Terms
of Use
(1)
Introduction
These terms of use
govern your use of our website; by using our website, you accept these terms of
use in full.
If you disagree with these terms of use or any part of these terms of use, you
must not use our website.
(2)
Licence to use website
Unless otherwise
stated, we or our licensors own the intellectual property rights in the website
and material on the website. Subject
to the licence below, all these intellectual property rights are reserved.
You
may view, download for caching purposes only, and print pages from the website
for your own personal use, subject to the restrictions set out below and
elsewhere in these terms of use.
You must not:
(a) republish material from this website
(including republication on another website);
(b) sell, rent or sub-license material from
the website;
(c) show any material from the website in
public;
(d) reproduce, duplicate, copy or otherwise
exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material
on the website; or
(f) redistribute material from this website
[except for content specifically and expressly made available for redistribution
(such as our newsletter).
Where content is specifically made available for redistribution, it may
only be redistributed.
(3)
Acceptable use
You must not use our
website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our
website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan
horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent.
You must not use our
website to transmit or send unsolicited commercial communications.
You must not use our
website for any purposes related to marketing without our express written
consent.
(4)
Limited warranties
We do not warrant the
completeness or accuracy of the information published on this website; nor do we
commit to ensuring that the website remains available or that the material on
the website is kept up-to-date.
To the maximum extent
permitted by applicable law we exclude all representations, warranties and
conditions relating to this website and the use of this website (including,
without limitation, any warranties implied by law of satisfactory quality,
fitness for purpose and/or the use of reasonable care and skill).
(5)
Limitations of liability
Nothing in these terms of use (or elsewhere on our
website) will exclude or limit our liability for fraud, for death or personal
injury caused by our negligence, or for any other liability which cannot be
excluded or limited under applicable law.
Subject to this, our liability to you in relation to
the use of our website or under or in connection with these terms of use,
whether in contract, tort (including negligence) or otherwise, will be limited
as follows:
(a)
to the extent that the website and the information and services on the
website are provided free-of-charge, we will not be liable for any loss or
damage of any nature;
(b)
we will not be liable for any consequential, indirect or special loss or
damage;
(c)
we will not be liable for any loss of profit, income, revenue,
anticipated savings, contracts, business, goodwill, reputation, data, or
information;
(d)
we will not be liable for any loss or damage arising out of any event or
events beyond our reasonable control;
(e)
our maximum liability in relation to any event or series of related
events will be limited to an amount deemed appropriate.
(6)
Indemnity
You hereby indemnify
us and undertake to keep us indemnified against any losses, damages, costs,
liabilities and expenses (including without limitation legal expenses and any
amounts paid by us to a third party in settlement of a claim or dispute on the
advice of our legal advisers) incurred or suffered by us arising out of any
breach by you of any provision of these terms of use, or arising out of any
claim that you have breached any provision of these terms of use.
(7)
Breaches of these terms of use
Without prejudice to our other rights under these
terms of use, if you breach these terms of use in any way, we may take such
action as we deem appropriate to deal with the breach, including suspending your
access to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting your
internet service provider to request that they block your access to the website
and/or bringing court proceedings against you.
(8)
Variation
We
may revise these terms of use from time-to-time.
Revised terms of use will apply to the use of our website from the date
of the publication of the revised terms of use on our website.
Please check this page regularly to ensure you are familiar with the
current version.
(9)
Assignment
We may transfer,
sub-contract or otherwise deal with our rights and/or obligations under these
terms of use without notifying you or obtaining your consent.
You may not transfer,
sub-contract or otherwise deal with your rights and/or obligations under these
terms of use.
(10)
Severability
If a provision of these terms of use is determined
by any court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
(11)
Exclusion of third party rights
These terms of use are for
the benefit of you and us, and are not intended to benefit any third party or be
enforceable by any third party. The
exercise of our and your rights in relation to these terms of use is not subject
to the consent of any third party.
(12)
Entire agreement
These terms of use, together with our privacy policy, constitute the
entire agreement between you and us in relation to your use of our website, and
supersede all previous agreements in respect of your use of this website.
(13)
Law and jurisdiction
These terms of use will be governed by and construed in accordance with United States law, and any disputes relating to these terms of use will be subject to
The full name of our
company is MobiMogul, Inc.
Our registered
address is:
Suite 765
Southfield, MI 48034
You can contact us by
email to legal@mobimogul.com