Please acknowledge this Agreement and carefully read it before you access or use the Website. By using the site, or any part of it, you agree to be bound by all the terms and conditions of this agreement. If you do not accept all of these terms and conditions, do not access or continue to use the Website’s services. Acceptance of these terms and conditions is expressively limited to these terms, if they are considered an offer by 1mobiledown. To be eligible to use the Website, you must be at least 13 years of age.
- Your Account on 1mobiledown.com and Site.
By creating a blog on the Website, you take the responsibility for maintaining your account’s and blog’s security, and you are fully responsible for any actions taken in connection with the blog and any other activities that occur under your account. You agree that you will not describe or assign keywords to your blog in a misleading or unlawful manner, including intensions to trade on others’ reputation or name. 1mobiledown has the right to change or remove any keyword or description that it finds inappropriate or illegitimate, or otherwise likely to inflict 1mobiledown liability. In case there are any unauthorized uses of your blog, your account or any other security violations, you must immediately notify 1mobiledown. We will not be responsible for any acts or omissions by You, as well as any damages of any kind that happen as a result of such actions.
- Contributors’ Responsibilities.
When you operate the blog, add comments on a blog, post any material or links on the Website, or likewise make (or give permission to any third party to make) material available through the Website (any such material, “Content”), You take full responsibility for the content of, and any harm caused from, that Content, regardless of whether such Content includes text, graphics, an audio file, or computer software. Thus, when you make Content available on the Website, you acknowledge and warrant that:
- the copying, downloading and use of the posted Content will not violate the proprietary rights, including among others the copyright, trademark, patent or trade secret rights, of any third party;
- If the rights for the intellectual property you create belong to your employee, you have either (i) obtain consent from your employee to post or make that Content available, such as but not limited to any software, or (ii) your employee secured you with a waiver as to all rights in or to the Content;
- you have fully considered the third-party licenses in relation with the Content, and have implemented all things necessary to pass through any required terms to end users;
- the Content does not contain any material which is or can be harmful to technology (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- the Content is not machine- or randomly-generated (is not spam), and does not include unwanted or unethical advertising or commercial content that aims at driving traffic or boosting rankings in the search engine of the third party sites, or to further illegal acts like phishing, or mislead users as to the source of material, that is spoofing;
- the Content does not contain pornographic information, threats or violence towards individuals and entities, and does not infringe neither privacy nor publicity rights of any third party;
- you do not get your blog advertised by means of unsolicited promotional methods (such as unwanted electronic messages, spam links, email lists, other web sites and blogs, etc.)
- the name of your blog does not mislead the readers by giving them the idea that you are another company or person. For instance, the URL of your blog or its name is not the name of anyone else other than yourself and company other than your own; and
- in the case of Content with computer code, you have correctly described and/or categorized the type, nature, usage and effects of the materials, whether or not it is requested by 1mobiledown.
When you submit the Content to 1mobiledown for addition on the Website, you provide 1mobiledown a world-wide, non-exclusive, and royalty free rights to modify, reproduce, adapt and publish the Content only with intent to display, distribute and promote your blog. In case you decide to remove Content, we will use appropriate actions to delete it from the Website. However, you should be aware that caching or references to your Content may not be immediately removed.
1mobiledown reserves the right to, in its sole discretion (i)remove or refuse any content that, in 1mobiledown reasonable opinion, infringes its policy or is in any way considered to be harmful or objectionable, or (ii) deny or terminate access to and use of the Website to any entity or individual for any reason, at 1mobiledown’s own and sole discretion. Furthermore, we are not obliged to provide a refund of any previously paid amounts.
- Our Services
You can select any products or services on our Website. 1mobiledown may additionally include fees in any other communications, or depending on the type of services you’d like to offer. Please note that payments are non-refundable.
Once you sign up and create your Services account you agree to pay 1mobiledown fees, such as the applicable setup fees and recurring ones, if any. Applicable fees are charged from the day you establish your services and in advance of using those services. We retain the right to change any terms of payment and fees at any time without prior written notice to you.
- Visitors’ Responsibilities.
1mobiledown cannot review all the material, including computer software, that is posted to the Website, and thus, disclaims the responsibility for that content, effects or use. While operating the Website, 1mobiledown does not state or imply that it indorses the material posted on the Website, and by no means intend to state that such content is accurate, useful or non-harmful. It is your sole responsibility to take precautions necessary to protect you or your system from destructive content, viruses, worms, Trojan horses and other harmful data. Be aware that the Website may contain materials that are indecent, offensive or objectionable, or likewise have technical errors, typographic mistakes, and other inaccuracies. It also may contain content that infringes the privacy or publicity rights, the intellectual property and other proprietary rights of third parties, or the copying, use or downloading of which concerns the additional terms and conditions, whether stated or not. 1mobiledown does not take any responsibility for any damage or harm resulting from the visitors’ use of the Website, or from other visitors’ actions, such as downloading the content posted there.
- Content on Other Websites.
1mobiledown does not review, and cannot review, all the content, including computer software, of other websites and webpages that are available through the links given on 1mobiledown.com, and those that link to 1mobiledown.com. Such webpages and websites are outwith our control, and we therefore are not responsible for the content they post, and they use. When linking to a non-1mobiledown webpage or website, be aware that 1mobiledown does not imply or state that it indorses such websites and webpages. It is your sole responsibility to take precautions necessary to protect you or your system from destructive content, viruses, worms, Trojan horses and other harmful data. 1mobiledown does not take any responsibility for any damage or harm resulting from your use of such websites and webpages.
