This Terms of Service (“Agreement”) is a contract between you and Mobiamo Inc. (“Mobiamo”) and governs your use of Mobiamo. By accessing or using Mobiamo, you acknowledge that you accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully. By accessing Mobiamo’s website, completing a purchase with Mobiamo, or otherwise using Mobiamo’s services, you agree that these Terms of Service form a binding legal contract between you and Mobiamo.
Mobiamo operates as a digital e-commerce distribution platform to allow users to purchase digital content and services (the “Product(s)”) that Mobiamo resells from merchants around the world. Mobiamo sells the Products and provides you with various local payment options to complete your purchase transaction.
If you choose to remain logged into your Account, Mobiamo will recognize you when you return to Mobiamo or visit other publishers who use Mobiamo. If you log out, clear the cookies in your web browser, or use a different device, you may also be able to log back into your Account using the email address and password you originally provided to setup your Account. As long as you are logged in, your personal information may be used when you make purchases from publishers who use Mobiamo’s digital e-commerce distribution platform.
You authorize Mobiamo, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information such as requiring you to provide your date of birth, confirming your email address or funding instruments, verifying your information against third party databases or through other sources, and other information that will allow us to reasonably identify you.
When you submit a purchase request, your request shall constitute an offer by you to purchase the Products at the price and terms stated at checkout, and is subject to our acceptance of the purchase request. Mobiamo shall only be deemed to accept your purchase request when it has coordinated the delivery of the Products to you and received your payment of the purchase price in the respective payment method you chose to submit the purchase request. All orders are final, non-cancelable, and non-refundable, except if specified in the refund policy for a specific purchase.
We describe the Products available for purchase as accurately as possible. However, we do not warrant that the prices and descriptions made or referred to on Mobiamo or any related websites are accurate, complete, reliable, current, or error-free. The descriptions do not constitute an offer and Mobiamo may withdraw them or revise them at any time prior to the time that Mobiamo accepts your purchase. The Product information is made available to Mobiamo by the Product manufacturer or publisher and are merely intended to represent a basic illustration of the Products. The information shall not be construed to constitute a warranty or representation that the Products will conform with the same. You must refer to the manufacturer’s warranty documentation to investigate any rights and remedies regarding any available Product warranties.
All purchases are subject to your consent to any applicable license agreement or usage terms that are delivered with, included in, or otherwise presented in connection with the Product you purchased. If you do not agree to the terms, do not accept them and do not complete the purchase. We may reject your order (without liability) if we are unable to process or fulfill it. We cannot guarantee that all items are in stock or immediately available when you submit your order. In such a case, we will refund any prior payment that you have made for that item.
We will use all commercially reasonable efforts to ensure delivery of Products in a timely manner. Except as expressly stated in this Agreement, the risk of loss or damage to the Products passes to you for the Products delivered digitally, upon the provision to you of a download link, via email or other electronic delivery method. If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall nonetheless pass to you, and Mobiamo shall remain entitled to payment in full for the Products delivered. You agree that Mobiamo is not liable for any damages resulting from a participating publisher’s decision to not deliver the Products upon the completion of the order.
If you have a question about any aspect of your purchase, please contact us so that we can help to resolve the issue. If you have an Account, you can create a support ticket by signing in to your account and providing the necessary information. If you have not created an Account yet, you can sign up for your own Account. You may also email any questions to info@Mobiamo.com.
If you believe that your work has been copied and is accessible via the Mobiamo platform in a way that constitutes copyright infringement, please follow the instructions to Report Abuse on possible copyright infringement.
If you want to delete your personal information, change your settings, or stop storing information using your Account, you can send an email to support@Mobiamo.com.
Mobiamo takes reports of illegal activity such as copyright and trademark infringement seriously. Mobiamo respects the intellectual property rights of others and abides by United States intellectual property laws, including the requirements of the Digital Millennium Copyright Act (DMCA). Mobiamo requires each of its merchants to pledge that they will not engage in any illegal activity and will not violate the rights of third parties.
In response to a valid claim of infringement regarding any merchant using Mobiamo’s services, Mobiamo may take action when necessary including disconnecting or disassociating the Mobiamo services from the infringing content.
Pursuant to applicable law and the Digital Millennium Copyright Act (17 U.S.C. § 512), Mobiamo applies the following process to any third party claims of infringement. In order to investigate any alleged infringement, Mobiamo asks the owner or its authorized agent to submit a notice of infringement containing the following information:
Your name and email address.
Name of the intellectual property owner (if different).
Information about the intellectual property:
Trademark name or description of the copyrighted material (attach the registration certificate, if applicable).
Registration Number (if applicable).
Company name and website (if the owner is a company).
