Terms of Service
Through this website, MobileHDServer, (“MobileHdServer” or “we”) offers a service that allows users who register with MobileHdServer (each a “User”or “you”) to use MobileHdServer proprietary software platform to change the coupons host mobile websites (the “Service”). By using the Service, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on MobileHdServer.com. PLEASE READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, please do not use the Service. Use of the Service is limited to those individuals and entities who can form legally binding contracts under applicable law, and without limiting the foregoing, the Service is not to be accessed or used by minors.
In addition, when using any particular Service option, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted on MobileHdServer.com from time to time, which are hereby incorporated into this Agreement.
Registration.
If you wish to become a User, you are required to register by creating an account. If you register, you represent and warrant to MobileHdServer that: (i) you are of legal age to form a binding contract, and, if you are acting on behalf of an organization, you have the right to enter this Agreement on behalf of such organization; (ii) you will provide MobileHdServer with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) you have all legal rights to publish and distribute information on mobile website versions and websites you input into the Service (the “User Authorized Sites”). MobileHdServer reserves the right to terminate or suspend your status as a User in the event that you breach any term of this Agreement.
Provision of Service.
During the period that you are a User in good standing (the “Term”), you are entitled to use the Service of mobile website versions of the User Authorized Sites (such mobile versions the “User Mobile Sites”). As part of the Service, MobileHdServer will host the User Mobile Sites on its servers. User will ensure that the User Authorized Sites do not contain any computer virus, code or other feature that may harm or impair the operation of the Service.
Licenses.
The Service includes the right for User to use (a) User shall not copy, modify, distribute, sublicense, make available, reverse engineer, reverse compile or otherwise use the MobileHdServer Tools. No license is granted to User to MobileHdServer Tools or any other proprietary technology or intellectual property of MobileHdServer except as expressly stated herein, and MobileHdServer reserves all rights therein.
MobileHdServer Obligations.
The Service includes the following benefits: (a) MobileHdServer shall use commercially reasonable efforts so that the Service is available 24 hours per day, 365 days per year, subject to reasonable periodic maintenance and any necessary emergency maintenance; (b) MobileHdServer shall use commercially reasonable efforts to supply access to analytics for the User Mobile Sites 24 hours a day; and (c) MobileHdServer shall use commercially reasonable efforts to allow you access to our proprietary coupon mobile site and support tool 24 hours a day. You may cancel your subscription at any time by going to the “Your Account” section of the platform and selecting Cancel Your subscription. Your cancellation will take effect at the end of the then-current billing cycle. You are not entitled to any refund for the period from when you give notice to the end of the billing cycle.
Fees.
Use of the Service is subject to payment of the applicable fees listed on the MobileHdServer website, which are paid by User by credit card. If any credit card payment is dishonored or charged back to MobileHdServer, the User remains liable to MobileHdServer for the full amount of fees payable. MobileHdServer reserves the right to collect interest at the maximum rate permitted by applicable law on overdue balances. If MobileHdServer terminates your User status or use of the Service as a result of breach of this Agreement, you will not be entitled to any refund of fees paid.
Rules of Conduct for the Service.
You shall not:
- Use the Service for any purpose in violation of local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Authorized Site;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Harvest or collect any data from MobileHdServer.com, or use any automated means, including spiders, robots, crawlers, data mining tools or the like to download data from MobileHdServer.com or relating to the Service (other than Internet search engines operating on terms reasonably acceptable to MobileHdServer);
- Attempt to gain unauthorized access to MobileHdServer’s computer systems; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in MobileHdServer’s sole judgment, exposes MobileHdServer to any liability or detriment of any type.
The Service may not be used to publish, distribute or otherwise make available any material that:
- Is libelous, defamatory, threatening, abusive, scandalous, obscene or unlawful or that encourages a criminal offense;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
MobileHdServer reserves the right (but is not obligated) to do any or all of the following:
- Investigate any allegation that any User Authorized Site does not conform to the terms and conditions of this Agreement; or
- Disable access to the Service with respect to any User Authorized Site that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement.
