Mobeezo.com and FreeMobiz.com are web sites through which TenPearls, LLC offer
the services to create free and paid mobile websites. By using this service, you
(the “User”) are agreeing to comply with and be legally bound with the
terms of this Agreement (“Terms of Service” or “Agreement”).
This Agreement may change from time to time and all changes to the Agreement shall
be posted here.
The services offered by TenPearls, LLC ("TenPearls" or "us" or "we" or "our") include
the websites at
http://www.Mobeezo.com
and
http://www.freeMobiz.com
as well as any other related websites, toolbars, widgets, or other distribution
channels we may, from time to time, operate (collectively, "Mobeezo.com") and any
other features, content, services or applications offered, from time to time, by
us, or by third party Paid Service providers (collectively, the "Services").
By using the Services, you agree to be bound by these Terms of Service, whether
you are a "Website Creator" (which means that you have registered to utilize our
tools to build a website ("Website")), a "Member" (which means that you have registered
on one of the Mobeezo.com hosted Websites), a "Visitor" (which means that you are
visiting Mobeezo.com or any hosted Website), or an "Application Developer" (which
means that you have been approved to build or deploy your application or anything
else that receives data (an "Application") on Mobeezo.com). The term "User" refers
to a Visitor or a Member or a Website Creator. By browsing or registering with,
creating or using any Website, Application or Service on Mobeezo.com you are agreeing
to these Terms of Service, and these Terms of Service along with any other guidelines
we may post from time to time, such as our Privacy Policy (at
http://www.Mobeezo.com/privacypolicy.aspx)
(collectively, the "Guidelines") will govern your use of the Services. If you do
not agree to these Terms of Service or any of the Guidelines, you must cease use
of the Services.
1. Eligibility and Registration
You agree to be legally bound by this Agreement and adhere to the policies of this
service. You declare that you represent the legal entity, business or individual
that the site is being created for. You declare that you are at least 13 years of
age. You declare that information provided by you during registration is accurate.
You warrant that you are not in violation of any laws for using this service. You
agree that your service may be terminated and/or suspended for failure to comply
with this Agreement.
2. Password
By becoming a Member or Website Creator you will also be asked to choose a password
for your account. You are solely responsible for maintaining the confidentiality
of your password, and fully responsible for all activities that occur under your
account. You agree not to use the account, username or password of another User
at any time or to disclose your password to any third party or do anything else
that might jeopardize the security of your account. You agree to notify us (
http://www.Mobeezo.com/ContactUs.aspx)
immediately of any unauthorized use of your password or account or any breach of
security and understand that we reserve the right to take legal actions against
individuals who misuse accounts and memberships on Mobeezo.com.
3. Fees
Our basic website building and hosting solution is offered to you free of charge.
Our free solution is supported by advertising. You will also have the opportunity
to upgrade your account and purchase optional premium services and additional features
as may be made available by us, Applications, our affiliates or business partners
from time to time.
4. Premium Services
Today, our Premium Services include various options for our Website Creators such
as removing ads from your site, using your own domain name, removing TenPearls promotional
links or images, and the addition of storage space and bandwidth. Current categories
and prices of our Premium Services are described at www.mobeezo.com/pricing.aspx.
All prices are subject to change from time to time. TenPearls may choose to temporarily
change the fees for the Premium Services for promotional or new services, and such
changes are immediately effective when TenPearls posts the temporary promotional
event or new service on Mobeezo.com. Any changes to fees for Premium Services that
are not temporary or promotional will be effective thirty (30) days after we provide
you with notice by posting such changes on Mobeezo.com. The changes shall only apply
prospectively to the Premium Services you've purchased. Unless otherwise stated,
all fees are quoted in U.S. Dollars.
If you purchase Premium Services, including a domain name registration, you also
agree to be bound by the applicable terms and conditions of the Service Agreement
(the “Service Agreement”) of the applicable TenPearls domain name registrar
and hosting provider. The terms of the Service Agreement shall apply to your use
of these Premium Services, including web hosting and domain name registration. To
the extent that any terms of the Service Agreement may conflict with these Terms
of Service, the terms of the Service Agreement shall supersede and apply with respect
to those specific Premium Services.
5. Other Paid Services
In addition to Premium Services, as a Website Creator you may purchase other paid
services (collectively with Premium Services, the "Paid Services") which may be
provided as a one-time transaction or recurring subscription in connection with
an Application or as additional services. Such Paid Services may be provided solely
by us or in collaboration with Application Developers, affiliates or business partners.
