Effective Date November 15, 2017
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Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Certain Services are provided to you free of charge, while other Services, including Mobeology All Access (“All Access”), require payment before you can access them. If you choose to subscribe to All Access, please review the provisions of Section 8, in addition to all of the other provisions of these Terms. If you are not a subscriber of All Access, then Section 8 does not apply to you. References to Services throughout these Terms include All Access.
Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Mobeology, Mobeology will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilising any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorised by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Mobeology Communications video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
Some Services may include “Mash-Up Tools” that allow you to manipulate Content or combine User Submissions (as defined in Section 6) with Content to create “Mash-Ups.” The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:
- You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
- You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
- As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.<
- With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
- You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups and you must comply with any other usage or attribution guidelines we provide.
- If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above in Section 4(a) of these Terms.
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
Mobeology Communications respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Mobeology Communications and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
- The User Submission may still exist in our backup copies, which are not publicly available.
- If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
- We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to Mobeology Communications the license above and that your User Submissions do not violate Section 11.
This Section 8 contains additional provisions that apply if you subscribe to All Access.
8.1 All Access Account Information. You can access and edit specific details regarding your subscription to All Access, including information concerning your credit card or other available payment method (“Payment Method”), on the Mobeology.com website at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and then following the link to your All Access account.
8.2 Age Limitations. Individuals under the age of 18 may utilize All Access only with the involvement of a parent or legal guardian. You acknowledge that by using All Access, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in All Access is suitable for you. Some Content may not be suitable for people under the age of 18.
8.3 Supported Devices. To see if All Access is available for your device click here.
8.4 Payment. By providing Payment Method information for your All Access subscription, you are agreeing to pay a monthly or annual subscription fee, as applicable, and any applicable taxes and service fees (“Fees”) in connection with your use of All Access. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 8.9, at the end of your Trial Period, where applicable), and at the beginning of each subscription period renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or All Access is suspended or terminated pursuant to these Terms. If your monthly subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, Mobeology Communications will charge your Payment Method on approximately the last day of such month. For example, if you started your monthly subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month or year-to-year due to changes in your subscription plan or applicable taxes, and you authorize Mobeology Communications to charge your Payment Method for these amounts. Mobeology Communications reserves the right to change the pricing of All Access at any time. In the event of a price change, Mobeology Communications will post the new pricing in All Access and attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your All Access subscription as described in Section 8.6. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Mobeology Communications within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
8.5 No Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 8.6, even if you cancel All Access during a monthly or annual subscription period, as applicable, you will not receive a refund for any portion of the Fees for the remainder of that monthly or annual subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
8.7 Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that Mobeology Communications incurs in collecting any amounts you fail to pay in connection with All Access, including attorney and collections fees; (2) you authorise Mobeology Communications to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your subscription renewal.
8.8 Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, subject to certain restrictions as determined by Mobeology Communications in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
8.9. Trial Period. Mobeology Communications may provide a limited free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. Mobeology Communications reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If Mobeology Communications provides you with a Trial Period, you must provide valid Payment Method information to Mobeology Communications in order to use All Access during the Trial Period. Mobeology Communications will not charge you in connection with the Trial Period. Mobeology Communications may place a temporary charge in a nominal amount on your Payment Method to ensure the validity of the Payment Method, but the temporary charge will be removed promptly. If you do not cancel All Access by the last “day” of your Trial Period, you authorise Mobeology Communications to begin your paying subscription and automatically charge your Payment Method for your first paying monthly or annual subscription period, as applicable, at the end of your Trial Period. Mobeology Communications WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST “DAY” OF YOUR TRIAL PERIOD. A “day” for purposes of these Terms begins at the time you start your subscription (i.e., complete the sign up process), and ends 24 hours later. For example, if you complete your registration at 3:00 p.m. on a Monday in your time zone, and your Trial Period is 2 days, you have until 3:00 p.m. on Wednesday in your time zone to cancel your subscription before your paying subscription will begin. You may only have one Trial Period before you must begin paying for All Access. If you exceed this limit, Mobeology Communications may charge your Payment Method for any Trial Period after the first, or suspend your use of All Access, in its sole discretion.
8.10 Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on All Access) at any time regardless of the number of devices that Mobeology Communications permits you to use with All Access. Mobeology Communications may change the maximum number of simultaneous streams of All Access that you may use at any time in its sole discretion.