MobileHdServer have no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities.
Proprietary Rights.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on MobileHdServer.com, including any Submissions (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. MobileHdServer authorizes you to view, download, and use the Site Content solely in connection with your authorized use of the Service in accordance with this Agreement. Except as expressly permitted above, copying, modifying, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of MobileHdServer. In addition, you may not link to any part of the Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere without MobileHdServer’s written consent.
All software used by MobileHdServer to operate the Service is proprietary to us or to third parties, and except as may be required to use the Service in accordance with this Agreement, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
Certain types of data and analytics are generated in connection with use of the Service: (a) “User Data”, meaning any data and analytics specific to User, including number of page views, the types of handsets of viewers of User Mobile Sites, and the source of mobile traffic; and (b) “Aggregated Data”, meaning data generated by MobileHdServer in connection with this Agreement that does not identify User, including aggregated traffic analysis, aggregated usage reports, and aggregated information about end-user access to mobile websites. MobileHdServer does not collect personally identifiable information from the Service. MobileHdServer shall make the User Data available to User on MobileHdServer.com via a secured account and login in provided by MobileHdServer. As between User and MobileHdServer and to the extent permitted by law: (i) User owns and retains all rights to User Data, and MobileHdServer shall use User Data only for the purposes of this Agreement; and (ii) MobileHdServer owns and retains all rights to Aggregated Data. You agree, and represent and warrant, that your use or other exploitation of the Service and the Site Content, or any portion thereof, will be consistent with the licenses, covenants and restrictions in this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
You agree that MobileHdServer may refer to or feature your User Mobile Site on its own websites or promotional materials at any time, in its discretion (although you may opt out of this by contacting MobileHdServer in writing).
Submissions to MobileHdServer Belong to MobileHdServer.
MobileHdServer is pleased to hear from you and welcomes your comments regarding the Service and Site Content. In the event that you submit ideas, suggestions, materials or other information to MobileHdServer, whether at the request of MobileHdServer or not (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of MobileHdServer. None of the Submissions will be subject to any obligation of confidence on the part of MobileHdServer, and MobileHdServer (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, MobileHdServer will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against MobileHdServer or its, successors, assigns, officers, directors, employees and agents.
Warranty Disclaimers and Limitations of Liability.
If you have paid all fees due, MobileHdServer covenants that it will deliver the Service in accordance with applicable industry standards. In the event of any breach of such covenant, or other failure or defect with respect to the Service, the sole and exclusive remedy of the User, and the sole and exclusive liability of MobileHdServer, shall be, at MobileHdServer’s option (a) to re-perform the Service to remedy the defect or failure or (b) to refund the amount paid for the period during which the Service was alleged to be defective.
Except as stated in the previous paragraph, MobileHdServer make no representations or warranties of any kind regarding the Service and the Site Content, and MobileHdServer EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from MobileHdServer, or through the Service or Site Content will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM MOBILEHDSERVER OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF MOBILEHDSERVER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF MOBILEHDSERVER FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO MOBILEHDSERVER FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnity of MobileHdServer Termination of Use.
You agree to indemnify, hold harmless, and at their respective options, defend MobileHdServer from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Service or Site Content. For any indemnified matter, MobileHdServer will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with MobileHdServer in such matter.
MobileHdServer may, at its option, suspend or terminate any User’s access to any or all of the Service, including your password and account, at any time on notice to you. If such termination occurs due to breach of this Agreement by you, you will not be entitled to any refund on account of termination. If termination is not due to breach of this Agreement by you, termination will take effect at the end of the then-applicable billing cycle, and no further payments shall be due from you.
Link to the Privacy Policy.
MobileHdServer operates the Service under the PRIVACY POLICY published at MobileHdServer website. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
Minors
This Service is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or send any information about yourself to us.
Links to Third Party Service Are Not Endorsements.
The Service may contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by MobileHdServer. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
