Market Terms of Use

Effective starting: September 6, 2014

Welcome to the Moboom Market (the "Moboom Market"), an online Market for on-demand applications and downloadable software applications ("Market Products") that interoperate with applicable Moboom Products (as defined below). By visiting the Moboom Market website, you agree that your visiting and use of the Moboom Market website is governed by the legally binding terms and conditions described in these Moboom Market Terms of Use ("Terms of Use"), which you acknowledge represents an agreement between you and Moboom Ltd. ("Moboom"). If you are agreeing to these Terms of Use on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms of Use, and the terms "you" and "your" will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms of Use, you may not use and you must leave the Moboom Market.

IF YOU USE THE MOBOOM MARKET, INCLUDING ANY ASSOCIATED MARKET PRODUCTS, YOU WILL BE BOUND BY THESE TERMS OF USE.

1. The Moboom Market

In the Moboom Market, you can access, browse, purchase and/or use Market Products. Market Products include any software, content, services, technology, data and other digital materials included in or made available through a Market Product that you use via the Moboom Market. Market Products also include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Moboom Market. Moboom may make some Market Products available via the Moboom Market at no charge and others for a price. Most of the Market Products made available on the Moboom Market are provided and licensed to you by third parties, as described in these Terms of Use.

2. Using Market Products

a. General. After you order a Market Product and pay any corresponding fees to Moboom (or to the Publisher in the case of Non-Moboom Paid Products, as described in Section 2(c) below), you may use the Market Product for your use with which the Market Product is designed to interoperate (an "Moboom Product").

b. Evaluation of Market products. Moboom offers free evaluations of all Market Products under the term “Pay On Publish” so you can preview Market Products before you purchase the Extension.

c. Special Terms for Free or Non-Moboom Market Paid Products. You acknowledge that the Moboom Market includes listings for Market Products that are either (i) free of charge or (ii) where the fees are paid directly to the Publisher (defined below) rather than to Moboom through the Moboom Market (together (i) and (ii) are referred to herein as the, "Non-Moboom Paid Products"). Notwithstanding anything to the contrary in these Terms of Use, and without limiting Section 3(e) (Disclaimer) below, you acknowledge and agree that (1) you must use your own discretion when you obtain Non-Moboom Paid Products through the Moboom Market or go to Publisher or other third party websites, and you should read the terms and conditions and privacy policies of these Publishers and (2) Moboom does not own or control any of these websites or the Non-Moboom Paid Products, and we will not be responsible or liable to you for any such website (including its content, terms and conditions, privacy policy, or anything else) or the Non-Moboom Paid Products, under any circumstances. For clarity, subject to the foregoing, all Non-Moboom Paid Products are still "Market Products" for purposes of these Terms of Use.

3. Use of and Restrictions on Market Products.

a. Separate Licenses to Use Market Products. Your use of a Market Product (including Non-Moboom Paid Products) will be governed by the terms and conditions of an end user license agreement between you and the publisher ("Publisher") of the Market Product (a "EULA"). In the event Moboom is the Publisher of a Market Product, then such Market Product will be governed by the terms and conditions of Moboom’s End User Agreement located at http://moboom.com//customer-agreement (the "Moboom EUA"). With respect to all Market Products (other than the Non-Moboom Paid Products), the EULA for a Market Product includes the terms set forth below (the "Standard EULA") and any additional end user license terms included in or with the Market Product (the "Publisher EULA"). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control (but, for clarity, the Moboom EUA, and not the Standard EULA, will apply to all Market Products published by Moboom). The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for a Market Product, you must not use that Market Product. Moboom is not a party to the EULA for any Market Product (unless Moboom is the Publisher of that Market Product). The Standard EULA includes the following end user license terms, and if the Market Product does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:

Standard EULA

(i) The Publisher is the licensor of the Market Product and Moboom is not a party to the Publisher EULA or this Standard EULA, as applicable.

