The purpose of the Site and Service is to provide tools that link content between devices and social networking and other sites including Twitter, Facebook, and others, as well as mobile applications. This Agreement applies to all users of the Site and Service including users who create channels or streams, APIs, or use other services on the Site, Service and Mobile Apps. The Service is accessed by you ("User" or "you") under the following terms and conditions.
Access to the Site and Service
Subject to the terms and conditions of this TOU, MobiTile may offer to provide the Service, as described more fully on the Site, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services MobiTile performs for you, as well as the offering of any materials displayed or performed on the Site or the Service (including, but not limited to text, graphics, images, illustrations, audio clips and video clips, also known as the "Content"). MobiTile may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any feature, database, or content. MobiTile may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
MobiTile will use reasonable efforts to ensure that the Site and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by MobiTile to minimize such disruption where it is within MobiTile's reasonable control. You agree that MobiTile will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Service, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
As a condition to using the Service or in order to create certain statements through the Service, you may be required to supply MobiTile with certain registration information, including registration information for mobile phones, other mobile devices, or third party sites or services you access through MobiTile. You shall provide MobiTile with your own accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your access to and/or use of the Site or Service. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. MobiTile reserves the right to refuse registration of, or cancel a username in its discretion. You shall not use another user's account or any other person's registration information for the Service, any other mobile phones or other mobile devices, or any third party services you access through the Service, without that person's permission.
Any communication by you to MobiTile is subject to this TOU, and you grant to MobiTile all rights to use and incorporate such contents in the Site or the Service or its documentation.
You are responsible for all of your activity in connection with the Service and accessing the Site. You may not use the Site or the Service:
(i) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MobiTile user;
(ii) to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(iii) to run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Service;
(iv) in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(vi) to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which MobiTile is not responsible;
(vii) to sell, lease, share, transfer, or sublicense the Service or derive income from the use of the Service in conjunction with MobiTile APIs or other web services, whether for direct commercial or monetary gain or otherwise, without MobiTile's prior, express, written permission;
(viii) in a product or service that competes with products or services offered by MobiTile.
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MobiTile or from the copyright holder identified in such Content's copyright notice. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
Any comments, suggestions, or feedback relating to the Site or the Service (collectively "Feedback") submitted to MobiTile shall become the property of MobiTile or its designee. MobiTile will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, MobiTile will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not MobiTile, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
MobiTile may elect to provide you with support or modifications for the Service (collectively, "Support"), in its sole discretion, and may change, reduce or terminate such Support at any time without notice to you. MobiTile reserves the right to charge fees for Support.
MobiTile reserves the right to charge fees for use of or access to the Site or the Service. The Service stipulates pay use of certain optional Service features, on the terms expressly presented on the Site or in Mobile Apps. The deals are processed via in-app purchases feature of Apple App Store.
Users of the Site or Service may gain access to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of MobiTile. MobiTile does not make any representation or warranty whatsoever about any third party site that may be linked to or from the Site or Service.
MobiTile has no special relationship with or fiduciary duty to you. You acknowledge that MobiTile has no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. MobiTile makes no representations concerning any Content contained in or accessed through the Site or Service, and MobiTile will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
MOBITILE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE SITE AND THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND MOBITILE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA.
Limitation of Liability
MOBITILE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MOBITILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MOBITILE BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against MobiTile, and its employees, officers, agents, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Site or the Service. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify MobiTile, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Site or the Service (including anything you develop using MobiTile), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. MobiTile shall use good faith efforts to provide you with written notice of such claim, suit or action.
Use of a Mobile App downloaded through the Apple App Store
(c) You will only use the Mobile App in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App;
(e) In the event of any failure of the Mobile App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile App;
(f) You acknowledge and agree that MobiTile, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Mobile App;
(g) You acknowledge and agree that, in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, MobiTile, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) Both you and MobiTile acknowledge and agree that, in your use of the Mobile App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and