Mobi Stream Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our Services, including our game service that combines video sharing and social networking, messaging services, APIs, email notifications, applications, buttons, widgets, ads, commerce services and our various websites (the “Mobi Stream Services”), and our other services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Mobi Stream Services is public by default and will be able to be viewed by other users and through third party services and websites. You may go to the setting section to control who sees your Content. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Mobi Stream and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are under the age of 13, please do not use the Service. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Mobi Stream provides are always evolving and the form and nature of the Services that Mobi Stream provides may change from time to time without prior notice to you. In addition, Mobi Stream may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Mobi Stream on the Services are subject to change. In consideration for Mobi Stream granting you access to and use of the Services, you agree that Mobi Stream and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Advertising may content discovery include links to allow you to download apps.
You do not have to register to use the Service. However, in order to access certain features of the Service, you must register. When you register with Mobi Stream, you can do so directly or via certain external social networking or gaming sites. Also, when you register, you agree to:(i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the Service (the "Registration Data"). You represent and warrant that all of your Registration Data is accurate, current and complete. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Mobi Stream cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Mobi Stream be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) such as on our website or syndicated to Game Publishers or Connected Sites.
You agree that this license includes the right for Mobi Stream to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Mobi Stream for the syndication, broadcast, distribution or publication of such Content on other media and services including gaming services.
Such additional uses by Mobi Stream, or other companies, organizations or individuals who partner with Mobi Stream, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media such as mobile networks.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Mobi Stream will not be responsible or liable for any use of your Content by Mobi Stream in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
Mobi Stream gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Mobi Stream as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mobi Stream, in the manner permitted by these Terms.
7. Mobi Stream Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Mobi Stream and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Mobi Stream name or any of the Mobi Stream trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Mobi Stream, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Further Rules Regarding Game Play Content and Connected Sites
Mobi Stream allows for the creation and sharing of content via the Service and on other social networking, gaming and other applications and website and interaction with other.
You can create gaming content when you upload, transmit, distribute, store, create or otherwise publish through the Service including the Game Recordings and Player Recordings (as each are defined below). When you play games (within which the Service is embedded), your game play and interactions with the game may be recorded, in both audio and video, as you play the game ("Game Recording"). By using the Service, you consent to the creation of the Game Recordings. Additionally, you may be able to use the Service to record video and audio of you, through the mobile device's camera and microphone, while you are playing the game ("Player Recording"). Player Recordings may be modified by you. By using the Service, you consent to the creation of the Player Recordings.
You may share your Content to the Service and via the Service to other social networking, gaming and media applications and websites, including Facebook, Twitter and YouTube (each a, "Connected Site"). If any elements or assets of games are included in your Content, you must comply with the terms below. When you share your Content to the Service or via the Service to a Connected Site:(i) your Content becomes public and others may re-post it; (ii) you must abide by Mobi Stream's content and conduct rules (see below) and (iii) you and your Content may become subject to third-party application and website policies and rules (including, Game Publishers' rules and policies) if your Content is posted on a Connected Site.
The content you upload, transmit, distribute, store, create or otherwise publish through the Service must comply with the user content and conduct rules below. Enforcement of these rules is solely at Mobi Stream’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
You agree not to upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
Using the Mobi Stream Service does not grant you any rights not granted to you by the Game Publisher. If you would like to share videos that feature or contain elements of a game for any purpose other than non-commercial purposes, you must contract the applicable Game Publisher. The games and the assets and elements of the games are subject to Game Publisher’s proprietary rights.
The Service is provided to you free of charge. Mobi Stream is able to provide the Service to its users for no charge because the Service is supported by other revenue sources including advertising and download referral fees. You acknowledge and agree that any advertising or other revenue derived from content that you share on the Service or via the Service to Connected Sites and/or other sites does not belong to you. It belongs to Mobi Stream.
By using a game that has embedded the Service, your use of the game and related activities (e.g., sharing content) are subject to the applicable Game Publisher's terms and conditions. Likewise, by interacting with a Connected Site (whether sharing content with a Connected Site or otherwise), your interactions with the Connected Site are subject to the applicable Connected Site's terms and conditions. Since your Content and the way you use it may be subject to the terms and conditions of Game Publishers and Connected Sites, please review the policies and terms of such Games Publishers and Connected Sites.
Game Publishers, at their sole discretion, may (but do not have an obligation to) remove, screen or edit certain content or other information uploaded, transmitted, distributed, stored, created or otherwise published through the Service embedded in their games. For instance, if a Game Publisher believes that a user is sharing content detailing ways to cheat in a game, the Game Publisher may remove such content.
Game Publishers may use an API to access content you have uploaded, transmitted, distributed, stored, created or otherwise published through the Service and/or your social connections on the Service and use such content and information in its games. For example, a Game Publisher may show content from Mobi Stream in its game's main menu.
Mobi Stream does not control, and makes no representations or warranties of any kind regarding, any games or the acts, omissions or otherwise of Game Publisher or Connected Sites including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. You should be aware that when you interact with a game, Connected Site or other site, Mobi Stream's Terms of Service may no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Connected Sites and Game Publishers when you navigate away from the Service or do any actions.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Mobi Stream, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mobi Stream’s computer systems, or the technical delivery systems of Mobi Stream’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mobi Stream (and only pursuant to the these Terms of Service), unless you have been specifically allowed to do so in a separate agreement with Mobi Stream; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services or (vi) rent, lease, lend, sell, redistribute or sublicense the Service.
9. Copyright Policy
Mobi Stream respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Mobi Stream will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Mobi Stream, Inc.
Attn: Copyright Notices
201 San Antonio Circle, Suite 115
Mountain View, CA 94040
Email: [ ]
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Mobi Stream as follows.
You may end your legal agreement with Mobi Stream at any time for any or no reason by sending an e-mail to [ ] to deactivate your accounts and discontinuing your use of the Services. You do not need to specifically inform Mobi Stream when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Mobi Stream’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Mobi Stream and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Mobi Stream Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Mobi Stream ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Mobi Stream Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Mobi Stream Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Mobi Stream Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Mobi Stream Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Mobi Stream ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Mobi Stream ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Mobi Stream, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Mobi Stream ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Mobi Stream to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you live in the United States, these Terms are an agreement between you and Mobi Stream, Inc., 201 San Antonio Circle, Suite 115, Mountain View, CA 94040, U.S.A. If you have any questions about these Terms, please contact at [e-mail].
Effective: June __, 2016