INTRODUCTION
Welcome to the iMobbit ("iMobbit", "We", "Our") mobile device software application.
BEFORE USING ANY IMOBBIT SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE IMOBBIT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE IMOBBIT REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE IMOBBIT SERVICES IMMEDIATELY.
1. IMPORTANT DISCLAIMERS.
THE IMOBBIT SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE IMOBBIT SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
2. MODIFICATION OF THIS AGREEMENT
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the IMobbit Services after the posting of any modifications or changes constitutes your binding acceptance of such changes.
3. USAGE RULES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
a.use the iMobbit Services or any location information displayed within the iMobbit Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;
b.include offensive or pornographic materials in your IMobbit Services personal profile page;
c.use the iMobbit Services for any commercial or non-private use, it being understood that the IMobbit Services are for personal, non-commercial use only;
d.use the iMobbit Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
e.make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the IMobbit Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
f.impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the IMobbit Services accounts of other Users;
g.share iMobbit passwords or access to your mobile device while iMobbit is running and accessible with any third party or encourage any other user to do so;
h.misrepresent the source, identity or content of information transmitted via the iMobbit Services;
i.remove, circumvent, disable, damage or otherwise interfere with security-related features of the iMobbit Services, features that prevent or restrict use or copying of any content accessible through the IMobbit Services, or features that enforce limitations on use of the iMobbit Services;
j.intentionally interfere with or damage operation of the iMobbit Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
k.post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
l.post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
m.use the iMobbit Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
n.use the iMobbit Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the iMobbit Services could lead directly to death, personal injury, or severe physical or property damage.
o.attempt to gain unauthorized access to the iMobbit Services, or any part of it, other accounts, computer systems or networks connected to the iMobbit Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the iMobbit Services or any activities conducted on the iMobbit Service;
p.use any robot, spider, scraper or other automated means to access the iMobbit Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the iMobbit Services or modify the iMobbit Services in any manner or form, nor to use modified versions of the iMobbit Services, including (without limitation) for the purpose of obtaining unauthorized access to the iMobbit Services; or
q.sell or transfer or allow another person to access your account password, profile, or iMobbit Services account.
4. USAGE
4.1 IMOBBIT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, IMOBBIT ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE IMOBBIT SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
4.2 You alone are responsible for your involvement with other Users. iMobbit reserves the right, but has no obligation, to monitor disagreements between you and other Users.
4.3 iMobbit does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the iMobbit Services.
PLEASE NOTE: IMOBBIT RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
5. END USER LICENSES
LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the iMobbit Software you must have a mobile device that is compatible with the iMobbit Services. iMobbit does not warrant that the iMobbit Services will be compatible with your mobile device.
a.License Grant. iMobbit hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the iMobbit Software as follows: You may use the iMobbit Software for one iMobbit Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
b.Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the iMobbit Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the iMobbit Software to any third party or use the iMobbit Software to provide time sharing or similar services for any third party; (iii) make any copies of the iMobbit Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the iMobbit Software, features that prevent or restrict use or copying of any content accessible through the iMobbit Software, or features that enforce limitations on use of the iMobbit Software; or (v) delete the copyright and other proprietary rights notices on the iMobbit Software.
c.Software Upgrades. You acknowledge that iMobbit may from time to time issue upgraded versions of the iMobbit Software, and may automatically electronically upgrade the version of the iMobbit Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
6. VIOLATIONS; TERMINATION
You agree that iMobbit, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the iMobbit Services or use of the iMobbit Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the iMobbit Services or any account you may have or portion thereof may be effected without prior notice, and you agree that iMobbit will not be liable to you or any third-party for any such termination. iMobbit does not permit copyright infringing activities on the iMobbit Services, and reserves the right to terminate access to the iMobbit Services, and remove all content submitted, by any persons who are found to be repeat infringers.
7. DISCLAIMERS; NO WARRANTIES
THE IMOBBIT SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IMOBBIT SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IMOBBIT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IMOBBIT DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE IMOBBIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE IMOBBIT SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IMOBBIT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE IMOBBIT SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT IMOBBIT) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE IMOBBIT SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IMOBBIT SERVICES AT YOUR OWN DISCRETION AND RISK.
8. Map data based on Yandex Maps data, OpenStreetMap and CloudMade data.
OpenStreetMap and CloudMade data can be used freely under the terms of the Creative Commons Attribution-ShareAlike 2.0 license. Map engine based on "route-me", which is distributed under terms and conditions of BSD license. The Route-me library is copyright (c) 2008, Route-Me Contributors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Russia Federation.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.