You may be presented with additional terms related to a specific purchase before
you confirm such transaction. Those additional terms will also govern that transaction.
Please note that if you enter into a transaction with a third-party, such as by
purchasing an item through a Website hosted on Mobeezo.com, and have a dispute over
the goods or services you purchased, TenPearls will have no liability for such goods
or services. Although we may intervene in disputes between Users concerning payments,
we have no obligation to do so.
6. Payments
You are responsible for paying all fees and applicable taxes associated with the
Paid Services in a timely manner with a valid payment method. You authorize TenPearls
to charge your credit card, charge card, debit card, PayPal, or financial institution
account (herein "Payment Method") for all charges to your accounts with TenPearls.
When you provide a Payment Method to us, you confirm that you are permitted to use
that Payment Method. You also authorize us to collect and store it, along with other
related transaction information. When you make a purchase, you authorize us (and
our designated payment processor) to charge the full amount to the Payment Method
you designate for the transaction. For Premium Services, we also offer recurring
payments; therefore, you agree that TenPearls may automatically charge the fee to
your Payment Method at the beginning of each recurring period. For example, if you
choose a Premium Service with a monthly plan, you will be billed every month on
the anniversary date of the date you clicked the "Purchase" button. Additionally,
we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment
Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the
then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information
that you provide to TenPearls may be shared by TenPearls with third parties, such
as payment processors and/or credit agencies, solely for the purpose of checking
credit, effecting payment to TenPearls and servicing your account.
If you pay by credit or debit card we may obtain a pre-approval from the issuer
of the card for an amount up to the amount of the purchase. We will bill your card
at the time of purchase or shortly thereafter. If you cancel a transaction before
completion, that pre-approval may result in your funds not otherwise being immediately
available. If you pay by debit card and your payment results in an overdraft or
other fee from your bank, you alone are responsible for that fee. You agree to pay
TenPearls all charges incurred under your account for any Paid Service in which
you or anyone else who uses your account (including children, family and friends)
enroll in accordance with this Agreement and any applicable Paid Services terms.
If your Payment Method fails or your account is past due, (a) you agree to pay all
amounts due on your account upon demand and reimburse us for all reversals, charge-backs,
claims, fees, fines, penalties and other liability incurred by us (including costs
and related expenses) that were caused by or arising out of payments that you authorized
or accepted, (b) TenPearls may collect fees owed using other collection mechanisms
(this includes charging other payment methods on file with us) and (c) TenPearls
reserves the right to either suspend or terminate your Premium Services or your
account with TenPearls, including deletion of your Website from Mobeezo.com. Except
as may be set forth herein, any fees charged to your account are non-refundable.
You agree to submit any disputes regarding any charge to your account in writing
to TenPearls within thirty (30) days of such charge, otherwise such dispute will
be waived and such charge will be final and not subject to challenge.
7. Taxes
You are responsible for paying any governmental taxes imposed on your use of Mobeezo.com,
including, but not limited to, sales, use, or value added taxes. If requested, you
will promptly furnish to TenPearls the applicable receipts and/or certificates regarding
such remittances as soon as reasonably practicable. To the extent that TenPearls
is obligated to collect such taxes, the applicable tax will be added to your billing
account.
8. Website Content Control and User Data
You control the Websites you create using our Services and TenPearls does not claim
any ownership rights in any text, files, images, photos, videos, sounds, musical
works, comments, recommendations, forums, listings, logos, trademarks, postings,
messages, tags, works of authorship, or any other work or authorship added to or
submitted with any of the foregoing (collectively, "Content") posted by you or by
Visitors or Members of your Websites. Therefore, TenPearls takes no responsibility
for any Content located in your Website and TenPearls has no obligation to monitor
such Content or your Website. You are therefore responsible for the removal of any
such Content that is in violation of these Terms of Service and ensuring compliance
with these Terms of Service.
