The effective date of these Terms of Service is September 1st, 2019.
Terms and conditions
These Terms and conditions govern your access to and use of our website, mobile applications, and any other online services (collectively, the “Services”) provided by Mobeep SAS or its legal affiliates (“Mobeep”, “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user.
You understand that we may revise and update these Terms and conditions from time to time in our sole discretion. Where appropriate, we may seek to provide advance notice before updated Terms become effective. You agree that we may notify you of the updated Terms by posting them on the Services (such as on our website), and that your use of the Services after the effective date of the updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms. It is your responsibility to check the Terms and conditions posted on the Services periodically so that you are aware of any changes, as they are binding on you.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with Mobeep and meet all of the eligibility requirements in these terms.
I. PROHIBITED USES
You agree not to use or access any of the Services:
- In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the US or other countries).
- To post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities.
- Attempting to deceive or exploit anyone in any way, such as by exposing them to inappropriate content, asking for personally identifiable information, including, without limitation, your or any other person’s social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- To create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation
- To impersonate, attempt to impersonate, or falsely imply that you are associated with Mobeep, a Mobeep employee, Mobeep’s URL or domain name, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- Use the Services in any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm the Mobeep or users of the Services and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature.
- To circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; remove identification, or other proprietary notices; or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
- To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper.
II. YOUR RESPONSIBILITIES
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Mobeep prohibits the creation of accounts for anyone other than yourself, and you agree that you will not create an account for anyone other than yourself, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients. You also represent that all information you provide or provided to Mobeep upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You are responsible for keeping your password secret and secure.
- You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Mobeep is not responsible or liable for the conduct of any user. Mobeep reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
III. USER CONTRIBUTIONS
- The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Contributions”) on or through the Services.
- You represent and warrant that:
- You own or control all rights to the User Contributions posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms and conditions
- You will pay for all royalties, fees, and any other monies owed by reason of User Contributions you post on or through the Services
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Mobeep, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
- User Contributions will be considered non-confidential and non-proprietary. Furthermore, the Internet may be subject to breaches of security and the submission of User Contributions or other information may not be secure.
- It is in Mobeep’s sole discretion to share, reproduce, publish, or post through the Services any User Contributions submitted by you or on your behalf.
- Mobeep does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that Mobeep is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- Mobeep is not a backup service and you agree that you will not rely on the Services for the purposes of storing User Contributions. Mobeep will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Contributions.
IV. INTELLECTUAL PROPERTY RIGHTS
- The Services contain content owned or licensed by Mobeep, including name, logo, text, images, audio/visual works, icons and scripts (“Mobeep Content”). Mobeep Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Mobeep, Mobeep owns and retains all rights in Mobeep Content and the Services.
- You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Mobeep Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Mobeep Content without the prior written permission of Mobeep.
V. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Modify or terminate the Services for any reason, without notice, at any time, and without liability to you.
- Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and conditions.
- Upon termination, all licenses and other rights granted to you in these Terms and conditions will immediately cease.
- Force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor content, User Contributions, or accounts containing materials that we determine in our sole discretion violates these Terms and conditions.
VI. LINKING TO THE SERVICES
- You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
- The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms of Service.
- We may disable any social media features and any links at any time without notice in our sole discretion.
VII. LINKS ON OUR SERVICES
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
VIII. SERVICES CONTENT
- We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- Although it is Mobeep’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- Mobeep reserves the right to remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Mobeep, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
IX. VIRTUAL ITEMS
Our Services may enable you to acquire certain virtual items. This includes, for example, sounds, ringtones, virtual currency, points, or similar virtual items (together “Virtual Items”). You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.
Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise, and is limited to your right to use the Services for non-commercial entertainment purposes. You may not re-sell or trade any Virtual Items.
Please note that if you remove and reinstall Mobeep on a new device, you may lose your in-app purchases, including any Virtual Items.
X. DOWNLOADS THROUGH ONLINE STORES
If you download Mobeep through an online store such as the iTunes App Store or the Google Play Store, you will be asked to agree to the relevant online store terms which will also apply in addition to these Terms and conditions. You should read these online store terms carefully.
If you make any in-game purchases, then the relevant online store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online store provider. You should contact the online store provider directly if you have any payment related issues with in-game purchases. In-game purchases may include paid subscriptions to special features. These features are subject to change, and certain features may be discontinued or temporarily unavailable. Subscriptions are non-transferable and may not be terminated during an active subscription period for a refund.
XI. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
Mobeep respects the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact Mobeep at contact (@) mobeep (.) app or by mail at: 1 rue du bois de boulogne 92 200 Neuilly-sur-Seine, Fance.
XII. GEOGRAPHIC RESTRICTIONS
Mobeep is based in France. If you access the Services from outside France, you do so on your own initiative and are responsible for compliance with local laws.
XIII. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent permitted by the applicable law, mobeep offers the services “as-is” and makes no representations or warranties of any kind concerning the services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or noninfringement.
Mobeep does not warrant that the functions or content contained on the services will be uninterrupted or error-free, that defects will be corrected, or that Mobeep’s servers are free of viruses or other harmful components through use or downloading material from the services.
Mobeep does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.
Your use of the services and its content is at your own risk. Except to the extent required by applicable law and then only to that extent, in no event will Mobeep, its employees, officers, directors, affiliates or agents (“the Mobeep parties”) be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the services (or the termination thereof for any reason), even if the Mobeep parties have been advised of the possibility of such damages.
Mobeep does not endorse, approve or verify any posted content on the services and the Mobeep parties shall not be responsible or liable whatsoever in any manner for any content posted on the services (including claims of infringement relating to content posted on the services, for your use of the services, or for the conduct of third parties whether on the services or relating to the services.
You agree to indemnify and hold harmless the Mobeep Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms and conditions. You also agree to indemnify and hold harmless the Mobeep Parties from and against any and all claims brought by third parties arising out of your use of the Service and the Content you make available via the Service by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
XV. GOVERNING LAW AND JURISDICTION
Where permitted under the applicable law, you and Mobeep agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Mobeep agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
XVI. WAIVER AND SEVERABILITY
No waiver of by the Mobeep of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Mobeep to assert a right or provision under these Terms and conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and conditions will continue in full force and effect.
XVII. ENTIRE AGREEMENT
XVIII. YOUR COMMENTS AND CONCERNS
Please direct questions or concerns regarding these Terms of Service or the Services to Mobeep at contact (@) mobeep (.) app or by mail at: 1 rue du bois de boulogne, 92 200 Neuilly-sur-Seine, France.