Terms and Conditions
The English language version of this Terms and Conditions shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
We at BeMob Inc. (“BeMob,” “we,” or “us”) welcome you to use the BeMob website located at www.bemob.com (“Website”) and the Service available thereon, including without limitation the Service that enable you to create, test and host promotion specific custom landing pages for online marketing purposes (“Service”).
Changes to These Terms
FEES AND PAYMENT
You must be at least eighteen (18) years of age to use the Website. Moreover, you represent and warrant that you will use the Website in compliance with all applicable laws and regulations. Use of the Website is unauthorized in any jurisdiction where the Website or any part of it may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions.
The Website and the Service available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, “Content”), to BeMob for the purpose of providing the Service. You acknowledge and agree that you are solely responsible for all the Content you submit, provide, or upload and the consequences for submitting, providing, or uploading it. Similarly, your use of, or reliance on, any material or content posted on the Website is at your own risk.
BeMob will use the Content you upload solely in connection with providing the Service to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Website and/or the Service, you grant to BeMob a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display all or any portion of such Content, solely in connection with providing the Service to you. This license includes the right to host, index, cache, or otherwise format your Content in order to provide the Service.
You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to BeMob or BeMob’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person or entity.
BeMob retains the right to use or distribute any Aggregated Data generated by our customers or users. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages, or end-users, and which have been manipulated or combined to provide generalized, anonymous information.
Your Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide, form your “Profile Information” and allow you to access your account (“Account”). You agree to provide true, accurate, current, and complete information about yourself, and you may not misrepresent your Profile Information.
Your right to access and use the Service is provided personally to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are obliged to immediately notify BeMob.
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate.
Fees, Pricing, and Payment
By accessing the Website through your device, your internet provider may charge fees for the use of the Website. You are solely responsible for the payment of all such fees, such as internet service provider or airtime charges.
Subscription Plans, Pricing, and Payment
Upon the registration, you will be provided by an unlimited free period of using the Service (“Basic Period”). You agree to follow all terms and conditions, including limitations on the data retention, estimated number of events per month, and charge for over limit visits related to the Basic Period. You shall not sign up for numerous (more than one) Accounts in order to receive any additional benefits under the Basic Period (such as limit increase of the amount of traffic etc.).
BeMob reserves the right to modify, suspend or discontinue terms and conditions of the Basic Period, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of these Terms. BeMob shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension, or discontinuance.
To meet the requirements of your business purposes you have ability to choose one of our four (4) subscription plans. You agree to pay a bill for the period of using the Service specified in the Subscription plan.
The period of using the Service may be of thirty (30) calendar days for the monthly Subscription plan. The total amount of a monthly fee varies depending on:
- the selected Subscription plan;
- the amount of traffic sent to the webpages hosted by you using the Service that exceeded the traffic limit of your current Subscription plan;
- any additional features, adjuncts or modifications of your Account, the Service or Subscription plan that you select. A fee shall be billed in advance for the period of using the Service.
The advanced fee amount is specified in the Subscription plan and is non-refundable. We do not refund and accept a payment for a partial month of the Service or for periods in which your Account remains open but you do not use the Service.
If the total amount of traffic delivered to your web pages, which you host by using the Service, exceeds the limit specified in Subscription plan, you will be additionally billed for the extra amount of traffic after the 30-day period. This bill will be available in the “Subscriptions/Invoice” section. You shall pay the additional bill within 10 days from the moment of its issue. If you fail to pay during this period, your Account will be blocked.
We reserve the right to modify our Subscription plans at any time by posting such fee changes in the cost of the Service section on the admin panel or on the Website upon 15 days’ written notice to our users. Price changes will take effect at the beginning of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Website after the price change takes effect.
At our discretion, we may offer discounted pricing for use of the Service. Depending on the selected type of Subscription plan, the discount will be applied to the first thirty (30) days of use for the monthly Subscription plans. Once the term of a discount period expires, you agree that our normal billing rates shall apply.
You may change your Subscription plan to another with a lower pricing at any time. To do this, please contact us in order to receive all necessary information. If you have any questions about the downgrade of your current Subscription plan, please contact our Customer Support.