Location of the infringing content (please copy and paste the URL from your browser).
Specific description of how your intellectual property rights are allegedly infringed.
This statement: "I swear, under penalty of perjury, that the information provided in this notice is accurate, and I am the owner or am authorized to act on behalf of the owner of an exclusive right to the intellectual property described herein."
Your physical signature or digital signature.
Please send the completed notice to Mobiamo as follows:
and by mail:
Attn: Infringement Reports
Unit 701-702 7/F, 8 Jordan Rd,
Yaumatei KLN, Hong Kong
By submitting a notice of infringement to Mobiamo, you authorize Mobiamo or its agent to forward the information in your notice to the person who is allegedly responsible for the infringing content.
Please be aware that under federal law, any person who makes a false claim or knowingly submits an inaccurate notice of infringement may be personally liable to Mobiamo, the alleged infringer, the intellectual property owner, and/or any other injured party. Such false statements may cause you to be liable for any monetary damages, court costs, and attorney’s fees incurred by any party who is injured because they relied on your representations.
This information should not be construed as legal advice and you should seek the advice of legal counsel before submitting a notice or claim regarding infringement.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Except where Mobiamo is required to collect taxes by law, Mobiamo is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Each Product sold, exported, transferred, supplied or licensed by us may be subject to and governed by the laws of the United States and other countries. You agree to comply with all export laws and regulations that apply to the Products.
By using Mobiamo or creating an account, you represent and warrant that you are at least 18 years of age and that you will not use any Mobiamo system and services for any fraudulent, unlawful or abusive purpose. When you provide a funding instrument to Mobiamo, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize Mobiamo to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. Mobiamo does not guarantee and is not responsible to perform any verification of information provided by users, including with regard to their legal capacity or age. The accuracy of this statement is your sole responsibility. This Section shall survive the termination of the Agreement.
Mobiamo limits or does not provide services to certain categories of business models (“Restricted Businesses”) and/or specific individuals or entities (“Sanctioned Entity or Individual”). Restrictions are imposed by the payment partners, credit card networks, acquiring banks, U.S. and international institutions and authorities. By accepting these Terms of Service, you acknowledge that you are not using the Mobiamo Services for activities that violate any law, statute, ordinance, or regulation. You also confirm that you are not a Sanctioned Entity or Individual and will not use the Mobiamo Services in connection with any of the Restricted Businesses. A list of the Restricted Businesses can be found here. You can also check if you are a Sanctioned Entity or Individual here. The list of Restricted Businesses and Sanctioned Entity or Individual are not inclusive and are subject to change. If you are uncertain as to whether your business is a Restricted Businesses, or you are uncertain as to whether you are a Sanctioned Entity or Individual, please contact us at info@Mobiamo.com.
Sanctions against businesses and individuals (“Sanctioned Entity or Individual”) are imposed by U.S. and international institutions and authorities. By registering for a Paymentwall merchant account, you are confirming that your business is not operating, registered, or incorporated within the following countries:
Bosnia and Herzegovina
Crimea Region of Ukraine
You are also confirming that your business, its directors, or beneficial owners are not included in any of the following designated or consolidated sanctions lists:
U.S. Department of the Treasury Specially Designated Nationals List (SDN).
U.S. Department of the Treasury Consolidated Sanctions List.
Consolidated list of persons, groups and entities subject to EU financial sanctions.
Consolidated United Nations Security Council Sanctions List.
U.K. HM Treasury consolidated list of targets.
U.K. HM Treasury list of persons subject to restrictive measures in view of Russia's actions destabilising the situation in Ukraine.
Australian Consolidated List of Targets.
If you are uncertain as to whether you are a Sanctioned Entity or Individual, please contact us at firstname.lastname@example.org.