(ii) If the Market Product does not include a Publisher EULA that specifies Market Product license rights, Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to use the Market Product only Moboom.

(iii) Any information that Publisher collects from you or your device will be subject to any Publisher EULA, privacy notice, or similar terms that the Publisher provides to you, and will not be subject to the Moboom Privacy Policy (unless Moboom is the Publisher).

(iv) You may not modify, reverse engineer, decompile or disassemble the Market Product in whole or in part, or create any derivative works from or sublicense any rights in the Market Product, unless otherwise expressly authorized in writing by Publisher.

(v) The Market Product is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Market Product, and the Market Product is licensed to you directly by the Publisher, not sold.

End of Standard EULA

b. Information Provided by Moboom to Publisher. You hereby explicitly acknowledge and authorize Moboom to, in connection with your purchase of one or more Market Product(s), provide the Publisher with the information provided by you in completing the purchase including without limitation, your name, company name (if any), addresses (including e-mail address) and phone number.

c. Consent to Use Data. You agree that Publisher and Moboom (if Moboom is not the Publisher) may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Market Product, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Market Product. Publisher and Moboom (if Moboom is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you (including with respect to Moboom, the Moboom Market and Moboom Products).

d. Publisher Access to Your Data. If you evaluate and/or use Market Products of which Moboom is not the Publisher (all Market Products for which Moboom is the Publisher are found at https://market.moboom.com/publishers/, those applications may transmit your data outside of Moboom’s systems during normal use, and the Publishers of those Market Products may be able to obtain access to your data in Moboom Products through the applicable Moboom Product’s application programming interface (API). Such access may result in the disclosure, modification or deletion of your data by those Publishers or their Market Products. Further, the Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the Market Product(s). Moboom is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Market Products or their Publishers. Any information Moboom receives is subject to the Moboom Privacy Policy located at http://moboom.com/privacy-policy. Publisher has agreed to handle your data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve your data’s confidentiality and security.

e. Disclaimer. A significant portion of the Market Products in the Moboom Market are provided by parties other than Moboom. The third-party content included in the Market Products is the sole responsibility of the Publisher of that content. Moboom is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree that you bear all risks associated with using or relying on Market Products from the Moboom Market. Moboom does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Market Products (including without limitation any applications or content contained therein), regardless of who originated that content (including Moboom’s employees, partners, affiliates or moderators), and even if a Market Product complies with the Market Guidelines. Moboom hereby disclaim all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to such Market Products. Moboom shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any Market Products in the Moboom Market.

f. Indemnification. You agree to indemnify and hold Moboom and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the Moboom Market, your use of the Moboom Market or any Market Products, your violation of these Terms of Use or the EULA, or your violation of any rights of a third party.

g. Compliance with Law and Reservation of Rights. You will use the Moboom Market and Market Products in compliance with all applicable laws. Except for the rights explicitly granted to you in these Terms of Use and in the EULA for each Market Product, all right, title and interest in the Moboom Market and the Market Products are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Moboom Market or the Market Products as a result of downloading, installing or using the Moboom Market or the Market Products.

h. Support and Maintenance of Market Products. Any support and maintenance of the Market Products shall be provided by the Publisher and only to the extent described in the EULA. You agree and acknowledge that Moboom has no responsibility for providing such support and maintenance, except when Moboom is the Publisher of such Market Product, in which case such support and maintenance shall be as described in the Moboom EUA. Failure of Publisher to provide support and maintenance will not entitle you to any refund of fees from Moboom in connection with obtaining the applicable Market Product and/or support and maintenance.

i. Sales Contract. You agree and acknowledge that Moboom is the reseller of the Market Product, you are purchasing the Market Product from Moboom and you are required to make the related payments directly to Moboom. The sales contract between you and Moboom includes these Terms of Use and the applicable invoice provided to you by Moboom. Notwithstanding the foregoing, the license to the Market Product is provided directly to you by the Publisher as described in the Standard EULA and Publisher EULA, as applicable.

