Mobli Media Inc., on behalf of itself and all of its affiliates and subsidiaries, including, but not limited to, Mobli Technologies 2010 Ltd. (collectively, “Mobli” or “we”) offers and operates the Mobli App, www.mobli.com, and other websites Mobli may create (collectively, the “Mobli Websites”), and any other features, content, or applications Mobli may offer from time to time in connection with the Mobli Websites (collectively, the “Mobli Services”).
The Mobli Services provide a real-time, visual-media platform made up of subject-based channels such as people, places, and topics. The Mobli Services enable Users (as defined below) to see the world through other people’s eyes!
Registered Members (as defined below) can collect, organize, live-stream, and share Content (as defined below) including photos, videos, location information, and other information as permitted by the Mobli Services.
Mobli may stop (permanently or temporarily) providing all or any portion of the Mobli Services (or any features of the Mobli Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Please read these Terms carefully. If you do not agree to be bound by the Terms, you should stop using the Mobli Services immediately. You agree to and accept the Terms when you:
Some Mobli Services may require you to download software or content and/or agree to additional terms and conditions which are expressly incorporated into these Terms. You may request a copy of any applicable Terms by emailing: email@example.com.
We may modify the Terms at any time and any modifications shall be effective upon posting. You agree and accept any modifications when you use the Mobli Services after posting of such modifications. You should review the Terms from time to time. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms shall apply to any dispute that has arisen between you and Mobli prior to such revision.
Mobli reserves the right to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Mobli Services, at any time and without any liability to you. Mobli reserves the right to moderate Content (as defined below) on our platform and may modify Content at Mobli’s sole discretion, but nothing in these Terms requires Mobli to modify or remove any User content from the Mobli Services.
Mobli further reserves the right to modify headers or titles to any uploaded User content or change the channel designation of any User content, at any time and without any liability to you, but nothing in these Terms requires Mobli to undertake such actions.
Use of and Membership in the Mobli Services is void where prohibited. By using the Mobli Services, you represent and warrant that:
The Mobli Services are hosted in the United States.
The Terms shall remain in full force and effect while you use the Mobli Services or are a Member. You may terminate your Membership by following the instructions on the My Dashboard page. Mobli may terminate your Membership at any time, without warning and without any liability to you except as expressly set forth in these Terms. Even after Membership is terminated, the following provisions of these Terms will remain in full force and effect: Your Promises to Us; Member Disputes; Limitation on Liability; Dispute Resolution; Indemnity; and Other.
You acknowledge that Mobli reserves the right to charge for the Mobli Services and to change its fees from time to time, upon written notice via the Mobli Websites. If Mobli terminates your Membership, you shall not be entitled to any refund of any subscription fees except at Mobli’s discretion.
When you sign up to become a Member, you will also be asked to choose a username and password. You agree to maintain the confidentiality of your password and not disclose it to others. You agree not to use the account, username, trademark, or password of another Member at any time. Mobli reserves the right to terminate access to the Mobli Services by any User whose username violates a third party’s trademark or may mislead or confuse other Users. You agree to notify Mobli immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for use of your account prior to any disabling of your account by Mobli following receipt of notice of suspected unauthorized use. Mobli reserves the right to refuse service and/or terminate a username in its sole discretion.
You may not use the Mobli Services for any commercial or non-personal purpose without Mobli’s express written permission. The Mobli Services are evolving, and are generally intended for personal use and limited commercial use. If your use undermines our ability to offer the Mobli Services we reserve the right to terminate your account or otherwise limit your activities on Mobli at any time in our sole discretion and without any liability to you.
Unauthorized framing of or linking to the Mobli Websites is prohibited.
In addition to termination of membership, Mobli reserves its rights to pursue appropriate legal action for any illegal or unauthorized use of the Mobli Services, including through the disclosure of User activity to legal authorities, as permitted by law or these Terms.
Illegal and/or unauthorized use of the Mobli Services, including collecting names, usernames, email addresses, and/or phone numbers of Users by electronic or other means for the purpose of sending unsolicited email or any other communications is prohibited.
“Content” includes text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials made available or posted on or through the Mobli Services, including, but not limited to, material that is live streamed through the Mobli Services.
Content you post and your license to us.
You keep your rights to your Content. Mobli does not claim any ownership rights in the Content that you display, live-stream, or publish (“Posting”), you are simply granting Mobli a non-exclusive license as set forth in these Terms. After Posting, you continue to retain any rights you may have in such Content, and you continue to have the right to use your Content in any way you choose.
