Mobile Defense Terms of Service
Mobile Defense Inc. ("Mobile Defense", "We", "Our") mobile device software applications (the "Mobile Defense Software"), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Mobile Defense (the "Mobile Defense Services" ) are governed by the following terms and conditions.
Before using any Mobile Defense Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the Mobile Defense Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the Mobile Defense registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the "agreement"). If you do not agree to this agreement, then please cease using the Mobile Defense services immediately.
The Mobile Defense services are available for individuals aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the Mobile Defense registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the Mobile Defense service, including all financial charges and legal liability that he or she may incur.
The Mobile Defense services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Mobile Defense services could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that Mobile Defense has offered the Mobile Defense services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Mobile Defense, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Mobile Defense. Mobile Defense would not be able to provide the Mobile Defense Services to you on an economically reasonable basis without these limitations and disclaimers.
Modification of This Agreement
Ownership; Proprietary Rights
The Mobile Defense Services are owned and operated by Mobile Defense. The Mobile Defense Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Mobile Defense Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Mobile Defense Services are the property of Mobile Defense or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Mobile Defense Services are proprietary to Mobile Defense or its affiliates and/or third-party licensors. Except as expressly authorized by Mobile Defense, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Mobile Defense Services are not available to persons under the age of 14 or to any Users suspended or removed from the Mobile Defense Services by Mobile Defense. You agree that the information you provide to Mobile Defense upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
YOU MUST NOTIFY MOBILE DEFENSE IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
Payment Terms; Cancellation and Refund Policy
You agree to pay any fees due for and incurred by your use of the Mobile Defense Services. Any payments and fees for your purchase and use of the Mobile Defense Services may be managed by your mobile operator or Mobile Defense. Please refer to your mobile operator's regular billing statement for charges related to the Mobile Defense Services, and contact your mobile provider directly with any questions or comments related to these fees.
In order to ensure your satisfaction you will receive a one time 30-day money-back guarantee with your paid subscription. If you choose to cancel within the first 30-days, you will receive a full refund. Refunds cannot be issued after 30-days and we do not prorate for partial months.
If you wish to discontinue using the Mobile Defense Services after 30-days, you may cancel your subscription at anytime. Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 14th of every month, and you cancel on the 22nd, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made. Please keep in mind, a cancellation will not generate a refund -- it will only stop future charges.
Usage Rules; Prohibited Conduct and Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use the Mobile Defense Services or any location information displayed within the Mobile Defense Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
- use the Mobile Defense Services if you are under the age of 14 years old;
- include offensive or pornographic materials in your Mobile Defense Services personal profile page;
- use the Mobile Defense Services for any commercial or non-private use, it being understood that the Mobile Defense Services are for personal, non-commercial use only;
- fail to deliver payment for the Mobile Defense Services;
- use the Mobile Defense Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Mobile Defense Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Mobile Defense Services accounts of other Users;
- share Mobile Defense-issued passwords or access to your mobile device while Mobile Defense is running and accessible with any third party or encourage any other user to do so;
- misrepresent the source, identity or content of information transmitted via the Mobile Defense Services;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Defense Services, features that prevent or restrict use or copying of any content accessible through the Mobile Defense Services, or features that enforce limitations on use of the Mobile Defense Services;
- intentionally interfere with or damage operation of the Mobile Defense Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- use the Mobile Defense Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
- use the Mobile Defense Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Mobile Defense Services could lead directly to death, personal injury, or severe physical or property damage.
- attempt to gain unauthorized access to the Mobile Defense Services, or any part of it, other accounts, computer systems or networks connected to the Mobile Defense Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Mobile Defense Services or any activities conducted on the Mobile Defense Service;
- use any robot, spider, scraper or other automated means to access the Mobile Defense Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Mobile Defense Services or modify the Mobile Defense Services in any manner or form, nor to use modified versions of the Mobile Defense Services, including (without limitation) for the purpose of obtaining unauthorized access to the Mobile Defense Services; or
- sell or transfer or allow another person to access your account password, profile, or Mobile Defense Services account.
Usage; Refusal or Suspension of Service
Mobile Defense reserves the right, but has no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, Mobile Defense also reserves the right to disable any user's use of or access to the Mobile Defense Services and the location information or profiles of other users, for any reason and without any notice.
You alone are responsible for your involvement with other Users. Mobile Defense reserves the right, but has no obligation, to monitor disagreements between you and other Users.
Mobile Defense does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Mobile Defense Services.
PLEASE NOTE: MOBILE DEFENSE RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
The Mobile Defense Services allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Mobile Defense to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Mobile Defense Services and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Mobile Defense Services and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Mobile Defense or its business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions.
Mobile Defense assumes no responsibility whatsoever in connection with or arising from User Submissions. Mobile Defense assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Mobile Defense chooses, in its sole discretion, to monitor User Submissions, Mobile Defense nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Mobile Defense does not endorse and has no control over the content of User Submissions submitted by other Users. Mobile Defense makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Mobile Defense reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Third-Party Sites, Products and Services; Links
The Mobile Defense Services may include links to other web sites or services solely as a convenience to Users. Mobile Defense does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Mobile Defense makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mobile Defense Services are solely between you and such advertiser. You agree that Mobile Defense shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Mobile Defense Services.