- DMCA Policy and Copyright Related Claims.
We do respect the intellectual property rights of others. If you believe that material posted on or there is a link to by 1mobiledown.com that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to 1mobiledown in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notifications, and as it includes and requires, remove the infringing material or disable links to it. 1mobiledown will terminate the account(s) and access(es) to the Website of any repeat copyright or other intellectual property rights infringer, under appropriate circumstances. If that is the case, 1mobiledown will not be obliged to make refunds of any amounts previously paid to 1mobiledown.
- Intellectual Property.
Under the terms and conditions of this agreement 1mobiledown does not transfer to you any of its or third party’s intellectual property, and all such property rights, title and interest will remain (as between the parties) solely with 1mobiledown. Everything that is used in connection with 1mobiledown.com, or the Website, that is 1mobiledown, 1mobiledown.com, 1mobiledown.com logo, all other trademarks, graphics, service marks and logos, are trademarks or registered trademarks of 1mobiledown or its licensors. Other than the above mentioned trademarks, graphics and logos that are used in connection with our Website may be the trademarks of third parties. With this Agreement you acknowledge that your use of the Website does not grant you the right or license to copy, reproduce, or otherwise use any trademarks that are the property of 1mobiledown or other third parties.
- Attribution links.
1mobiledown has the right to place links with attributions like ‘Blog at 1mobiledown.com, theme author, and font attributions in the footer or toolbar of your blog.
- Products from our Partners.
1mobiledown reserves the right, without liability and at its sole discretion, to replace, remove or modify any part of this Agreement. It is your sole responsibility to occasionally check this Agreement for changes. The amendments automatically become effective immediately after they are initially posted on the site and any use of the Website occurring after such date is subject to the amendments. Your continued use of or access to the Website after the posting of the amended Agreement on the site constitutes your acknowledgement of the terms and conditions and its modifications. All new services and/or features offered by 1mobiledown through the Website in future shall also be subject to this Agreement.
1mobiledown reserves the right to terminate your access to the Website at any time, without notice, or immediately if you have breached these terms and conditions. You may simply discontinue using the Website, if you wish to terminate this Agreement or your 1mobiledown.com account (if there is one). Upon termination of the Service, your right to use the Service immediately ceases and you acknowledge and agree that 1mobiledown may immediately delete your account.
1mobiledown shall not be liable to you or any third party for termination of your account in accordance with these terms and conditions.
We provide the Website “as is”. 1mobiledown, its licensors and suppliers do not make or grant (and hereby exclude) any warranties, representations of any kind, whether express, implied, statutory or otherwise with respect to the services, including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. 1mobiledown, its licensors and suppliers do not guarantee that the Website will be uninterrupted, timely, secure, or error free. You acknowledge that you download, or otherwise obtain services and content through, the Website solely at your own risk.
- Liability Limitations.
1mobiledown, or its licensors or suppliers, does not accept liability with respect to any subject matter of this agreement under any negligence, contract, strict liability or any other equitable or legal theory for: (i) any damages, whether special, consequential or incidental; (ii) the procurement costs for substitute products/services; (iii) loss, interruption, or else corruption of data; or (iv) any amounts or fees collected from you by 1mobiledown under this agreement prior to the cause of action. 1mobiledown shall not be liable for any delay or failure due to matters that are reasonably out of their control. The above shall be applied in accordance with an applicable law.
- Warranty and General Representation.
You accept and hereby agree to indemnify 1mobiledown, its licensors, and its contractors, and their respective directors, employees, officers and agents from and against all expenses and claims, as well as attorney’s fees, that arise out of your use of the Website, including among others your breaches of this Agreement.
- Other Terms and Conditions.
This Agreement constates the entire agreement between you and 1mobiledown regarding the subject matter hereof. Thus, they may only be modified by an authorized executive of 1mobiledown with a prior signed written amendment, or by 1mobiledown by the posting a revised version. Any access to or use of the Website will be governed by the laws of the UK, except to the extent applicable law, if any, provides otherwise, excluding its law provision conflicts, and the venue for any disputes relating to or arising out of any of the same will be subject to the exclusive jurisdiction of the state and federal courts located in the UK. With exception of claims for equitable or injunctive relief or claims concerning the intellectual property rights (which may be resolved in any competent court without the bond posting), any disputes arising under this Agreement shall be eventually settled in compliance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in compliance with such Rules. The arbitration shall take course in United Kingdom, in English language and the final decision may be enforced in any court. The costs and attorneys’ fees shall be assigned to the prevailing party in any action or proceeding to enforce this Agreement. The part of this Agreement that is held unenforceable or ineffective, if any, will be explained to reflect the original intent of the parties, and the rest portions will remain in force and effect. The rejection by either party of any term or condition of this Agreement or any violation thereof, in any solitary instance, by no means will waive such terms or conditions or any following violation thereof. Your rights under this Agreement may be assigned by you to any party that agrees to be bound by, and consents to, its terms and conditions; 1mobiledown may assign its rights under this Agreement without condition.
This Agreement will act in the interests of the parties and will be binding upon, their successors and permitted assigns.