By visiting or becoming a Member of a Website created using our Services, you agree
that the Content and information you provide during the registration process (including
your email address) and other interactions with the Website may be accessed by the
Website Creator and their authorized representatives and administrators, as well
as any Application Developer whose Applications run on that Website. Similarly,
by adding or using an Application or a service provided by one of our affiliates
or business partners, you agree that the Content and information you or your Website
Visitors or Members provide in the interactions with your Website as well as that
Application or service may be accessed by the respective Application Developer,
affiliate or business partner and their authorized representatives. We require Website
Creators, Application Developers, affiliates and business partners to respect your
privacy settings and our Privacy Policy (
http://www.Mobeezo.com/privacypolicy.aspx),
but your agreement with that Website, Application, affiliate or business partner
will control how they can use the Content and information shared with them. Be sure
to understand the privacy settings, terms and privacy policies of that Website,
Application or service prior to your interactions. Note that TenPearls cannot guarantee
that such third parties will comply with their contractual requirements, and TenPearls
does not assume any liability or responsibility for any third party’s actions,
or for enforcing any agreements such third parties may enter into with your or with
us.
As a Website Creator, you and your authorized representatives and administrators
will have access to the email address of the Members of your Website, along with
certain information, Content and data provided or collected during their registration
and use of your Website ("Website Member Data"). TenPearls may also provide you
with access to certain Visitor data that we collect as part of our Services (collectively
with Website Member Data and other data you collect, "User Data"). You agree to
have a privacy policy or otherwise make it clear to your Visitors and Members what
User Data you are going to use and how you will use, display or share that data.
You further agree that, as between you and TenPearls, subject to this Agreement
and each User’s rights, (i) TenPearls owns all right, title and interest,
including all intellectual property rights, in and to the User Data collected by
us, and (ii) you own all right, title and interest, including all intellectual property
rights, in and to the User Data collected by you. Notwithstanding the foregoing,
in order for TenPearls to run your Website on Mobeezo.com, you hereby grant TenPearls
a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable,
fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify,
create derivative works of, distribute, publicly perform and display the User Data
on or through Mobeezo.com and in all current and future media in which the Services
may be distributed; (ii) use and disclose the User Data and related metrics in an
aggregate or other non-personally identifiable manner (including, for use in targeting
advertising in a non-personally identifiable manner through and in connection with
Mobeezo.com); and (iii) use User Data for other purposes permitted by the TenPearls
Privacy Policy.
9. Your Obligation to Protect User Data
If you collect or have been provided access to User Data, you hereby agree not to
use, display or share User Data in a manner inconsistent with the User’s privacy
settings, our Terms of Service and Guidelines, and all applicable laws and regulations.
You hereby further agree that your use and disclosure of User Data shall be reasonably
protective of each User’s rights and in no event shall you observe standards
of privacy and confidentiality in connection with the use and disclosure of User
Data that are less stringent than the standards set forth in our Privacy Policy.
You agree to promptly delete all User Data (i) relating to any User who de-authorizes,
disconnects or otherwise disassociates from your Website, Application or service,
(ii) if we disable your Website, Application or service, or (iii) upon request by
us or the User. TenPearls is not required to keep back-up copies of User Data on
Mobeezo.com once the Website or User Data is deleted. TenPearls makes no guarantee
that User Data will be safely stored on Mobeezo.com. To be safe, you should independently
back-up User Data, to the extent permitted herein and applicable laws and regulations.
You acknowledge that TenPearls may terminate the account of any User (including
Members of your Website(s) or users of your Application) in accordance with this
Agreement.
10. Proprietary Rights to Content
By displaying or publishing ("posting") any Content on or through the Services,
you hereby grant to TenPearls a limited license to use, modify, publicly perform,
publicly display, publish, reproduce, distribute, list information regarding, edit,
translate, and make derivative works of such Content, in whole or in part, and in
any form, media or technology, whether now known or hereafter developed for use
solely in connection with the Services.
Without this license, TenPearls would be unable to provide the Services. The license
you grant to TenPearls is non-exclusive (meaning you are free to license your Content
to anyone else in addition to TenPearls), fully-paid and royalty-free (meaning that
TenPearls is not required to pay you for the use on the Services of the Content
that you post), transferable and sub-licensable (so that TenPearls is able to use
its affiliates and subcontractors such as Internet content delivery networks to
provide the Services), and worldwide (because the Internet and the Services are
global in reach). Unless you have shared your Content with others, and they have
not deleted it, this license will terminate at the time you remove your Content
from the Services, but you understand and agree that your Content may continue to
appear on Mobeezo.com or Websites after you remove it from the Services as portion
of your Content may remain on pages cached by third parties, incorporated into RSS
feeds, User profiles or other features, or archived on servers. Furthermore, when
you publish any Content or information using the "everyone" or "public" settings,
it means that everyone, including people off of Mobeezo.com, will have access to
that information and we may not have control over what they do with it.
