Last Updated: September 6, 2014
1. The Moboom Market
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.
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:
(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.
(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).
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.
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.
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.
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.
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.
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:
821 Folsom St.
San Francisco, CA 94107
Attn: Copyright Agent