof. Therefore, it may only be amended at written direction of an authorized executive of Moboappsfree or directly by Moboappsfree by way of posting the amended version. This Agreement, any access to or use of the Site will be governed by the laws of the UK, except in cases where the applicable law, if any, provides otherwise, excluding its law provision conflicts, and the venue for any disputes relating to or arising out of any of the same will be subject to the exclusive jurisdiction of the state and federal courts located in the UK.
Except for claims for equitable or injunctive relief or claims concerning intellectual property rights (which may be solved in any competent court without bond posting), any other claims, proceedings or actions relating to or otherwise arising out of this Agreement, shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with these Rules.
The arbitration shall take place in the United Kingdom, in English language, and the final decision can be enforced by any court. The costs of lawyers’ fees shall be paid by the prevailing party in any action or proceeding concerning this Agreement. If any part of the Agreement is found unenforceable or ineffective, it will be explained to reflect the original intent of the parties, while the rest of the Agreement will remain in full force and effect. The refuse of either party to agree to any term or condition of this Agreement, or any breach thereof, in every single case, by no means will waive such terms or conditions or any following violation thereof.
You may transfer your rights under this Agreement to any other party that agrees to be bound by terms and conditions of this Agreement; Moboappsfree may assign its rights under this Agreement without any conditions.
This Agreement shall act in the interests of the parties and shall be binding upon its successors and permitted assigns.