When you post any Content on a Website, you provide the Website Creator, other Members
of that Website or the public in general with permission to view and use your Content
depending on the Website’s privacy settings and policies. Be sure to understand
that Website’s privacy settings and policies prior to posting your Content.
You represent and warrant that: (i) you own the Content posted by you on or through
the Services or otherwise have the right to grant the license set forth in this
section, and (ii) the posting of your Content on or through the Services does not
violate the privacy rights, publicity rights, intellectual property rights, contract
rights or any other rights of any third party. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any Content posted by you
to or through the Services.
If a Website is removed from Mobeezo.com, the Content associated with that Website
may also be deleted at the discretion of the Website Creator or TenPearls. We encourage
you to be sure you are comfortable with this possibility before contributing your
Content to a Website. You should be aware that TenPearls is not required and may
not keep back-up copies of Content (including your Content) on Mobeezo.com once
the Website or Content is deleted. Additionally, TenPearls makes no guarantee, either
during or after the term of this Agreement, that your Content will be safely stored
on Mobeezo.com and you should independently back-up your Content.
The Services contain proprietary content that is protected by copyright, trademark,
patent, trade secret and other laws in the United States and around the world (the
"TenPearls Content"). TenPearls owns and retains all rights in the TenPearls Content
and the Services. TenPearls hereby grants you a limited, freely revocable, non-sublicensable
license to reproduce and display the TenPearls Content (excluding any software code)
solely for your personal use in connection with using the Services. As between you
and Mobeezo.com, all the intellectual property rights in the TenPearls technology,
which does not include your Content, are owned by TenPearls or its licensors.
The Services contain Content of Users and other TenPearls licensors. Except for
Content posted by you, you may not copy, modify, translate, publish, broadcast,
archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt
to access the source code, create derivative works from, rent or sell any Content
appearing on or through the Services without permission of the Content owner.
We always appreciate your feedback or other suggestions you may have about TenPearls,
but you understand that we may use them without any obligation to compensate you
for them (just as you have no obligation to offer them).
11. Content Posted
Please choose carefully the content you post on any Website and that you provide
to other Users. You may not use the Services to post, disseminate or communicate
any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, content communicated by
other Users may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and TenPearls assumes no responsibility or liability
for this material. If you become aware of misuse of the Services, please contact
us at
http://www.Mobeezo.com/ContactUs.aspx.
Without assuming any obligation to do so, TenPearls may delete any Content or suspend
any Website or account associated with it, that in the sole judgment of TenPearls
violates this Agreement or that may be offensive or illegal, or violate the rights,
harm, or threaten the safety of any person. TenPearls assumes no responsibility
for monitoring the Services for inappropriate Content or conduct. If, at any time,
TenPearls chooses, in its sole discretion, to monitor the Services, TenPearls nonetheless
assumes no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User submitting
any such Content.
You are solely responsible for the Content that you post on or through any of the
Services, and any material or information that you transmit to other Users and for
your interactions with other Users. TenPearls does not endorse and has no control
over the Content. Content is not necessarily reviewed by TenPearls prior to posting
and does not necessarily reflect the opinions or policies of TenPearls. TenPearls
makes no warranties, express or implied, as to the Content or to the accuracy and
reliability of the Content or any material or information that you transmit to,
or receive from, other Users.