4. Reviews of Market Products

The Moboom Market allows you to post reviews of Market Products you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable Moboom.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the Moboom Market. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:

You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.

If you post a review of, or comment on, a Market Product for which you are the Publisher, you must disclose your affiliation.

If you post a review of, or comment on, a competitor's Market Product, you must disclose your affiliation.

Moboom reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Moboom Market. Content unrelated to a review or comment of the relevant Market Product – for example, discussing Moboom’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:

is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;

is false, fraudulent or misleading;

violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;

constitutes advertising or any other form of commercial solicitation; or

impersonates any other person or entity, including any of Moboom’s employees.

We do not claim ownership of the content of reviews or comments you post on the Moboom Market. However, you hereby grant Moboom a nonexclusive, worldwide, irrevocable, perpetual, transferable and assignable (only to a successor of Moboom by way of merger, acquisition, corporate reorganization or otherwise), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.

5. General

a. Compliance with Export Laws and Regulations. You may not use or otherwise export or re-export the Market Products except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Market Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Market Product, you represent and warrant that you are not located in any such country or on any such list.

b. U.S. Government Users. If you are a U.S. Government end user, the Publisher is providing the Market Products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Market Products are the same as the rights the Publisher customarily grant to others under the EULA.

c. Termination; Amendments. Your rights under these Terms of Use will automatically terminate without notice from Moboom if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Moboom Market and the Market Products, and Moboom may immediately revoke your access to the Moboom Market without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of Moboom’s rights. Moboom may amend any of these Terms of Use terms at its sole discretion by posting the revised terms on the Moboom.com website. Your continued use of the Moboom Market or the Market Products after the effective date of the revised Terms of Use constitutes your acceptance of such revised terms.

d. Damages Cap. Without limiting the Disclaimer in Section 3(e) or any other Disclaimer of Warranties and/or Limitation of Liability in the EULA: (i) in no event shall Moboom or its agents, its software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Moboom Market or any Market Products exceed the amount of fifty dollars ($50.00); and (ii) in no event shall Moboom’s total liability to you for all damages arising from your use of the Moboom Market, the Market Products, or information, materials or products included on or otherwise made available to you through the Moboom Market exceed the amount you paid to Moboom to purchase the Market Product related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

e. Governing Law; Arbitration. These Terms of Use are governed by the laws of the State of Califorina and, subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of San Francisco, CA. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms of Use the parties will negotiate in good faith to resolve the dispute and if the dispute has not been resolved within sixty (60) calendar days by the relevant parties using their best efforts to resolve the dispute, the dispute will be referred to arbitration and determined under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules with any hearings to be held in San Francisco, CA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use.

f. DMCA Process. If you believe that any content in the Moboom Market violates your copyright, please notify Moboom's copyright agent in writing. The contact information for Moboom’s copyright agent is at the bottom of this section. Moboom cannot take action unless you give us all the required information. In order for Moboom to take action, you must do the following in your notice:

(i) provide your physical or electronic signature;

(ii) identify the copyrighted work that you believe is being infringed;

(iii) identify the item that you thinks is infringing and include sufficient information about where the material is located (including which website) so that Moboom can find it;

(iv) provide Moboom with a way to contact you (such as address, telephone number, or email);

(v) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Moboom; and

(vi) provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for Moboom’s copyright agent:

Copyright Enforcement

Moboom Ltd.

821 Folsom St.

San Francisco, CA 94107

Attn: Copyright Agent

E-Mail: copyright@Moboom.com

g. Contact Information. For communications concerning these Terms of Use (other than DMCA notices, which you must send in accordance with the procedures above), please write to legal@Moboom.com.

h. Assignment. You may not assign or transfer the agreement formed by your agreeing to these Terms of Use. Moboom may freely assign, transfer, and delegate its rights and obligations under these Terms of Use. You acknowledge and agree that Moboom’s affiliates, contractors and service providers may exercise all rights of Moboom under these Terms of Use.