Notice: Read this user agreement carefully before installing, accessing, copying or using the software accompanying this agreement. Clicking on the "i accept" button below, or in any other way installing, accessing, copying or using the software, creates a legally enforceable contract and constitutes acceptance of all terms and conditions of this agreement without modification.
Return: If you are not authorized to enter into this agreement, or if you do not agree to all of the terms of this agreement, then you must click on the "cancel" button below, and you must not install, access, copy or use the software, and you must, within 3 days, delete and permanently erase from all computer memories and storage media all copies of the software and documentation.
MoboPlay grants You the right to install and use the Product subject to all the terms and conditions set forth here within. Fuzhou Xianzhi Ruishi Information Technology Co.,Ltd (The "Company") offers to allow you to use its product on a free basis conditioned upon your agreement to all of the terms and conditions contained in this Agreement.
The Company offers "MoboPlay" as free smart phone data management and content download service (the "Service") accessible through the Internet at "http://www.moboplay.com" (the "Web Site"). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Service, you will need to install software, which the Company makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with the Company (the "Account"). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site located at http://www.moboplay.com is an active part of the Service and any use of the web Site is governed by the same Terms of Agreement and Rules of Conduct.
Subject to the terms of this Agreement, the Company grants to you a non-exclusive license to use the Service, and a non-exclusive license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement. All rights not expressly granted to You are retained by the Company.
The Product may contain third party software that the Company is granted sublicense to use and deliver and which is also protected by copyright law and other applicable laws.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to the license grant hereunder, all right, title and interest in and to the Product, the accompanying printed materials, and any copies of the Product are owned by the Company. You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. The Company has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
(b) Rights in Content.
The Company offers free content downloads and other types of open sources contents for the users. The copyright of the content created is owned by the creator of the content. the Company assumes no responsibility for the source of the content. If you discover any infringing content on these platforms, please notify us. We will remove the infringing content as soon as possible. You acknowledge that the Company and content creator have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content for profitable purposes.
(c) Member Content.
Members can upload Content to our servers in various forms, such as in selections you make for MoboPlay and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct.
You agree not to use the Service to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, the Company's employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, post, e-mail or otherwise transmit Content as determined by the Company at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (viii) "stalk" or otherwise harass another member.
(e) Modification Of The Client Program.
All Members must use the client program provided by the Company. The Company periodically updates the client program as well, and all players are required to use the latest version of the program. Modification of the client program of MoboPlay is strictly prohibited. Any violations may result the termination of your service.
(f) Exploitation of Program Bug.
Members are prohibited from exploiting any programming bugs in MoboPlay, on the Web Site, and/or within the Company's system. Any violations may result the termination of service.
The Company has designed MoboPlay for smart phone management and content download only as offered by the Company at the Web Site. You agree to use MoboPlay only as offered by the Company at the Web Site and not through any other means. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for MoboPlay, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any MoboPlay accounts, or copyrighted material.
(a) The personal information you provide us during registration is used for our internal purposes only. The Company uses the information the Company collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, the Company will not give any of your personal information to any third party without your express approval. The Company does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that the Company may communicate with you via email and any similar technology for any purposes relating to the Service, the Software, and any services or software which may in the future be provided by us or on our behalf.
(b) The Company will not give any of the personal information to any third party. However, the Company does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Furthermore, the Company can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as the Company, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
(a) The Company reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and the Company cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
(c) The Company shall not be obligated to refund any and all portion of any Purchases fees (if any) by reason of any interruption of the Service and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.
MoboPlay.com respects the copyright of all App developers and copyright owners and has attempted to ensure no Apps or contents that are infringing the intellectual property of the App developer and content provider have been included on MoboPlay web service and database.
MoboPlay.com has been authorized by the App developers and copyright owners to distribute the Apps and contents on MoboPlay Website, MoboPlay PC Client and MoboPlay Mobile Client. MoboPlay.com shall not be liable for any damages or prejudices of any nature, unless in the events expressly mentioned herein, due to inaccuracy, thoroughgoing, updating, as well as due to mistakes or omissions of the information or services contained in MoboPlay Website, MoboPlay PC Client or MoboPlay Mobile Client or related to any content available through MoboPlay Website and or the services offered. MoboPlay does not undertake to verify or check the content or information contained in other websites available from MoboPlay Website, MoboPlay PC Client or MoboPlay Mobile Client.