12. Content/Activity Prohibited
The following is a partial list of the kind of Content and activity that is prohibited
on any Website and through the use of the Services. TenPearls reserves the right,
in its sole discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or terminate your access to all
or any part of the Services at any time, with or without prior notice, and without
liability if we believe you are in violation of this provision. TenPearls further
reserves the right to investigate and take appropriate legal action against anyone
who, in our sole discretion, violates this provision, including without limitation,
reporting it to, and cooperating fully with, law enforcement authorities. Prohibited
Content and activity includes, but is not limited to, Content or activity that in
the sole discretion of TenPearls:
• may constitute or contribute to a crime or tort;
• is illegal, misleading, harmful, malicious, hateful, threatening, bullying,
harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating
to other people (publicly or otherwise), libelous, pornographic, or that contains
nudity or graphic or gratuitous violence;
• communicates any information or content that you do not have a right to
make available under any law or under contractual or fiduciary relationships, or
otherwise infringes or violates someone else’s rights;
• involves sending or otherwise posting unauthorized commercial communication
(such as spam);
• engages in unlawful multi-level marketing, such as a pyramid scheme;
• solicits login information or accessing an account belonging to someone
else;
• solicits or posts personal identifying information from other Users, or
knowingly collects any information from minors under the age of 13;
• obscures the advertisements we serve on your Website;
• makes automated use of the system, such as using scripts, bots, spiders
or scrapers, to send messages, log into accounts, or collect Users’ Content
or information;
• interferes with, disrupts, impairs or creates an undue burden on the Services
or the networks or services connected to the Services;
• attempts to impersonate another person or entity, including, but not limited
to, a Member or TenPearls official, to falsely state or otherwise misrepresent your
affiliation with a person or entity;
• provides false personal information on Mobeezo.com, or creates an account
for anyone other than yourself without permission;
• involves selling or otherwise transferring your account without our prior
permission;
• creates and maintains a Website that (i) redirects to another web page or
(ii) stores or hosts content for remote loading by other web pages;
• uploads viruses or other malicious code;
• uses the Services to hyperlink to content not permitted on Mobeezo.com;
• facilitates or encourages any violation of these Terms of Service.
13. Third Party Content and Interaction; Third Party Sites
You agree to comply with the license and restrictions applicable to each item of
Content you post, copy, access, or use. You understand that by using Mobeezo.com
you may be exposed to Content that is offensive, objectionable, or indecent, and
that you use Mobeezo.com at your own risk. Content from other Users or third parties
is made available to you through Websites and Mobeezo.com. The inclusion of any
such Content on Mobeezo.com does not imply our affiliation or endorsement of such
Content. Because TenPearls does not control such Content, you agree that TenPearls
is not responsible for any such Content, including without limitation, any advertising
and information about third-party products or services, or the accuracy, integrity,
quality, legality, usefulness, safety or intellectual property rights of any such
Content. Your interactions with other Users and third parties on Mobeezo.com, including
payment and delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and the
User or third party as applicable. Like with any web-based interaction, we suggest
that you use caution and good judgment.
You agree that TenPearls is not responsible for any loss or damage incurred as the
result of any such dealings or with respect to any other User's or third party’s
use or disclosure of your personal information. If there is a dispute between you
and any third party (including any User), TenPearls is under no obligation to become
involved. You release TenPearls, its officers, employees, agents and successors
from claims, demands and damages of every kind or nature arising out of or related
to any disputes with other Users and third parties. If you are a California resident,
you waive California Civil Code Section 1542, which says:
"A general release does
not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must have materially
affected his settlement with the debtor." And, if you are not a California
resident, you waive any applicable state statutes of a similar effect.
Additionally, TenPearls, Website Creators, Users or third parties may provide hyperlinks
on Mobeezo.com or Websites, or any other form of link or redirection of your connection
to other sites ("Third Party Sites"). Links to these Third Party Sites are provided
solely for your convenience and in no way does the inclusion of any link on Mobeezo.com
or any Website imply our affiliation or endorsement of the linked site, their business
practices (including their privacy policies) or any information therein. TenPearls
expressly disclaims responsibility for the accuracy, quality, legality, nature,
availability or reliability of Third Party Sites linked to by or through Mobeezo.com.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS,
AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY
AT YOUR OWN RISK.
14. Privacy of Your Information
We care about the privacy of our Users. Click here (
http://www.Mobeezo.com/privacypolicy.aspx)
to view our Privacy Policy. Your information may be stored and processed in any
country in which TenPearls and its service providers maintain facilities, including
outside of the European Union. In this regard, or for purposes of sharing or disclosing
data in accordance with this Agreement, TenPearls reserves the right to transfer
information outside of your country. By using the Services, you consent to any such
transfer of information outside of your country.
15. TenPearls and Mobeezo Communications
It is our policy to provide notifications, whether such notifications are required
by law or are for Service related purposes, to you via email or, written or hard
copy notice, or through conspicuous posting of such notice on our website, as determined
by TenPearls in its sole discretion. By providing TenPearls and Mobeezo.com your
email address you consent to our using the email address to send you Service-related
notices, including any notices required by law, in lieu of communication by postal
mail. We may also use your email address to send you other messages, such as updates,
user communications, newsletters, changes to features of the Service, or Mobeezo.com
or TenPearls offers. If you do not want to receive certain email messages, you may
opt out by contacting our Support team (
support@Mobeezo.com).