You grant us a license to your Content. By Posting any Content on or through the Mobli Services, you grant to Mobli an unrestricted, assignable, sublicensable (through multiple sublicensees), revocable (except as limited below), royalty-free license throughout the universe, to communicate to the public, reproduce, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works from, and otherwise use and reuse your Content (or any portions or derivative works thereof), through any and all distribution channels and devices, whether now known or hereafter created, including for purposes of advertising, marketing, and promoting the Mobil Services, and to authorize any third parties to do the same with your Content, provided such third parties are engaging in such activities, solely for non-commercial purposes. This means that your license grant to Mobli in these Terms authorizes Mobli to sublicense other Users of the Mobli Services, to use and exploit your Content for personal and non-commercial purposes. This may include, by way of example and not limitation, the reposting of your Content on third party websites and even the printing of any photographs that you upload, either on a personal printer or through a commercial film processing company. In contrast to other social media and sharing services, no third party is authorized by Mobli to use your content for any commercial purposes, and you retain all private causes of action you may have against such third parties.
Notwithstanding the immediately preceding paragraph, to the extent Mobli has sublicensed any of your Content to a third party pursuant to the grant of rights set forth in this paragraph, the sublicense granted to such third party shall survive in perpetuity any revocation of your license grant to Mobil and shall be irrevocable. Therefore, even though you may remove any of your Content from the Mobli Services and terminate your license grants to Mobli with respect to such Content, any sublicenses made by Mobli to any third parties with respect to such Content prior to the removal of your Content from the Mobli Services shall survive in perpetuity notwithstanding your removal of your Content from the Mobli Services.
We May Display Ads with Your Content. The Mobli Services may include advertisements, which may be targeted to the Content or information on the Mobli Services, queries made through the Mobli Services, or other information. The types and extent of advertising by Mobli on the Mobli Services are subject to change at any time and without notice. In consideration for Mobli granting you access to and use of the Mobli Services, you agree that Mobli and its third-party providers and partners may place such advertising on the Mobli Services or in connection with the display of your Content or information from the Mobli Services, whether submitted by you or others. Mobli may also use your Content for other advertising and promotional purposes without restriction, including by licensing it to others.
What Your License Means. Without this license, Mobli might be unable to provide the Mobli Services. For example, without the right to modify Member Content, Mobli might not be able to digitally compress and/or resize photos that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Mobli might not be able to allow Users to listen to music Posted by Members. The license you grant to Mobli is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mobli), fully-paid and royalty-free (meaning that Mobli is not required to pay you for the use on the Mobli Services of the Content that you post), sublicensable (so that Mobli is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Mobli Services, and worldwide (because the Internet and the Mobli Services are global in reach).
Your Promises to Us.
You represent and warrant that:
you own all rights in and to the Content posted by you on or through the Mobli Services or otherwise have the right to grant the license set forth in these Terms, and
the posting of your Content on or through the Mobli Services, including by live streaming, does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or require Mobli to obtain any licenses from or make any payments to any third party, including, but not limited to, any sound recording copyright owner, any musical work copyright owner, any featured or non-featured musician or vocalist, any representatives of any of the foregoing, including, but not limited to Performing Rights Organizations (“PROs”).
You agree to pay any or all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Mobli Services and publicly performed, publicly displayed, communicated to the public or otherwise used or exploited.
If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the Content you intend to upload or transmit to or through the Mobli Services, then you must not upload the Content to or through the Mobli Services. In addition, if you only own the rights in and to a sound recording, for example, but not to any underlying musical works embodied in such sound recording, then you must not upload such sound recording to the Mobli Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to sublicense to Mobli according to these Terms.
Specific Rules for Musical Works. If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty free license granted by you to Mobli through these Terms. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty free license set forth in these Terms or have such music publisher enter into these Terms with Mobli. Just because you authored a musical work (e.g., wrote a song) doesn’t mean you have the right to grant Mobli the licenses contained in these Terms.
Live-Streamed Content. The Mobli Services allow you to stream Content live. For the avoidance of doubt, all provisions of these Terms relating to Content, including, but not limited to, this section, and the section entitled “Rules for Content and Activities” will apply in full force to any Content live-streamed for Posting through the Mobli Services.
Confirmation of Rights. Mobli reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in Content you upload to or transmit through the Mobli Services. If you fail to provide us with such confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available on or through the Mobli Services and to suspend or terminate your account with Mobli. Mobli will have no liability to you for any actions taken by it pursuant to this section.