Renewal Billing Policy
We operate an automatic renewal billing policy. This means that once the initial period of your Subscription plan has expired, for your convenience, your Subscription plan will automatically be renewed at the same rate that you signed up for using the original payment method until you cancel the Subscription. For example, if you pay by credit card, we will continue to debit this same credit card when each period of Subscription plan expires.
By the end of the period of the current Subscription plan, on the condition that the repeat billing was made successfully and the period of the Subscription plan is prolonged, you will receive the same set of features that corresponds to the selected Subscription plan for the same period. In case the payment for the specified period fails, your Account will be downgraded to the Basic period.
If there are any questions about the process of automatic Subscription plan renewal, please contact our Customer Support through the means indicated on the Website.
You may cancel your Subscription plan at any time. To do this, please contact us and as a result, the automatic billing of your Subscription plan will be canceled. After cancellation, you will receive a notification that your Subscription plan has been canceled. After cancellation of your paid Subscription plan, you will have an access to your Account in the mode of the Basic Period during 30 days.
You will remain liable for all charges accrued on your Account up to the time when you downgrade, including the full monthly fees for the month in which you have downgraded your Account. BeMob is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or after your Account has been downgraded to the Basic Period. BeMob may keep your Account and your Content indefinitely following cancellation or after your Account has been downgraded to the Basic period.
You agree to safeguard, keep secret, and not to disclose to any third party any Confidential Information acquired, learned, or provided from BeMob during the term of these Terms or following the expiration or termination of these Terms. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
INTELLECTUAL PROPERTY; LICENSE TERMS
These Terms confer only the right to use the Website while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Website. All rights, title, and interest, including any copyright, patent, trade secret, or other intellectual property rights in the Website (“Our Content”) will remain our sole property.
The copy of the Website is licensed, not sold, to you. You agree that we and our licensors own all rights, title, and interest in and to the Website, including all intellectual property rights in it. You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings that may appear on the Website.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, limited-purpose, and non-sublicensable license to access and use the Service that are subject to a valid Subscription plan through any authorized device you own and control, and to use the Website solely for your personal, non-commercial use. We reserve all rights to the Website not expressly granted to you in these Terms.
Except as expressly specified in these Terms, you may not: (a) copy, modify, or create derivative works of the Website, including adaptations or modifications to the Website; (b) sell, rent, lease, distribute, transfer, sublicense, lend, or otherwise assign any rights to the Website to any third party; (c) make the Website available to multiple users by any means, including by making the Website available over a network where it could be used by multiple devices at the same time; (d) disassemble, decompile, reverse-engineer, or attempt to derive the source code of the Website or permit a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions on the Website that allow you to use the Website only in certain ways.
You acknowledge that any ideas, suggestions, concepts, processes, or techniques which you provide to BeMob related to the Service, the Website, or BeMob or its business (“Feedback”) shall become BeMob’s property without any compensation or other consideration payable to you by BeMob, and you do so of your own free will and volition. BeMob, in its sole discretion, may use or incorporate the Feedback into the Website in whatever form or derivative we will decide, either it can be software, the Service, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to BeMob in any Feedback and, as applicable, waive any moral rights.
We are not obliged to maintain or support the Website, to provide any specific content through the Website, or to provide you with updates, upgrades, or the Service related to the Website. You acknowledge that we may in our sole discretion issue updates or upgrades to the Website, disable access to the Website for any period of time or permanently, and automatically update or upgrade the version of the Website that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Website.
The license to the Website granted under these Terms remains in effect until terminated by you or us or until the day after the last day of the current Subscription period. You may terminate the license at any time by destroying all copies of the Website in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Website and promptly delete and destroy all copies of the Website. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Website that in your good faith belief may infringe someone’s copyright, you may notify us by emailing us at email@example.com with “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
- The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed;
- A sufficiently detailed description of the content on the Website that you claim infringes the copyrighted work;
- Your contact information, including your full name, mailing address, telephone number, and email address, if available;
- A statement that you believe in good faith that the use of the allegedly infringing content on the Website is not authorized by the copyright owner, its agent, or the law;
- This statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is infringed”; and
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter-notice. When we receive your counter-notice, we may, in our discretion, reinstate the material in question in not fewer than 10 nor more than 14 days after we receive the counter-notice, unless we first receive notice from the original complaining party who filed the infringement notice that it has filed a legal action to restrain the allegedly infringing activity. To provide a counter-notice to us, you may email us at firstname.lastname@example.org. Please note that if you provide a counter-notice, in accordance with the terms of the DMCA, the counter-notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter-notice must contain substantially all of the following information:
- Identification of the material that has been removed or to which access has been disabled on the Website and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, telephone number and, if available, email address;
Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
“I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which BeMob may be found, and I will accept service of process from the complaining party who notified BeMob of the alleged infringement or an agent of such person.”