Opting out may prevent you from receiving valuable messages regarding updates, improvements,
offers, or communications from other Users. TenPearls reserves the right to send
you notices about your account even if you opt out of all voluntary email notifications.
16. User Support
As a Website Creator, you are responsible for implementing and maintaining all support
for your Website(s), including answering questions from your Members and Visitors.
If you are a Website Creator and have any question with regards to your account,
please visit our FAQ section for answers to common questions or contact us at
http://www.Mobeezo.com/ContactUs.aspx
17. Advertising on Websites
Unless you subscribe to a Premium Service (including domain purchases), we have
the right to sell, run and/or serve third-party advertising on your Website. TenPearls
may establish general policies and guidelines surrounding the running of your own
ads ("Advertising Policies"). When adopted, any such Advertising Policies will be
linked to, and incorporated by reference into, this Agreement and are subject to
change from time to time. YOU AGREE THAT TENPEARLS WILL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR
DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON
YOUR WEBSITE. TenPearls reserves the right to include promotional links on Your
Website(s) at no cost to TenPearls, unless you pay the applicable Premium Service
fees to remove promotional links. Removal of promotional links does not include
removal of required TenPearls legal notices and links to the Terms of Service, Privacy
Policy and Guidelines or any statement indicating that TenPearls uses TenPearls
ID for authentication upon sign in by your Website Members.
18. TenPearls Policies
TenPearls reserves the right to disable or deactivate Free Member accounts that
are inactive for more than 90 days. In the future, we may limit the number of free
Websites a Website Creator can create and may impose different bandwidth, storage
or other usage restrictions than currently offered. In addition:
• You may not use profanity or others’ trademarks in the name, domain
or subdomain of your Website.
• In order to run advertisements and/or remove advertisements or promotional
content served by us on your Website, you must purchase a Premium Service.
• You may not edit or remove the Mobeezo link at the bottom of your Website
unless you purchase a Premium Service.
• You may not do anything to remove, hide, or alter the appearance of advertising
served on your Website by TenPearls.
• The TenPearls ID link may not be edited and must be available in the Sign
in and Sign up pages of your Website.
• These Terms of Service may not be edited and must be available in the Sign
Up page of your Website.
19. TenPearls Marks; Templates
TenPearls trademarks, logos, service marks, images, trade names and other distinctive
branding features used in connection with the Services are the trademarks of TenPearls
and may not be used without permission. Other trademarks that may appear on our
Services are the property of their respective owners. TenPearls reserves the right
to include within your Website applicable TenPearls copyright and trademark notices
for TenPearls and links to our Terms of Service, Privacy Policy and other Guidelines.
All notices and links will be displayed consistently in such form and placement
as determined by TenPearls. For purposes of this Agreement, all templates offered
by TenPearls are copyrighted material and are considered part of Mobeezo.com. Such
templates are offered for use to TenPearls users under a limited license only, and
are not offered for sale or unbridled use. Such license limits use of TenPearls
templates to Websites hosted by TenPearls. TenPearls templates may not be transferred
to or hosted on another web host or Internet Service Provider.
20. Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is our policy
to respond to clear notices of alleged copyright infringement that comply with the
Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly
terminate without notice the Membership privileges of those determined by us to
be repeat infringers. If you are a copyright owner and you believe that any content
hosted on Mobeezo.com infringes your copyrights, then you may submit a notification
pursuant to the DMCA by providing our Copyright Agent with the following information
in writing:
• an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located
on our Services, such as by providing us the URLs to the content;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright
infringement is by contacting us through http://www.mobeezo.com/ContactUs.aspx.
If you prefer, you can also send a DMCA notice to our Copyright Agent at the following
address: TenPearls, LLC, Attention: Copyright Agent, 13800 Coppermine Road, Herndon,
VA 20171.
As a Website Creator, you agree to have a policy for removing infringing Content
and terminating repeat infringers that complies with the DMCA. In addition, you
agree to promptly (and in any event in no later than 24 hours) address any copyright
owner's written notice (including any notices forwarded to you by TenPearls) that
specified Content posted on a Website that you control infringes that third-party's
rights (including copyrights), provided that the notice substantially complies with
the requirements in the DMCA. If you receive a counter-notice from the applicable
User instructing you to replace the allegedly infringing Content, you agree to promptly
comply with it to the extent required by law and to forward a copy of it to TenPearls.
