USE OF THE PRODUCTS
Full use of the Products requires Internet access and certain software; may require periodic updates; and may be affected by the performance of these factors. Mobidays Inc. does not guarantee any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee your access to the Products.
Mobidays Inc. reserves the right to discontinue support of older versions of the Product. Mobidays Inc. may or may not support older versions of the Product at it's sole discretion. If a version of the Product is no longer supported then you must apply the most recent upgrade of the Product or discontinue use of the service.
The Products are tools for users to monitor and/or control activity performed on devices upon which the Products have been installed. The responsibility for the usage of the Products lies entirely with the users. Mobidays Inc. is not responsible for the level of usage or limitations defined by the users of the Products. Furthermore, Mobidays Inc. is not responsible in any way whatsoever for any loss of usage time, availability or access on devices being governed or controlled by the Products.
The Services made available may require you to establish an account with the Platform. If required, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You may also be requested to provide a mobile phone number, choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your phone number, user name and password and your account access. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mobidays Inc. immediately of any unauthorized use of your account or any other breach of security. Mobidays Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Mobidays Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
On some parts of our Services or otherwise in connection with your use of the Services, you may be allowed to submit, post or link to content or applications or provide comments for others to see (collectively, referred to herein as “User-Generated Content”). If you submit, post, link to or contribute User-Generated Content, you guarantee, represent and warrant to us that you have all necessary legal rights to submit, post, contribute or link to such User-Generated Content and it does not and will not infringe or violate any law or the rights of any person; you hereby grant Mobidays Inc. a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit, without any restriction or responsibilities to you or any third party, consistent with the purposes and functions of the Services; you are entirely responsible for all User-Generated Content you submit, post, contribute, link to, upload, email, transmit or otherwise make available in any way by or through the Services (collectively “Submissions”); you have the written consent, release or permission of each and every identifiable individual person in the User-Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User-Generated Content in the manner contemplated by the Services and these Terms; and for all User-Generated Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such User-Generated Content, nor do we endorse any User-Generated Content; we do not verify the identity of people using the Services; and we do not undertake any obligation to screen, monitor, edit or review User-Generated Content before it appears on the Services. We do have the right, in our sole discretion, to monitor or remove any User-Generated Content at any time and without notice if we believe doing so will improve the Services. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, you understand that by using the Services, you may be exposed to User-Generated Content that is offensive or objectionable.
CONDUCT OF USERS
If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Products without giving you any notice. In the event that your rights to use the Products are terminated, you will immediately lose access to any information that may be on the system. We can terminate your access to the Products at any time. We may also remove any User-Generated Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT Mobidays Inc. IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Mobidays Inc. reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you. The Platform design and Services are owned by Mobidays Inc. or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Platform and Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of Mobidays Inc.. Except for allowing you to use the Platform and Services for your personal use as set forth in these Terms, when you use the Platform or Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Mobidays Inc. or its licensors. You understand that you have no rights to the Services or any other property of Mobidays Inc. or its licensors except as expressly provided in these Terms.
ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT
Mobidays Inc. takes the protection of intellectual property rights, including copyrights, very seriously. Mobidays Inc. will terminate your access to, or use of, all or any part of the Platform and Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Mobidays Inc. if they have a good-faith belief that their protected works are being infringed. Mobidays Inc. will respond to all such notifications that are sent.
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification to us by sending an email to firstname.lastname@example.org 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 at a single online site are covered by a single notification, a representative list of such works at that site; 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 Mobidays Inc. to locate the material; information reasonably sufficient to permit Mobidays Inc. to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have 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; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
YOU AGREE THAT YOUR USE OF THE PRODUCTS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mobidays Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF. Mobidays Inc. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY THIRD PARTY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Mobidays Inc.’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS BY ANY THIRD PARTY. Mobidays Inc. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR APPLICATIONS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mobidays Inc. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Mobidays Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Mobidays Inc.’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Mobidays Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
GOVERNING LAW & JURISDICTION
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.