Terms of Service
Last Modified: December 15th, 2012
Acceptance of Terms
Description of Service
The Service is an online, mobile website building platform which enables designers to create and manage mobile websites and access or purchase services made available on the Site. Services include, but are not limited to, any service and/or content Mobile Hippo makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. In connection with your use of the Site or the Service, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third party services, you are responsible for reviewing and understanding the terms and conditions governing such services, and acknowledge that the third party is responsible for the performance of such services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Mobile Hippo. Mobile Hippo reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Mobile Hippo may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Mobile Hippo and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Mobile Hippo account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Mobile Hippo account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display photographs and images that may be offensive to some.
The Services are for use by individuals who are web designers and those who want to build and maintain mobile sites for personal and business use. If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originated and you acknowledge and agree that you, and not Mobile Hippo are entirely responsible for all Content that you post, or otherwise submit to the Site.Mobile Hippo does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Mobile Hippo. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person
- To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Mobile Hippo user
- To create or transmit unwanted ‘spam’ to any person or any URL
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; (iv) to test or reverse-engineer the Site or Service
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent
- To create or provide any other means through which the Site or Service may be accessed
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Mobile Hippo at email: firstname.lastname@example.org.
Content Submitted or Made Available for Inclusion on the Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Mobile Hippo a worldwide, non-exclusive license to use the content and are representing and warranting to Mobile Hippo that the content is owned or duly licensed by you, and that Mobile Hippo is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Mobile Hippo’s agreement to allow you to post Content to the Site and Mobile Hippo’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Mobile Hippo as follows:
- You acknowledge that:
- By posting Content to the Site you hereby grant to Mobile Hippo a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site
- The license granted to Mobile Hippo includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Mobile Hippo by you
- You represent and warrant that:
- You are the owner of all rights, including all copyrights in and to all Content you submit to the site
- You have the full and complete right to enter into this agreement and to grant to Mobile Hippo the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Mobile Hippo of the Content as contemplated herein
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Mobile Hippo, all of which such rights are hereby expressly and irrevocably waived by you in favor of Mobile Hippo.
Payments and Taxes
Mobile Hippo respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Mobile Hippo will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Mobile Hippo of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Mobile Hippo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Mobile Hippo with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable Mobile Hippo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mobile Hippo has no control over such sites and resources, you acknowledge and agree that Mobile Hippo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mobile Hippo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Mobile Hippo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Mobile Hippo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Mobile Hippo Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Disclaimer of All Warranties
The Site, Service and Content are furnished "as available" and "as is". We disclaim any and all warranties, implied or express.
(1) We do not warrant that the Site, Service or Content will be accurate, available, complete, continuous, correct, secure, timely, uninterrupted, or will meet your needs; (2) We do not endorse any representation or content furnished by any party other than us, and deny all related liability; (3) We make no warranty or any representation with respect to use of the Site, Service or Content in terms of its results, reliability, completeness, correctness, availability, or otherwise.
LImitation of Liability
In no event shall Mobile Hippo be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
Mobile Hippo may terminate or suspend any and all Services and/or your Mobile Hippo account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Mobile Hippo account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Mobile Hippo will automatically remove all Content posted to your account.
Mobile Hippo reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Mobile Hippo will notify you by posting an announcement on the site. What constitutes a material change will be determined at Mobile Hippo’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Mobile Hippo in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Mobile Hippo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mobile Hippo’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Mobile Hippo may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Michigan, as if made within Michigan between two residents thereof, and the parties submit to the exclusive jurisdiction of Michigan courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.