1. Acceptance of Terms
Moblin™ Zone, the website at moblinzone.com, provides content, products, and services (collectively, the "Services") to you subject to the following Terms and Conditions ("T&C"). Your use of the Services in whole or in part constitutes your binding acceptance of these T&C. If you do not agree to these T&C, you should not use the Services. Because we may modify all or any part of these T&C from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of a given Service after changes to the T&C have been published on that Service constitutes your binding acceptance of the updated T&C. If at any time the T&C are no longer acceptable to you, you should immediately cease all use of the Services.
2. Description of Services
The Services include a combination of content that we create and that other third- party content suppliers create. In addition, some Services provide you and other users with an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works, or other information, messages, transmissions or material to us or others on or through that Service (collectively, the "Postings"). We adhere to high journalistic standards, and use every reasonable effort to provide informative and relevant content as part of the Services. However, in using the Services, you may be exposed to content that you find offensive, indecent, objectionable, or that is inaccurate, and you bear all risks associated with using that content. You understand that the Services are provided by moblinzone.com "AS IS,", as further described in Section 13 of these T&C, and that moblinzone.com does not guarantee the accuracy, integrity or quality of any content available on or through the Services. In this regard, you acknowledge that you may not rely on any of this content, whether created by or submitted to moblinzone.com, including, but not limited to, product reviews, white papers, product descriptions, stock quotes, or Postings on any bulletin board, chat, news group, community, forum, or other feedback section of the Services (collectively, the "Forums").
3. General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
You further agree that you will not use the Services to:
The moblinzone.com team reserves the right, but does not assume the responsibility, to restrict communication which it deems in its discretion to be harmful to individual guests, damaging to the communities which make up moblinzone.com, or in violation of moblinzone.com's or any third-party rights.
Prohibited moblinzone.com content, private messaging, board posting, and e-mailing behaviors include (but are not limited to):
In other words, treat other people you encounter as you would treat them in person politely.
If a member of moblinzone.com has demonstrated he or she cannot behave, the member will LOSE his or her username.
These procedures are only meant to be rough guidelines, as each content situation is different and may require other measures to ensure the community orientation of the site.
Although we reserve the right to edit Postings prior to their inclusion on the Services, as a general matter moblinzone.com does not screen or monitor such content. Therefore, you understand that you are solely responsible for all Postings and other materials, whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted, or otherwise made available from your email address on our through the Services. You further agree that your Postings will not violate these T&C. Specifically, you represent and warrant that your Postings will not contain any material that:
You also agree that you will not:
You further represent and warrant that:
In sum, Postings do not reflect the views of moblinzone.com and moblinzone.com does not verify, endorse, or vouch for any such content. We do, however, enforce these T&C, and if we determine in our sole discretion that any Posting is inaccurate, was posted without authorization, or otherwise does or may violate these T&C, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the Posting; (b) revoke the applicable user's right to use the Services; and/or (d) use any technological, legal, operational or other means available to moblinzone.com to enforce the provisions of these T&C, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.
Finally, you specifically grant to moblinzone (or warrant that the owner of such content grants to moblinzone.com) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, to:
For sake of clarity, by virtue of the above grant, you also give moblinzone.com permission to copy your Postings and the Image as part of the normal backup process and/or to archive discussions containing your Postings and/or the Image.
5. Moblin™ Zone Proprietary Rights
All Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the selection, sequence and "look and feel" and arrangement of items, and all trademarks, service marks, and trade names, excluding any of your Postings (individually and/or collectively, "Material"), are the property of moblinzone.com and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations, and treaties. The compilation of all content on each site is the exclusive property of moblinzone.com. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third-party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on the Services (except for your Postings) without the express prior written consent of moblinzone.com or its owner if moblinzone.com is not the owner. In particular, you may not frame any Material without the express prior written consent of moblinzone.com or the Material owner. You must not alter, delete, or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, print, or reproduce from the Services. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. You further agree not to access the Service by any means other than through the interface that is provided by moblinzone.com for use in accessing the Service.
6. Directories and Other Membership Listings
Some of our Services allow users to make some of their personal information (including, but not limited to, name, company affiliation, and job title) available to other visitors as part of a membership directory or other listing for that Service. Please remember: If you do not want certain information to be available to other Service users, you should not include it in any membership directory listing. As with all other content on the Services, we reserve the right to refuse (or remove) listings in our sole discretion, and without prior notice, if we determine that they are inaccurate, were posted without authorization, or otherwise violate these T&C.
Some of our Services may from time to time conduct promotions, including, but not limited to, auctions, contests, and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions, and rules which will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these T&C (and therefore a part of your agreement with moblinzone.com).
8. Registrations Obligations
Some of our Services require that you register with that Service to access or use it. If such registration is required, you agree that you will provide accurate information (such as your real name and a valid e-mail address) and will update your relevant information if it becomes outdated. If you provide any information that is, or that moblinzone.com in its reasonable discretion determines may be, untrue, inaccurate, not current, or incomplete, moblinzone.com has the right, without prior notice, to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). For more detailed information about how we treat the registration information you provide to us, please see our Privacy Statement, which is incorporated by reference into these T&C (and therefore a part of your agreement with us).
9. Passwords and Other Security Issues
If we issue you a password, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If moblinzone.com allows you to choose a username and you select, in moblinzone.com's sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, moblinzone.com has the right, without prior notice to you, to automatically change your username, delete your Postings under it, deny you access to the Services, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify moblinzone.com immediately.
11. Service Deactivation or Termination
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
We may take any of the above actions for any legitimate business reason, as determined by moblinzone.com in its sole discretion, including, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend, and hold moblinzone.com, its affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors, and suppliers (collectively, the "moblinzone.com Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including attorneys' fees), incurred by any moblinzone.com Party in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these T&C, your connection to the Services, or your violation of the rights of any other person or entity.
Moblinzone.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with moblinzone.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by moblinzone.com.
13. Disclaimers of Warranties
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, moblinzone.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and moblinzone.com, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall any moblinzone.com Party be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
14. Limitation of Liability
IN NO EVENT SHALL ANY moblinzone.com PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH moblinzone.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY moblinzone.com PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). Notwithstanding any claim that a sole or exclusive remedy that is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have moblinzone.com, upon written notice from you to us, attempt to repair, correct, or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for moblinzone.com, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
Moblinzone.com respects the intellectual property of others, and we ask our users to do the same. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us at email@example.com.
We also ask that you bring Service problems to our attention, but California residents may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.
For questions about Terms and Conditions, the practices of this site or any dealings with moblinzone.com, email us at firstname.lastname@example.org or write to us at following address.
2200 Mission College Blvd.
Santa Clara, CA 95054 USA.