TenPearls may remove any allegedly infringing Content without any liability to you
or to the User that posted such Content. In all such matters, we strongly recommend
that you consult your attorney to confirm your obligations under the DMCA and other
applicable laws. You are solely responsible and liable for complying with all applicable
laws in connection with your Website.
21. Your Website Subdomains
When you create Your Website, TenPearls gives you the flexibility to choose your
own subdomain for Your Website (e.g.," developer" in the example: http://developer.Mobeezo.com)
("Website Subdomain"). TenPearls maintains ownership of your Website Subdomain and
grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely
revocable, license solely to use the Website Subdomain on Mobeezo.com. The Website
Subdomain you choose for your Website and your Mobeezo.com account are non-transferable.
You will be solely responsible and liable for any activity that occurs under your
Website Subdomain and account. At any time, however, you may upgrade your account
to purchase your own custom domain name.
22. Indemnity
You agree to indemnify, defend, and hold harmless TenPearls, its subsidiaries, and
affiliates, and their respective officers, agents, co-branders or other partners,
employees, and third party Paid Service providers from and against any claim, demand,
loss, damage, cost, or liability (including reasonable attorneys' fees) arising
out of or relating to:
• any Content you submit, post, transmit, or make available through Mobeezo.com;
• your use or misuse of the Services;
• your connection to the Services;
• your breach or alleged breach of this Agreement; or
• your violation of any rights (including intellectual property rights) of
a third party.
TenPearls reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without
the prior written consent of TenPearls. TenPearls will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
23. Disclaimer of Warranties
YOUR USE OF MOBEEZO.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS,
SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE
AT YOUR SOLE RESPONSIBILITY AND RISK. MOBEEZO.COM, AND ALL WEBSITE CODE, PLATFORM
CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD
PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TENPEARLS AND
ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS
AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
TENPEARLS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS,
PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT MOBEEZO.COM, OR ANY WEBSITE CODE,
PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING
THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MOBEEZO.COM, OR THE SERVER
THAT MAKES MOBEEZO.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TENPEARLS MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY
CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT)
OR ADVERTISING ON MOBEEZO.COM, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY
TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE
WITH ANY TENPEARLS TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND
ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE,
AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENPEARLS
OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS
OR AGENTS, OR THROUGH OR FROM MOBEEZO.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
TENPEARLS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER
ON MOBEEZO.COM, PLATFORM, APPLICATIONS OR WEBSITES.
24. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE,
SHALL TENPEARLS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS,
LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE,
DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TENPEARLS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE
INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING
FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR
ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $200 AND (ii) THE TOTAL
AMOUNTS PAID TO TENPEARLS BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE
INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE
PROVIDED BY ANY THIRD PARTIES OTHER THAN TENPEARLS (INCLUDING APPLICATION DEVELOPERS)
AND RECEIVED BY YOU THROUGH OR ADVERTISED ON MOBEEZO.COM OR RECEIVED BY YOU ON ANY
THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES
OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH
LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH
YOU ARE LOCATED.
25. Changes to Services
TenPearls reserves the right at any time (and from time to time) to modify, suspend,
or discontinue providing the Services or any part thereof with or without notice.
TenPearls will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services.
26. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines
at any time without notice to you by posting a revised version on www.Mobeezo.com
or elsewhere on Mobeezo.com. The revised version will be effective at the time we
post it. Please check this Agreement and any Guidelines periodically for changes.
Your continued use of Mobeezo.com or any Website after posting of the changes constitutes
your binding acceptance of such changes. We last modified this Agreement on the
date stated above. However, if the revised version includes a material change, it
will be effective for an existing User on the earlier of (a) the date you accept
it, and (b) 30 days after the material changes are initially posted to www.Mobeezo.com
or elsewhere on Mobeezo.com. The revised version will apply to you immediately if
you are a User who registers or first uses Mobeezo.com on or after the posting of
the revised version.
27. Term and Termination
This Agreement shall remain in full force and effect unless and until your account
is terminated as provided herein. You may terminate your account and end your use
of Mobeezo.com at any time and for any or no reason. TenPearls has the right (at
its sole discretion) for any reason to (i) delete, disable or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use of
Mobeezo.com or any Website, (ii) remove and discard any Content within any Website
or anywhere on Mobeezo.com or (iii) shut down a Website, with or without notice,
and with no liability of any kind to you. If you terminate your account, we will
have no obligation to refund you any fees you may have paid except as may be required
by applicable law.