Mobli Content. The Mobli Services contain Content of Mobli (“Mobli Content”) or its licensors. Mobli Content is protected by copyright, trademark, patent, trade secret, and other laws, and Mobli or its licensors own and retain all rights in the Mobli Content and the Mobli Services.
License to You. Mobli hereby grants you a limited, revocable, nonsublicensable, nonassignable, royalty free license to reproduce and display the Mobli Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Mobli Websites and using the Mobli Services.
The Mobli Services Contain Content of Users and Other Mobli Licensors. Except for your Content, you may not reproduce, copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, communicate or sell any Content appearing on or through the Mobli Services except that you may view such Content in connection with accessing the Mobli Services to the extent authorized by us or other Members. If you download any Content not owned by you, you are strictly liable for any use of such Content not authorized by these Terms, including the redistribution of such Content to third-party social media sites. For example, if you upload Content to a third-party social media site, you are responsible for ensuring such upload is subject to these Terms and not superseded by such third-party’s terms of service. Notwithstanding the previous sentence, embedding links to Content on third-party sites shall not be considered a violation of these Terms.
There are no implied license grants in these Terms to you.
Offensive Content May Be Deleted and Membership Terminated and Other Actions May Be Taken Including Law Enforcement Referrals. Mobli may delete any Content that in the sole judgment of Mobli violates this Agreement or which may be offensive, illegal, harm, threaten, or violate the rights or the safety of any person, or harm the reputation of Mobli, or its officers, directors, employees, investors, or affiliates. Mobli reserves the right to investigate and take appropriate legal action against anyone who, in Mobli’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities. A more extensive list of prohibited Content and Activities appears below.
Mobli is Not Responsible for Content. Mobli assumes no responsibility for monitoring the Mobli Services for inappropriate Content or conduct. If at any time Mobli chooses, in its sole discretion, to monitor the Mobli Services, Mobli nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Content is not necessarily reviewed by Mobli prior to Posting and does not necessarily reflect the opinions or policies of Mobli. Mobli makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You understand that the Mobli Services may expose you to information that is offensive, indecent, or objectionable. We do not have any obligation to monitor, nor do we take responsibility for Content made available by Users of the Mobli Services. You agree that you will evaluate, and bear all risks associated with the use of any Content available on or through the Mobli Service, including any reliance on the accuracy, completeness, usefulness or legality of such Content. You understand that when using the Mobli Services, you will be exposed to Content from a variety of sources, and that Mobli is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Mobli with respect thereto. Mobli does not endorse any Content or any opinion, recommendation or advice expressed therein, and Mobli expressly disclaims any and all liability in connection with Content.
You Are Responsible for Content You Post. You are solely responsible for the Content that you Post on or through any of the Mobli Services, and any material or information that you transmit to other Members and for your interactions with other Users. Mobli does not endorse and has no control over the Content. You should exercise discretion, good sense, and sound judgment when Posting Content, including when live streaming any Content that you may think is ephemeral in nature. Therefore, we strongly recommend that you think before you Post any Content. Once something is Posted to the Mobli Services, whether it is a live stream, photo, song or otherwise, we cannot guarantee that it will not live in perpetuity online, and Content Posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You must not Post any Content to the Mobli Services that you consider to be confidential or proprietary.
Reporting of Content. If you locate any Content on or through the Mobli Services that you find offensive or objectionable, you may report such Content to Mobli by sending an email to firstname.lastname@example.org. If you believe any Content is infringing of your intellectual property rights, please report such Content pursuant to our Copyright Policy as set forth in these Terms.
Prohibited Content. The following is a partial list of the kind of Content Mobli Services prohibits. You agree not to Post Prohibited Content, including by live streaming. Mobli may remove or block (but undertakes no obligation to remove or block) any of the following Prohibited Content, as well as any Content that, in Mobli’s sole discretion, is similar to such Prohibited Content. Mobli reserves the right to terminate immediately the account of any Member who uploads Prohibited Content, without notice and without any liability to you. Prohibited Content includes, but is not limited to, Content that:
is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides telephone numbers, street addresses, last names, or email addresses of individuals without their expressed permission;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal-identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
a live stream of any third party content (e.g., professional sports or pay-per-view content).
Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the Mobli Websites and through your use of the Mobli Services. Mobli reserves the right to terminate immediately the account of any Member who engages in Prohibited Activities, without notice and without any liability to you. Prohibited Activities include, but are not limited to, the following:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the Mobli Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Mobli Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
covering or obscuring the banner advertisements on any Mobli page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Mobli Services or the networks or services connected to the Mobli Services;
attempting to impersonate another User or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your Mobli membership;
using any information obtained from the Mobli Services in order to harass, abuse, or harm another person;
displaying an advertisement in your Content, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Mobli Services on behalf of that person, such as sharing commercial Content, posting blogs with a commercial purpose, selecting a username with a commercial purpose;
posting any content obtained on or through the Mobli Services to any third party sites or services without Mobli’s express written permission or as specifically permitted by the functionalities of the Mobli Services operating as intended without any circumvention of any protections or limitations built into the functionality; provided that in all instances Mobli is identified as the source of the content and any identifying marks in such content are retained when such content is posted or made available on any third party sites. Any deletion of Mobli as the identifying source of content obtained on or through the Mobli Services shall be a material breach of these Terms and may subject you to liability;
using the Mobli Services in a manner inconsistent with any and all applicable laws and regulations; or
USING ANY CONTENT OBTAINED FROM THE MOBLI SERVICES AND MOBLI WEBSITES FOR ANY COMMERCIAL PURPOSE WITHOUT THE EXPRESS WRITTEN CONSENT FROM THE MEMBER WHO OWNS SUCH CONTENT.
Mobli respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Mobli Services.
Mobli’s intellectual property policy is to (1) remove Content that Mobli believes in good faith or upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Mobli Services, and (2) remove any Content posted to the Mobli Services by “repeat infringers.” Mobli considers a “repeat infringer” to be any User that has uploaded Content to the Mobli Services and for whom Mobli has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Content. Mobli has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Mobli’s own determination.
Procedure for Reporting Claimed Infringement. If you believe that any Content made available on or through the Mobli Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mobli to locate the material;
Information reasonably sufficient to permit Mobli to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information.Mobli’s Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: email@example.comVia U.S. Mail:
Keren Orian (+1-646-837-7563)
Mobli Media, Inc.
2220 Nostrand Avenue
New York, NY 11210
Counter Notification. If you receive a notification from Mobli that material made available by you on or through the Mobli Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Mobli with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Mobli’s Designated Agent through one of the methods identified in Section 4 immediately above, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Mobli] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Mobli reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section should be sent to the Designated Agent at firstname.lastname@example.org or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Mobli, the operation of the Service or any other matter should be sent to email@example.com.
You are solely responsible for your interactions with other Mobli Members. Mobli reserves the right, but has no obligation, to monitor disputes between you and other Members.
Accuracy of Content. Mobli is not responsible for any incorrect or inaccurate Content posted on the Mobli Websites or in connection with the Mobli Services, whether caused by Users of the Mobli Services or by any of the equipment or programming associated with or utilized in the Mobli Services.
Links. Content created and posted by Members on the Mobli Websites may contain links to other websites. Mobli is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by Mobli. Inclusion of any linked website on the Mobli Services does not imply approval or endorsement of the linked website by Mobli. When you access these third-party websites, you do so at your own risk.
Advertising. Mobli takes no responsibility for third-party advertisements which are posted on this Mobli Website or through the Mobli Services, nor does it take any responsibility for the goods or services provided by its advertisers. You rely upon third-party advertisements at your own risk.
Users. Mobli is not responsible for the conduct, whether online or offline, of any User of the Mobli Services. Mobli assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
Technical Issues and Injuries. Mobli is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mobli Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Mobli Services. Under no circumstances shall Mobli be responsible for any loss or damage, including personal injury or death, resulting from use of the Mobli Services, attendance at a Mobli event, from any Content posted on or through the Mobli Services, or from the conduct of any Users of the Mobli Services, whether online or offline.
Services Provided As-Is. THE MOBLI SERVICES ARE PROVIDED “AS-IS,” AND AS AVAILABLE, AND MOBLI EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No Fitness for Particular Purposes. Mobli cannot guarantee and does not promise any specific results from use of the Mobli Services. The Mobli software that may be installed on Users mobile phones may cause the Users’ mobile phone battery charge to drain more rapidly and may increase Users’ mobile data usage. Mobli is not responsible for any damage to equipment.
Phone or Other Charges. Users are solely responsible for all phone or related charges incurred because of using the Mobli service and software. Downloading or using the Software is at your sole risk.
