This agreement describes the terms by which users may access and use the MoboSquare.
Conditions of access
- These terms describe how to access and use the MoboSquare. This agreement forms a legally binding contract between you and MoboSquare in relation to your use of the MoboSquare. In order to use the MoboSquare, you must first agree to this Agreement by clicking to accept where this option is made available to you. You may not access and use the MoboSquare if you do not accept this agreement.
- In order to use the MoboSquare you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian's permission to use the MoboSquare. On using the service you warrant that you have legal capacity to enter into the agreement.
- You admit to have the skill and the necessary means to access and use the MoboSquare. You also recognize to have checked that the IT configuration contains no virus and that it is in perfect working order.
- You are informed that the MoboSquare is available 24 hours a day and 7 days a week, with the exception of the cases of absolute necessity, issues related to the structure of communications networks or the technical difficulties.
- You agree that MoboSquare may stop (permanently or temporarily) providing the MoboSquare (or any features within the MoboSquare) to you or to Users generally at MoboSquare's sole discretion, without prior notice to you.
- You agree that if MoboSquare disables access to your account, you may be prevented from accessing the MoboSquare, your account details or any files or other Products that are stored with your account.
Conditions of use
- You may use the MoboSquare to browse, locate Products (defined as data files, applications, written text, mobile device software, music, audio files or other sounds, photographs, videos or other images) for your Device. These Products are offered by third-parties not affiliated with MoboSquare. You agree that MoboSquare is not responsible for any Product on the MoboSquare.
- Some Products may be made available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Market.
- You agree to use the MoboSquare only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Products.
- You agree not to access (or attempt to access) the MoboSquare by any means other than through the interface that is provided by MoboSquare, unless you have been specifically allowed to do so in a separate agreement with MoboSquare. You specifically agree not to access (or attempt to access) the MoboSquare through any automated means (including use of scripts, crawlers or similar technologies from time to time) and shall ensure that you comply with the instructions present by the MoboSquare.
- You agree that you will not engage in any activity that interferes with or disrupts the MoboSquare (or the servers and networks which are connected to the MoboSquare). You agree that you will not use any of the Products found on the MoboSquare in a way that interferes or disrupts any servers, networks, or websites operated by MoboSquare or any third-party.
- Unless you have been specifically permitted to do so in a separate agreement with MoboSquare, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the MoboSquare for any purpose.
Intellectual Property
- MoboSquare and/or its licensers are owners or hold the rights on the general structure of the software, the website, the contents of the site, namely in particular texts, images, moving pictures, handwritings, and in a general way any creation broadcasting on the website.
- Any reproduction, representation, modification, publication, transmission of the website or its contents, whatever process it is, and whatever support it is, is strictly forbidden.
- The extraction and the reuse of all or a substantial part, qualitatively or quantitatively, of the contents of a database is strictly forbidden. In the same way the repeated and systematic extraction or reuse of insubstantial parts, qualitatively or quantitatively, of the contents of the database when such operations manifestly go beyond the conditions of normal use of the database are also prohibited under the law.
- The reproduction, use or affixing of trademarks owned by MoboSquare or its affiliates without the prior authorization of MoboSquare or one of its representative are prohibited and every counterfeiter could be held liable in the terms of the articles L.713-2 and L.713-3 of the Intellectual Property Code.
Export restrictions
- Products available on the MoboSquare may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Products ("EXPORT LAWS"). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Products to any country to which a license is required under the Export Laws without first obtaining a license.
Indemnification
- To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless MoboSquare, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the MoboSquare, including your downloading, installation, or use of any Products, or your violation of these Terms.
Termination
- These Terms will continue to apply until terminated by either you or MoboSquare as set out below.
- If you want to terminate these Terms, you may do so by ceasing your use of the MoboSquare and any Products downloaded from the MoboSquare.
- MoboSquare may at any time, terminate these Terms with you if: (i) you have breached any provision of these Terms; or (ii) MoboSquare is required to do so by law; or (iii) MoboSquare decides to no longer provide the MoboSquare.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MoboSquare have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 10.2 shall continue to apply to such rights, obligations and liabilities indefinitely.
Disclaimer of warranties
- You expressly understand and agree that your use of the MoboSquare and any Products downloaded or otherwise obtained through the use of the MoboSquare is at your sole risk and that the MoboSquare is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, to maximum extent permitted by applicable law.
- Your use of the MoboSquare and any Products downloaded or otherwise obtained through the use of the MoboSquare is at your own discretion and risk and you are solely responsible for any damage to your computer system, mobile device, or other device, or loss of data that result from such use.
- To the maximum extent permitted by applicable law, MoboSquare further expressly disclaims all warranties terms or conditions of any kind, whether express or implied including, but not limited to any implied warranties terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, with respect to any Products downloaded or otherwise obtained through MoboSquare.
- None of the Products are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the products could lead to death, personal injury or severe physical or environmental damage.
Limitation of liability
- Subject always to clause 9.2., you expressly understand and agree that MoboSquare and its subsidiaries and affiliates shall not be liable to you under any theory of liability (whether contract, tort including negligence or otherwise) for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the MoboSquare or any other Products downloaded or otherwise obtained from the MoboSquare, including any loss of data, whether or not MoboSquare or its representative have been advised of or should have been aware of the possibility of any such losses arising.
- Nothing in the Terms excludes the liability of MoboSquare, its subsidiaries or affiliates for: (i) Death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which can not be limited by applicable law.
Privacy Policy
- Information you submit to the Service will be available to users of the Service in accordance with the selected privacy settings. Your name and profile picture thumbnail will be available in search results across the Service network This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access all of your information unless they have a relationship to you (follower etc.) that allows such access based on your privacy settings.
- The Service allows you to connect with certain third party services (e.g., Twitter, Facebook and other similar services). When you broadcast information to such third party services, such information is no longer under the control of MoboSquare and is subject to the terms of use and privacy policies of such third parties. .
- User profile information including user name, Twitter account name, Facebook account name, and other information you enter may be displayed to other users to facilitate user interaction within the Service. Users' email addresses will not be directly revealed to other users by MoboSquare, except when the user is "connected" to another user as a Friend.
- As part of the Service, you will receive MoboSquare transactional email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, MoboSquare may send you email and other communication that it determines in its sole discretion relate to your User Submissions. MoboSquare also will use your email to send you update on when your MoboSquare friends check-in, when you receive a new friend request and a MoboSquare newsletter ¨C however, you can opt out of all of these communications on your account settings page.
- Promotional Offers: As part of the Service you may be exposed to offers from MoboSquare on behalf of other businesses. However, in connection with such offers we do not give the other business your location or email address.
- We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of MoboSquare, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
- Non-Private or Non-Personal Information: For clarity, we may share or disclose your non-private, aggregated or otherwise non-personal information, such as the number of users who checked in at a particular app (even if only one did).
General terms
- Modification of the terms
MoboSquare reserves the right to modify at any time the Terms, the features were offered on the MoboSquare or its rules.
The Users who would not accept the new version of the Terms, will have to notify it and, as from the date from which the new version will come into effect, they will have to stop using the MoboSquare.
Besides, MoboSquare reserves the right to propose new services on the MoboSquare.
- Agreement on evidence
It is agreed that, except in the case of obvious errors, the data contained in the Organizer's computer systems shall have evidential force in relation to connection details and information resulting from computer processing concerning the MoboSquare.
- Applicable law and attribution of jurisdiction
The parties undertake to amicably resolve any dispute which may arise during execution of these rules.