Likewise, MoboPlay.com does not guarantee the availability, continuity or infallibility of MoboPlay Website and or the services offered and, due to that, does not assume any liability due to damages or prejudices of any nature arisen from such lack of availability or continuity of MoboPlay Website or the services offered, as well as from mistakes in the access of MoboPlay Website and MoboPlay PC Client offering the services.
MoboPlay.com believes that the third party has been authorized to distribute the Apps or contents through MoboPlay Website and MoboPlay PC Client. MoboPlay.com shall not be liable for any damages or prejudices due to services and contents rendered by third parties through MoboPlay Website or MoboPlay PC Client as well as the means offered by those third parties in order to manage the service requests. In particular, MoboPlay shall not be liable for any unfair competition acts, illicit advertising, lack of veracity, exhaustively, mistakes, and or updating of the contents send, defunded, stored, received, managed or available from the services provided by third parties through MoboPlay Website or MoboPlay PC Client. MoboPlay regards infringement of the copyright as a serious matter. If you are an App developer or copyright owner and you think MoboPlay or a MoboPlay third party partner has violated your copyrights by distributing your Apps or content through MoboPlay Website, MoboPlay PC Client or MoboPlay Mobile Client without your permission, please email us at email@example.com. We will remove it as soon as possible.
(a) The maximum amount and the total liability of the company to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall not exceed the total fees paid by you to the company for the total purchase in and within the same month of the event causing liability.in no event shall the company, or any of its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitations, any damages for lost profits, arising (whether or in contract, tort, strict liability or otherwise) out of or in connection with the service, the software, your account or this agreement, whether or not the company may have been advised that any such damages might or could occur. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
(b) If you purchased any content, you agree to release any and all liabilities of the Company related to your purchase and use of the content, except that the Company is responsible for providing such content to your Account in MoboPlay.
(c) You agree to release any and all liabilities of the Company related to any computer virus infection to your computer, whether it is though the Company's server or third party activities.
(d) You agree that the Company will not be held responsible or liable for anything that occurs or results from accessing or subscribing to the MoboPlay service.
You understand that content and materials on the internet may be created and maintained by third parties (such as user message board) and that portions of such materials may be sexually explicit, obscene, offensive, or illegal. In no event shall the company be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed though the service. You assume total responsibility and risk from your use of the services and internet generally. The company disclaims any and all responsibility for content contained in any third party materials provided though hyperlinks or in any other forms.
At the company's request, you agree to defend, indemnify and hold harmless the company, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, content providers, and other members of the service, from all damages, liabilities, losses, damages, judgments, claims, causes of action, claims, and expenses, including attorneys' fees and costs, which the company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this agreement), or satisfy as a result or arising out of your use of the service or any breach of this agreement by you.
(a) The Company may terminate this Agreement (including your Software license and Account) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if the Company are unable to verify or authenticate any information you provide us, or upon software use, chat or any user activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of MoboPlay as described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your Account without refund of any fees paid for the purchases of any content.
(b) You agree that if the Service or your Account is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any content or unused virtual currency.
You hereby agree that the Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree, that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.
Should any party institutes any action or proceeding at law or in equity to enforce any provision of this Agreement, including an action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement, or any provision of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees and costs for services rendered to the prevailing party in that action or proceeding.
This Agreement is governed by and shall be construed and enforced under the laws of The People's Republic of China, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in The People's Republic of China.
Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, the Service and MoboPlay, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company.
You acknowledge that you have read and accept these terms and conditions by pressing the "I Agree" button below and agreed to be bound by its terms and conditions. If you do not agree to these terms and conditions, you may choose not to become a user of the service by pressing the "I do not agree" button below and you will not be permitted to play MoboPlay.