Welcome to mobilize.me. mobilize.me operates mobilize.me services under various top-level domains (mobilize.me, my.mobilize.me, mail.mobilize.me etc.), as well as various sub-domains and aliases of these domains. All websites on which mobilize.me provides mobilize.me Services are hereinafter referred to as "mobilize.me Websites."
These Terms & Conditions shall govern the contract relationship between you and mobilize.me, irrespective of which mobilize.me Website you are registered with or logged on to.
From time to time, mobilize.me may revise these Terms and Conditions, in its sole discretion, by posting updated versions at http://www.mobilize.me/terms or by notifying you by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to http://www.mobilize.me/terms or by your receipt of notification of a change to the Agreement. If you do not agree to the revised terms, you should not use or access the Site or the Services.
Our web based service allows users to automatically create and update websites using existing content of their websites or social media profiles. These sites are hosted by mobilize.me.
To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer.
We do not own nor claim ownership of your content. This is your Content but you give us permission to host your Content on our servers on our service servers. By using our service, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website, and storing it on our servers. This license exists only for as long as you continue to be our customer and shall be terminated only upon receiving written notice from you. You acknowledge that we do not control Content. We do not have the ability to determine the actual owner of content created and/or uploaded to the Website. We reserve the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available to third parties via the Services. Without limiting the foregoing, we shall have the right in our sole discretion to remove any Content that violates this Agreement or is otherwise objectionable.
We recognize that any of your data is extremely important to you, and mobilize.me shall therefore be particularly sensitive in handling such data. mobilize.me shall comply with all applicable legal provisions regarding data protection (United States Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, mobilize.me shall not provide or otherwise disclose any personal data of the User to any third party without authorization.
These types of sites are not allowed on mobilize.me:
Adult: involving nudity in a sexual context, exposed genitalia or adult themes.
Copyrighted Content: music, movies or games that you do not own the rights to
Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook "likes", etc
Phishing: a site meant to trick users into providing their username and password
Illegal Content: content which may be illegal in the United States
Scams: get rich quick, pyramid/MLM, or other dubious schemes
Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page
Injurious Experience: sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
This list is a quick reference and is not meant to be complete. For more specific information, please refer to the Terms below.
In connection with your use of the Site or the Services, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third party services, you are responsible for reviewing and understanding the terms and conditions governing such third party services, and acknowledge that the third party is responsible for the performance of such services.
You are fully aware of the fact that we shall not have any responsibility or liability with regard to any third party services used by you on or through your mobilize.me formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of mobilize.me.
To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data") including among others: your name, email address, company name, field of business and website URL. By using the Services, you agree to:
Provide true, accurate, current and complete Registration Data as prompted by the registration process;
Maintain and promptly update the Registration Data to keep it accurate, current and complete;
Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services;
Log out of the Services at the end of each session using the Services.
Refrain from transferring your user account on the Services to any other party without our prior written consent;
Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data;
Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.
If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
You declare that by providing your Registration Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of our Site, our Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
By using the Services, you agree to pay all associated fixed and subscription fees. We reserve the right to change our prices at any time.
If monthly payments are selected, Service charges are billed each month for the upcoming month's service. No refunds will be given for any days remaining in your current billing cycle.
All fixed fees in connection with our Services, including but not limited to hire-a-pro, are non- refundable and non-cancelable.
mobilize.me Accounts include a 30-day money back guarantee. If you are dissatisfied with the account service for any reason, you can receive a full refund if you cancel your business account within 30 days of activation. Please direct refund requests to firstname.lastname@example.org with the subject line: Refund Request.
In order to publishing your mobile site, you may be required to install in the code of your website a certain section of code that redirects customers to your mobile site ("Redirect Code") when viewing your website on a mobile device. In rare cases, installing Redirect Code incorrectly can cause a website to be impaired, malfunction or function differently.
You understand and acknowledge at the Agreement's Limitation of Liability (Sec. 15) and Indemnification (Sec. 16) apply to all foreseen and unforeseen situations arising from your installation of Redirect Code; in no way shall we be responsible for any claims, liabilities, loss or damages related to installation of Redirect Code
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
mobilize.me is often used by Designers to design websites for a third party. Such use is explicitly permitted under the terms above. Should you design websites for third parties on mobilize.me such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.
You may terminate your Free Service at any time without cause. You may deliver notice of termination using the contact form available on all mobilize.me Websites at any time. The termination notice shall include your registered name and e-mail address.
Business Service shall run for the period selected by you when purchasing the service. After this term, the service will be extended by a term of the same length as the original term, unless terminated in due time by you.
Both parties may each terminate without cause Business Service to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the contact form available on all mobilize.me Websites. Furthermore, the User may deliver termination by sending a letter to us. The termination notice shall include your registered name and e-mail address. Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause. Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft, unauthorized use of your Registration Data, breaches of contractual obligations.
You acknowledge and agree that the Services and Content, including without limitation the Software, the trademarks, service marks and logos contained on the Site ("Marks"), are protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to our homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to our benefit.
THE CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WEDO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
WHATEVER THE LEGAL GROUNDS, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed amount paid by you to us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR SUBSIDIARIES, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defence and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defence of any claim.
WE DO NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON OUR AND OUR CUSTOMER'S WEBSITES, AND WE WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
We respect the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA").
If you believe that any material contained on this Site infringes your copyright, you should notify this Site's Designated Agent listed below with the following information required under 17 U.S.C. -- 512: Name of Designated Agent: Jeff Spicher Full Address of Designated Agent: 162 Northeast Ave, Suite 297 Tallmadge, Ohio 44278 USA Telephone Number of Designated Agent: +1 (877) 763-2237 Email Address of Designated Agent: email@example.com
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgement appears to infringe the intellectual property rights of another person.
This Agreement shall be governed by United States law without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Akron, Ohio, USA.
If any provision of these Terms & Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
If you have any concerns or questions about this Policy, please contact us at firstname.lastname@example.org.