Mobiamo does not provide services to certain categories of business models (“Restricted Businesses”). Restrictions are imposed by the payment partners, credit card networks, acquiring banks, U.S. and international institutions and authorities. By registering for Mobiamo merchant account, you are confirming that you will not use the Mobiamo Services for any activities that violate any law, statute, ordinance, or regulation and/or in connection with the following businesses, business activities or business practices:
|Adult content and services||Pornography and other obscene materials, including literature, images, video, hentai. Sexually-related services such as prostitution, escort services, mail-order brides, adult live chats, and adult phone service.|
|Gambling||Lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues and social gambling with cash prizes, internet gambling, games of chance.|
|Prohibited goods and services||Narcotics, marijuana, prescription drugs, pharmaceuticals, and medical devices. Legal highs (poppers, psychotropic mushrooms/cactuses). Alcohol products. Tobacco, e-cigarettes, and e-liquid. Weapons and ammunitions, gunpowder and other explosives. Hazardous materials (chemical, radioactive, biohazard, corrosive, caustic, volatile, combustible). Jewelry, precious stones. Cosmetics. Vitamins, minerals, health supplements. Animals. Crops, plants, and other perishable goods. Spytools (card data collectors, keyloggers, jammers). Modchips.|
|Intellectual property or proprietary rights infringement||Product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of counterfeit music, movies, software, games, newspapers, or other licensed materials. Unauthorized sale or resale of brand name or designer products or services. Goods or services that are illegally imported or exported.|
|Electronics||Sale and resale of laptops, mobile phones, smartphones, TVs, and other electronic devices. Hardware and any parts of electronic devices.|
|Cryptocurrencies||Bitcoin or other cryptocurrency wallet, cryptocurrency storages, cryptocurrency mining.|
|Airlines||Air transport services for traveling passengers and freight, aircraft rent of any kind.|
|Multi-level marketing||“Get rich quick” seminars, pyramid schemes, network marketing, and referral marketing programs, email spam.|
|Investment and money services||Money transmitters, check cashing, stock / currency trading and courses, wire transfers, money orders, currency exchanges or dealers, e-money exchange, sale of bonds, collections agencies.|
|Server testing||DDoS attack tools, firewall testing tools.|
|No-value-added services||Sale or resale of a service without added benefit to the buyer.|
BY ACCEPTING THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT MOBIAMO IS NOT THE MANUFACTURER OF THE PRODUCTS WE SELL TO YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS THAT YOU PURCHASE FROM US AND MOBIAMO SERVICES ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS OR MOBIAMO SERVICES ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS OR MOBIAMO SERVICES. MOBIAMO DOES NOT WARRANT THAT THE PRODUCTS OR THE MOBIAMO SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. MOBIAMO SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY SALES TRANSACTIONS.
EXCEPT WHERE OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL MOBIAMO BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH MOBIAMO OR ANY PRODUCTS PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF MOBIAMO, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MOBIAMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL Mobiamo’S AGGREGATE LIABILITY (WHETHER FOR CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) ARISING FROM OR RELATING TO THE AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PRODUCTS WHICH GIVE RISE TO SUCH LIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS LIMIT MOBIAMO’S LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire,flood or other acts of God, labor conditions, power failures and Internet disturbances.
You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to the Products you purchase from Mobiamo or your violation of this Agreement. To the fullest extent permitted by law, we shall have no liability to you in the event of the Products or Mobiamo services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer. We shall be obliged to transfer to you only such right or title as we have.
By registering for an Account or making a purchase from Mobiamo, you consent to receive all disclosures and notices electronically and that Mobiamo may post such disclosures and notices on our website or email them to the email address you provide in your Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 48 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Mobiamo may, in its discretion, make changes to this Agreement. If Mobiamo considers any such changes material, we will notify you in accordance to the terms of this Agreement. We may also provide notices of changes to the Agreement or other matters by displaying links to notices on the Mobiamo Website. By continuing to use Mobiamo after those changes are made, you are expressing and acknowledging your acceptance of the changes.
You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign the Agreement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, the Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Mobiamo reserves the right to terminate your use of Mobiamo’s services, including your Mobiamo Account, if you violate this Agreement or any other applicable terms posted on the Mobiamo website or for any other reason in our sole discretion. In the event of any termination, Mobiamo may delay payment to Publisher for up to six months, or longer if necessary, and may deduct from the payout any amounts necessary to satisfy any debts or obligations that result from the Publisher’s account. Following the reconciliation of any anticipated obligations, Mobiamo will remain liable for any amount remaining of Total Net Revenue due to Publisher through the effective date of termination and such obligation to pay shall survive any termination of this Agreement.
Mobiamo’s failure to exercise or enforce any right or provision of the Agreement will not be considered a waiver of that right or provision. Any dispute hereunder will be privately negotiated in good faith between the parties within forty-five (45) calendar days commencing upon written notice from one party to the other. If the parties fail to privately resolve any dispute, the parties shall submit to arbitration performed by a mutually agreed upon arbitration provider in San Francisco, California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. In the case that the arbitration provision does not apply to you or a particular dispute, you expressly agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state or federal courts in and for San Francisco, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Agreement, including Mobiamo’s policies governing the services referenced herein, constitutes the entire agreement between you and Mobiamo with respect to the use of the Service. The Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Mobiamo which each shall be a third party beneficiary of the Agreement, and no other person will have the ability to assert any rights as a third party beneficiary under the Agreement. This Section shall survive the termination of the Agreement.
8 the Green, Ste A, Dover,
DE 19901, United States
You may reach us via e-mail at info@Mobiamo.com