8.11 Broadcast and Territory Restrictions. All Access is only available to US-based users. You may only use All Access and its Content in the United States and for your own personal, non-commercial purposes. Certain features and Content may only be available to users in certain locations, during certain periods, and on certain devices, and the availability of certain features and Content may change over time. Please check the All Access FAQ for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for All Access, so you may be unable to access certain features and Content even if you are located in an area in which we intend to provide access. You consent to Mobeology Communications and its third party providers determining your location for purposes of providing All Access. Mobeology Communications will not be liable to you for any blackouts, location-based limitations, device-based limitations, Content-viewing windows, changes in Mobeology affiliate stations, availability of Content, or other restrictions or limitations in connection with All Access or the Content.
8.12 Quality of Service. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. Mobeology Communications makes no representations or warranties about the quality of your watching experience on your device.
8.13 Updates and Testing. Mobeology Communications reserves the right to update and change All Access, including its features and the selection of Content available in All Access, at any time. In addition, Mobeology Communications reserves the right to test various aspects of All Access. Mobeology Communications reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.
8.14 All Access-specific Emails. As part of All Access, Mobeology Communications may send you emails regarding the Content or All Access from time to time. You agree that Mobeology Communications may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive All Access, you agree that you will receive these emails even if you have opted out of receiving other email from Mobeology Communications. If you do not want to receive these types of emails, you may cancel All Access at any time as provided in Section 8.6.
8.15. Subscriptions Obtained Through Third Parties. If you obtain an All Access subscription through a third party distributor that maintains your subscriber account and collects your payments for All Access, that subscription is subject to the distributor’s terms, and the provisions of this Section 8 concerning subscriptions, billing and payment do not apply to that subscription. When you access All Access through a portal provided by such a third-party distributor, and the distributor transmits All Access Content to you, the provisions of this Section 8 concerning access to and delivery of All Access do not necessarily apply, and in the event of a conflict, the distributor’s applicable terms govern.
8.16. Temporary Download and Offline Viewing. Some Mobeology All Access content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”) with certain subscription plans. Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Offline Titles are not be playable outside the United States.
If you accept fee-based Services other than All Access, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this Section 9 apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
Mobeology Communications reserves the right to change the pricing of all Services at any time. In the event of a price change, Mobeology Communications will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered. Billing for all mobile subscription services will be governed by the Mobile_Features section of these Terms (Section 10) unless the terms of the subscription say otherwise.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted.
Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
- Access the Services using any interface other than ours;
- Maintain any link to the Services that we ask you to remove, in our sole discretion;
- Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorised logo or mark, or do anything that could falsely suggest a relationship between the Mobeology Communications or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
- Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
- Interfere with others using the Services or otherwise disrupt the Services;
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Mobeology Communications;
- Engage in unauthorised spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorised automated means to gather data from or about the Services;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
- Access any portion of the Services that we have not authorised you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate this Section 11, Mobeology Communications may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
- Change or discontinue the Services;
- Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
- Remove Content from the Services;
- Restrict, suspend or terminate your access to one or more Services or features thereof; and
- Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Mobeology Communications terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to All Access or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If Mobeology Communications terminates your access to All Access or another paid Service because you breached these Terms, you will not be entitled to any refund.
Mobeology Communications does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is Mobeology Communications’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any Mobeology Communications creative work would be purely coincidental.
You will defend, indemnify and hold harmless Mobeology Communications, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licencors or other representatives and all of their successors and assigns (collectively, the “Mobeology Communications Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorised by you, and claims arising from User Submissions). Mobeology Communications retains the right to assume the exclusive defence and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without Mobeology Communications’s prior written approval.
THE Mobeology Communications PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE Mobeology Communications PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE Mobeology Communications PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE Mobeology Communications PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOUR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
THE Mobeology Communications PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE Mobeology Communications PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILFUL MISCONDUCT). IN NO EVENT WILL THE Mobeology Communications PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO Mobeology Communications FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE Mobeology Communications PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Mobeology Communications PARTIES.
These Terms and all claims as between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, except California’s conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at (888)274-5343, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 17 shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Mobeology Communications a written notice of your claim or we must send a written notice of our claim to you (“Notice“). Your Notice must (1) be sent by certified mail; (2) be addressed to: Mobeology Communications, CL-204, SPR Estate, Sec 82, Faridabad, Haryana, India
Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in Faridabad, Haryana, India. For any non-frivolous Claim that does not exceed $50,000, Mobeology Communications will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than Mobeology Communications’s last written settlement offer communicated before commencement of the arbitration, Mobeology Communications will pay you the greater of $1,000 or the amount of the award.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are an All Access subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.
Sections 6 and 11-18 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.