When you provide Submissions to MobiArt, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise
transmitting your Submissions on or to MobiArt, you grant MobiArt (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide,
non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate
it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit
any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
Other than Submissions you provide to MobiArt, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, "MobiArt Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to MobiArt, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all MobiArt Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of MobiArt or the respective owners. MobiArt reserves all rights not expressly granted to you. If you download, print or display any MobiArt Content for personal use, you must retain all copyright and other proprietary notices.
Content Submissions and Website Policies
Representations About Content You Provide. When you provide any Submissions to MobiArt, you understand and accept complete responsibility for your S ubmissions, including any and all consequences that may arise. As such, you represent and warrant that you:
-own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize MobiArt to make use of these Submissions in the manner contemplated by the Service and these Terms of Service;
-have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for MobiArt to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service.
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to MobiArt Submissions of any kind that is, within the sole discretion of MobiArt, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
- infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
-promotes the infringement of copyright or other third party rights, e.g., providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
- contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
- is offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
- is libelous or defamatory or promotes information that you know is false or illegal;
- violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
- solicits information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- is pornographic or sexually explicit or contains nudity;
- exploits or attempts to exploit people in a sexual or violent manner;
- disparages MobiArt or any third party;
- is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
- involves the transmission of any unsolicited mass mailing including but not limited to "junk mail", "chain letters" and "spam";
- contains restricted or password only access pages;
- contains video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
- sells, promotes or encourages the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drugparaphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
- is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
Website Policies. In addition, agree to adhere to all of the following guidelines and requirements:
- No Commercial Use. The Service is only for personal use of its members only and may not be used in connection with any commercial endeavors unless explicitly approved by MobiArt in writing. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on MobiArt, including within personal member profiles, without explicit written authorization of MobiArt;
- No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to "robots", "spiders", "offline browsers" or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
- No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause MobiArt to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
- No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18, or to obtain any telephone numbers, street addresses, last names, URL's or email addresses;
- No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
- No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile;
- No Unauthorized Linking or Framing. Should you wish to link to MobiArt, you agree that you: (i) will not replicate the Service's content; (ii) will not frame or border environment around any of the Service's content; (iii) will not misrepresent any relationship with MobiArt or imply that MobiArt is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about MobiArt on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of MobiArt's own content submissions policy. Despite these prohibitions, Submissions and/or websites that link to MobiArt that may violate these Terms of Service may be available on the Service and MobiArt assumes no responsibility or liability. If you become aware of such Submissions, please contact MobiArt by clicking the "Report Abuse" link on the appropriate web page.
Violations of Intellectual Property Rights and Terms of Service
Provided with proper notification and documentation, MobiArt will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. MobiArt assumes no responsibility for monitoring the Service. In the event MobiArt chooses to review any Submission (such review is solely within MobiArt's discretion), MobiArt assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, MobiArt may remove any Submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. MobiArt will terminate a member's account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity. MobiArt reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
Claims of Copyright Infringement
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to MobiArt requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- sufficient identification of the allegedly infringing material;
- sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
- the complainant's name, address, telephone number and, if possible, email address;
- a written statement by the complainant of 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 by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send MobiArt a counter-notice. All notices with respect to MobiArt should be sent to the MobiArt Copyright Agent. MobiArt suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that MobiArt shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA. MobiArt's designated Copyright Agent to receive notifications of claimed infringement is:
MobiArt Inc. Email: email@example.com