28. Effects of Termination
Upon deactivating your account, this Agreement terminates and your access rights
to Mobeezo.com and any Websites immediately cease to exist. For Content you wish
to delete from Mobeezo.com, you can delete it by going to each of the Websites to
which you've contributed. TenPearls is not responsible for deleting Content on your
behalf and TenPearls will not have any obligation to assist you in migrating your
data or your Website(s) off of Mobeezo.com. Note that, even if Content is deleted
from TenPearls' active servers, it may remain in our archives (although we have
no obligation to archive or back-up your Content). TenPearls will have no obligation
to refund any fees paid for Paid Services.
29. Survival
The provisions under the following sections will survive termination of this Agreement
for any reason: Sections 2, 4-14, 17-24, 27-32.
30. Law and Arbitration
This Agreement shall be governed by the laws of the Commonwealth of Virginia without
giving effect to any principles that may provide the application of the law of another
jurisdiction. For any claims by TenPearls seeking or related to equitable or injunctive
relief, you agree to submit to the personal jurisdiction of the state courts and
federal courts located within Fairfax County, Virginia for the purpose of litigating
all such claims or disputes. Any other claim or dispute in connection with, arising
from, or related to this Agreement shall be resolved in a cost-effective manner
through binding non-appearance arbitration, which must be initiated within sixty
(60) days after the claim or dispute it arises, or the cause of action is barred.
The arbitration shall be initiated using the Expedited Procedures under the Commercial
Rules of the American Arbitration Association (“AAA”). The alternative
dispute resolution provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based
on written submissions, the specific manner shall be chosen by the party initiating
the arbitration; (b) the arbitration shall not require any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and (c)
any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive
or other equitable relief to protect our intellectual property rights in any court
of competent jurisdiction. The prevailing party in any proceeding hereunder shall
be entitled to recover its costs and expenses incurred in such proceeding, including
all arbitration and/or court costs, and reasonable attorneys’ fees and expenses.
31. United States Export Controls
You agree to comply with all applicable export and reexport control laws and regulations,
including the Export Administration Regulations ("EAR") maintained by the U.S. Department
of Commerce, trade and economic sanctions maintained by the Treasury Department's
Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms
Regulations ("ITAR") maintained by the Department of State. Specifically, you agree
that you shall not -- directly or indirectly -- sell, export, re-export, transfer,
divert, or otherwise dispose of any products, software, or technology (including
products derived from or based on such software or technology) received from TenPearls
under this Agreement to any destination, entity, or person prohibited by the laws
or regulations of the United States, without obtaining prior authorization from
the competent government authorities as required by those laws and regulations.
You agree to indemnify, to the fullest extent permitted by law, TenPearls from and
against any fines or penalties that may arise as a result of your breach of this
provision. This export control clause shall survive termination or cancellation
of this Agreement.
32. General
You agree to comply with all policies applicable to TenPearls and Mobeezo.com, and
those of our third party Paid Service providers, which policies are either posted
on Mobeezo.com or provided to you by a link in these Terms of Service. In addition,
you agree to comply with all applicable laws. The failure of TenPearls to exercise
or enforce any right or provision of this Agreement does not constitute a waiver
of such right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should try to give effect to the parties' intentions as reflected in the provision,
and the other provisions of this Agreement remain in full force and effect. Your
accounts are non-transferable. The parties are independent contractors with respect
to each other. You may not delegate your duties under this Agreement or assign this
Agreement, in whole or in part. TenPearls may assign this Agreement in whole or
in part in its sole discretion without your consent and without notice. Any unauthorized
use of any TenPearls computer system is a violation of this Agreement and certain
federal and state laws. Such violations may subject you and your agents to civil
and criminal penalties. This Agreement, including links to any third party Paid
Service provider terms and conditions, constitutes the entire agreement between
you and TenPearls and governs your use of Mobeezo.com, superseding any prior agreements
(whether written or oral) between you and TenPearls regarding the subject matter
hereof. The other Users of Mobeezo.com are intended third party beneficiaries of
your obligations under this Agreement. A party will not be liable for non-performance
or delay in performance (other than of obligations regarding payment of money) caused
by any event reasonably beyond the control of such party including, but not limited
to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics,
fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God."
Nothing in this Agreement shall prevent us from complying with the law and applicable
regulations.