Parties other than Mobile Defense may provide services or sell products via the Mobile Defense Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Mobile Defense does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if Mobile Defense handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Mobile Defense will have no liability with respect thereto.
End User Licenses
LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Mobile Defense Software you must have a mobile device that is compatible with the Mobile Defense Services. Mobile Defense does not warrant that the Mobile Defense Services will be compatible with your mobile device.
- License Grant. Mobile Defense hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Defense Software as follows: You may use the Mobile Defense Software for one Mobile Defense Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
- Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Defense Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Defense Software to any third party or use the Mobile Defense Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Defense Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Defense Software, features that prevent or restrict use or copying of any content accessible through the Mobile Defense Software, or features that enforce limitations on use of the Mobile Defense Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Defense Software.
- Software Upgrades. You acknowledge that Mobile Defense may from time to time issue upgraded versions of the Mobile Defense Software, and may automatically electronically upgrade the version of the Mobile Defense Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
- Open Source. With respect to any open source or third-party code that may be incorporated in the Mobile Defense Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
- Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Mobile Defense Software or any copy thereof and Mobile Defense or its third party partners, distributors or resellers retain all right, title, and interest in the Mobile Defense Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Mobile Defense reserves all rights not expressly granted under this Agreement.
GOVERNMENT END USERS. If this Mobile Defense Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Defense Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
EXPORT CONTROL. The Mobile Defense Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Defense Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Defense Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Defense Software and the Mobile Defense Services.
You agree that Mobile Defense, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Mobile Defense Services or use of the Mobile Defense Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Mobile Defense Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Mobile Defense will not be liable to you or any third-party for any such termination. Mobile Defense does not permit copyright infringing activities on the Mobile Defense Services, and reserves the right to terminate access to the Mobile Defense Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mobile Defense may have at law or in equity.
Disclaimers; No Warranties
The Mobile Defense services and any third-party software, services, or applications made available in conjunction with or through the Mobile Defense services are provided "as is" and without warranties of any kind either express or implied. Mobile Defense, and its suppliers partners, distributors and resellers (including without limitation Mobile Defense's third-party wireless operator partners), disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Mobile Defense and its suppliers, partners, distributors and resellers (including without limitation Mobile Defense's third-party wireless operator partners) do not warrant that the functions contained in the Mobile Defense Services will be uninterrupted or error-free, that defects will be corrected, or that the Mobile Defense services or the server that makes them available are free of viruses or other harmful components.
Mobile Defense, and its suppliers, partners, distributors and resellers (including without limitation Mobile Defense's third-party wireless operator partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the Mobile Defense services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Mobile Defense or its suppliers, partners, distributors or resellers) assume the entire cost of any necessary servicing, repair, or correction related to the Mobile Defense services. you understand and agree that you download or otherwise obtain material or data through the use of the Mobile Defense services at your own discretion and risk.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification; Hold Harmless
You agree to indemnify, defend, and hold Mobile Defense, its affiliated companies, and its suppliers, partners, distributors and resellers (including, without limitation, Mobile Defense's wireless operator partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the Mobile Defense Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Mobile Defense Services to meet another User in-person or to locate and attend any offline place or event. Mobile Defense reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will Mobile Defense or its affiliates, contractors, employees, agents, or third-party suppliers, partners, distributors and resellers (including, without limitation, Mobile Defense's wireless operator partners) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the Mobile Defense Services; (c) the Mobile Defense services generally or the Mobile Defense software or systems that make the Mobile Defense Services available; or (d) any other interactions with Mobile Defense or any other user of the Mobile Defense Services, even if Mobile Defense or a Mobile Defense authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall Mobile Defense's total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Mobile Defense services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by you for accessing the Mobile Defense Services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than Mobile Defense and received through or advertised on the Mobile Defense Services or received through any links provided on the Mobile Defense Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that Mobile Defense's liability will be limited to the extent permitted by law.
Digital Millennium Copyright Act Compliance
Digital Millennium Copyright Act Compliance. It is Mobile Defense's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Mobile Defense will promptly terminate without notice the accounts of Users that are determined by Mobile Defense to be "repeat infringers." A repeat infringer is a User who has been notified by Mobile Defense of infringing activity violations more than twice and/or who has had a User Submission removed from the Mobile Defense Service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Mobile Defense Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Mobile Defense's Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Mobile Defense Service are covered by a single notification, a representative list of such works on the applicable Mobile Defense Service;
- Identification of the 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 Mobile Defense to locate the material;
- Information reasonably sufficient to permit Mobile Defense to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Mobile Defense's Designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org For clarity, only DMCA notices should go to the Mobile Defense Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Mobile Defense Customer Support.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
Effective Date, Date Last Modified
Please contact email@example.com with any questions or comments.