IN NO EVENT SHALL MOBLI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MOBLI SERVICES, EVEN IF MOBLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE MOBLI SERVICES OR PERSONS YOU MEET THROUGH THE MOBLI SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE MOBLI SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK IN CONNECTION WITH USING THE MOBLI SERVICES, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF PEOPLE YOU MEET THROUGH THE MOBLI SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOBLI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOBLI FOR THE MOBLI SERVICES DURING THE TERM OF MEMBERSHIP. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MOBLI AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MOBLI SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Mobli, to you via any other method available to Mobli, including via e-mail. The Notice to Mobli should be addressed to: Mobli Media, Inc., 45 Broadway Ave., Suite 1110, New York, N.Y. 10006, Attn: CEO (the “Arbitration Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (the “Demand”). If you and Mobli do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mobli may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Mobli, then Mobli will promptly reimburse you for your confirmed payment of the filing fee upon Mobli’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Mobli agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (2) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND MOBLI AGREE THAT YOU AND MOBLI MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
These Terms and your use of the Mobli Services shall be governed by the substantive laws of the State of New York without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Mobli under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you and Mobli hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Mobli seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Mobli or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Mobli, including with respect to any Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and Mobli agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against Mobli must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Mobli may recover attorneys’ fees and costs up to $5,000, provided that Mobli has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree to indemnify and hold Mobli, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees (collectively, the “Mobli Indemnified Parties”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to your use of the Mobli Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Mobli Websites or through the Mobli Services causes the Mobli Indemnified Parties to be liable to any third party. Notwithstanding the foregoing, Mobli reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Mobli Indemnified Parties if the Mobli Indemnified Parties, in their reasonable discretion, conclude that you are not adequately protecting their interests or are incapable of protecting Mobli’s interests, and you agree to cooperate with the Mobli Indemnified Parties’ defense of these claims. You agree not to settle any matter without the prior written consent from Mobli. Mobli will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You may not export or re-export any software accompanying the Mobli Services without (a) the prior written consent of Mobli; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
This Agreement is accepted upon your use of the Mobli Websites or any of the Mobli Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and Mobli regarding the use of the Mobli Services. No statement or communication by any employee or representative of Mobli shall modify these Terms unless such modification is specifically identified and set forth in a writing signed by an officer of Mobli.
The failure of Mobli to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
You consent to receiving electronic communications from Mobli including text messages. These communications may include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobli as a result of these Terms or use of the Mobli Services. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Mobli other than pursuant to these Terms.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Mobli and the Mobli Logo are among the trademarks of Mobli, Inc.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mobli without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
The Mobli iOS application is provided with the following third-party copyrighted software:
The following third party software is governed by the BSD license:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Following Third Party Software is governed by both a New BSD License and the Apple Reachability License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY DONOHO DESIGN GROUP, L.L.C. “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION). HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Apple's Original License on Reachability v2.0
Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Inc. (“Apple”) in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the “Apple Software”), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software.
Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (C) 2009 Apple Inc. All Rights Reserved.
The Following Third Party Software is governed by the Apache 2.0 License:
The following third party software is governed by the MIT license (reproduced above) and the X11 license:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The following third party software is governed by the Matt Gemmel license:
License Agreement for Source Code provided by Matt Gemmell
In consideration of your agreement to abide by the following terms, and subject to these terms, Matt Gemmell grants you a personal, non-exclusive license, to use, reproduce, modify and redistribute the software, with or without modifications, in source and/or binary forms; provided that if you redistribute the software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the software, and that in all cases attribution of Matt Gemmell as the original author of the source code shall be included in all such resulting software products or distributions.
Neither the name, trademarks, service marks or logos of Matt Gemmell or Instinctive Code may be used to endorse or promote products derived from the software without specific prior written permission from Matt Gemmell. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Matt Gemmell herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the software may be incorporated.
The software is provided by Matt Gemmell on an “AS IS” basis. MATT GEMMELL AND INSTINCTIVE CODE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS. IN NO EVENT SHALL MATT GEMMELL OR INSTINCTIVE CODE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MATT GEMMELL OR INSTINCTIVE CODE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following third party software is governed by the simplified BSD License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY JONATHAN WIGHT ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JONATHAN WIGHT OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Jonathan Wight.
The following third party software is governed by a zlib License:
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
The Mobli Android application is provided with the following third-party copyrighted software subject to the Apache License v. 2.0:
Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.