- Provide your full legal name and your electronic or physical signature.
The list below contains examples of behaviors that are prohibited on the Website:
Publishing or making available any Content that, or use the Website in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content transmitted through the Website to users; or
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other the Service, products or commercial interests;
- Impersonating another person or entity, including but not limited to impersonating yourself as a BeMob employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Website or a portion thereof without proper authorization;
- Accessing or using the Website in an unlawful way or for any unlawful purpose;
- Transmission of any data, materials, content or information which is libelous, defamatory, obscene, harmful, fraudulent, invasive of another’s privacy, false or contrary to the ownership or intellectual property rights of any other person, or in any way or otherwise unlawful;
- Accessing the Website for the purposes of building a product using similar ideas, features, functions, interface, or graphics as those found on the Website and/or access the Website for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- Collecting, using, or disclosing data, including personal information about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations, and request, solicit, or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Website for the purposes of automating logins to the Website;
- Transmission of viruses, malware, or other malicious code in the Website;
- Copying, archiving, storing, reproducing, rearranging, modifying, downloading, uploading, creating derivate works from, displaying, performing, publishing, distributing, redistributing or disseminating all or any part of the Website;
- Modification, reverse-engineering, or other manipulation of the Website; and
- Interfering with, or disrupting, the Website.
In order to ensure the integrity of the Website, we reserve the right at any time in our sole discretion to block users with certain unique device identifiers from accessing the Website.
PRIVACY AND SECURITY
- Engage in unauthorized collection of users’ content or information or otherwise access the Website by automated means (including using so-called bots or scrapers) without an authorization from us;
- Reveal any personal data related to another individual, including a person’s address, phone number, email address, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
- Use a username that is the name of another person and intending to impersonate that person; or
- Provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Website and take full responsibility for any use of the account under your password.
The Website Is Available “AS-IS”
Your access to and use of the Website is at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content on the Website. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained on the Website. We make no warranty that the Website 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 Website or our representatives, will create any warranty not expressly made in these Terms.
BeMob makes no guarantee regarding (a) the amount, timing, and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the Website; or (b) the compatibility of your software, hardware, or content with the Website.
ВeMob is not responsible for the acts or omissions of, or for the failings of, any third-party provider of any content, service, network, software or hardware, including but not limited to, internet service providers, hosting the Service utilized by BeMob, telecommunications providers, content provided by other users, or any software or hardware not provided by BeMob.
You are solely responsible for ensuring that your content is compatible with the Website. BeMob disclaims any liability or responsibility for any unauthorised use of your content by third parties or other users of the Website and is not responsible for protecting your content.
Links to Third-Party Websites
The Website may contain links to websites owned or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third-party website on the Website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available there. By accessing a third-party website, you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICE, LOSS OF GOODWILL; OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ALL CASES OUR MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF:
(A) $100; AND
(B) THE TOTAL AMOUNTS YOU PAID TO BEMOB IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE.
IN SOME JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold BeMob, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
BeMob reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BeMob and you agree to cooperate with BeMob’s defence of these claims. You agree not to settle any matter without the prior written consent of BeMob. BeMob will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Resolution of Disputes
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
If there is any dispute between you and BeMob about or involving these Terms, the Website, or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict-of-laws provisions. You hereby agree to submit to the exclusive jurisdiction of the courts located in New York County, New York, USA with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms, the Website, or the Service, howsoever arising, provided always that BeMob may seek and obtain injunctive relief in any jurisdiction.
You agree that these Terms are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
If you have any questions about these Terms, please contact us at email@example.com or by mailing us at 651 N Broad St, Suite 206, Middletown, Delaware 19709, United States.
Term and Termination
We reserve the right to discontinue offering the Website or to modify the Website at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Website at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.