END-USER LICENSE AGREEMENT (EULA) – Mobiusea
Effective date: 13 October 2020
Please read this End-user License Agreement (the “Agreement”) carefully before using our Site (the “Service”). By using the Service, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this Agreement, do not use the service.
“Mobiusea” means Mobiusea LLC and its vendors, affiliated and related entities.
“Licensors” means any and all of the individuals and business entities that have entered into a license agreement with Mobiusea, or have otherwise licensed to Mobiusea the right to apply, sell, offer for sale, or otherwise use their rights in and to any intellectual property (including but not limited to copyrights, trademark rights and patent rights).
“Mobiusea Images” means the digital images and files, including but not limited to photographs, of consumer products and their associated artwork, trademarks, service marks, other proprietary marks, trade dress, logos, copyrighted designs, packaging, and other materials and distinctive creative elements, that are owned by Mobiusea or are owned by the vendor, the respective brands and are subject to license agreements that permit Mobiusea to treat as if they are owned by Mobiusea.
“Licensors Images” means the digital images and files, including but not limited to photographs, of consumer products and their associated artwork, trademarks, service marks, other proprietary marks, trade dress, logos, copyrighted designs, packaging, and other materials and distinctive creative elements, that are owned by or licensed to Licensors, and are subject to the control of the Licensors.
“Images” means the Mobiusea Images and the Licensors Images.
“You” or “Your” means the business entity and/or individual who has accepted the terms of this Agreement, or who has obtained, copied, or otherwise accessed the Service and/or used the Images. “You” and “Your” also includes the employees, agents, contractors, and other persons permitted to use the Images by You.
“Data” means any and all digital information, including but not limited Images, software, video, audio, documentation, and any and all other electronic data.
1. License. Mobiusea grants You a revocable, non-exclusive, non-transferable, limited license use the services provided by Mobiusea for the purposes provided in the Terms and Conditions and strictly in accordance with this EULA and the Agreement.
2. Changes to this EULA. Mobiusea reserves the right to modify this EULA at any time and for any reason. If Mobiusea makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Mobiusea’s website even if these updated terms appear online at Mobiusea’s website. Your continued use after Mobiusea publishes notice of changes to this EULA indicates Your consent to the updated terms.
3. Intellectual Property. The compilation of all content on this Mobiusea site is the exclusive property of Mobiusea, LLC. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Mobiusea. Some of the products/goods we carry when performing our service include brands we do not own and are owned by our suppliers/vendors or licensors or respective brand owners and are protected by United States and international copyright laws.
4. Digital Millennium Copyright Act. Mobiusea is committed to respecting and protecting the legal rights of copyright owners. As such, Mobiusea adheres to the following notice and take down policy, in full compliance with Sections 512(c) and/or 512(d) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to Mobiusea's designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:
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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Mobiusea's Copyright Agent to receive DMCA Takedown Notices is: Mobiusea, email: info@Mobiusea For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Mobiusea to be authorized to any action, your DMCA Takedown Notice must comply with all of the foregoing requirements.
5. No Included Maintenance and Support. Mobiusea may deploy changes, updates, or enhancements to the Site at any time. Mobiusea may provide maintenance and support for the Site, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice.
6. Acceptable Use. You agree that You will not use or encourage others to use the Service as accessed through Site in a way that could harm or impair others’ use of the Site or the Service.
7. Governing Law. This EULA shall be governed by and construed in accordance with the laws of Texas, USA, where Mobiusea is based in.
8. Liability and Warranties. Except as explicitly noted herein, Mobiusea expressly disclaims all warranties, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, of fitness for a particular purpose, non-infringement of third party intellectual property rights, and any warranty that may arise by reason of trade usage, custom, or course of dealing. The entire risk as to results and performance of the Service is assumed by you, and Mobiusea disclaims all liability associated therewith. In no event will the total liability of Mobiusea in connection with this Agreement or the Service exceed the actual amount received by Mobiusea within the preceding year for the services giving rise to any and all claims.
9. No Illegal Use. Mobiusea services may only be used for lawful purposes and in a lawful manner, and you agree to comply with all applicable laws and regulations. Mobiusea may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your license to use our service without notice.
10. Contact. For any concerns or information regarding this EULA, kindly send an email to email@example.com