THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND MOBLEE AND GOVERN USE OF AND ACCESS TO THE SERVICE BY YOU. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ATTENDEES MAY ORGANIZE THEIR VISIT TO THE EVENT, SEARCH FOR COMPANIES, SESSIONS AND OTHER PARTICIPANTS, LEARN ABOUT AND INTERACT WITH OTHER COMPANIES AND ATTENDEES DIRECTLY. YOU UNDERSTAND AND AGREE THAT MOBLEE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO COMPANIES OR ATTENDEES. MOBLEE HAS NO CONTROL OVER THE CONDUCT OF COMPANIES, SPEAKERS, ATTENDEES, ORGANIZERS AND OTHER USERS OF THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE EVENT SITE AND/OR THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APPLICATION, SERVICE, OR COLLECTIVE CONTENT.
When used in these Terms with the initial letters capitalized, in addition to the terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means any accounts or instances created by a User within the Service.
Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
Collective Content: means all data posted, transmitted or uploaded to the event application by mobLee, the Event Organizers or Users.
Confidential Data: means all information disclosed by You to mobLee or by mobLee and the Event Organizers to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to mobLee’s security policies and procedures.
Other Services: means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which You may connect to or enable in conjunction with the Service.
Personal Data: means any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.
Service: means mobLee mobile Application, together with mobLee’s API that will provide the Data presented in the application.
Service Data: means electronic data, text, messages, communications or other materials submitted to and stored within the Service by You in connection with Your use of such Service, which may include, without limitation, Personal Data.
Usage Data: means encoded or anonymized information or aggregated data that mobLee may collect about a group or category of services, features or users while You use the Service for certain purposes, including analytics, which does not contain Personal Data.
User: Any person registered or unregistered in the Application and that uses the Application and Service
“We,” “Us” or “Our”: means mobLee.
mobLee: means mobLee LTDA, the Company or any of its successors or assignees.
mobLee reserves the right, at its sole discretion, to modify the Application or Services or to modify these Terms, at any time and without prior notice. If We modify these Terms, We will either post the modification on Our Site or via the Application or otherwise provide You with notice of the modification. By continuing to access or use the Application or Services after We have posted a modification on the Application or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, Your only recourse is to cease using the Application and Service.
4. Account Registration
In order to access certain features, it may be required that You register for the Event through the Event Website or any other Registration Form provided by the Event Organizers prior to log in to the Application. Through this requirement You are obligated to accept the Terms of Service of the Event Website and to comply with their policies. The Event Terms are a responsibility of the Event Organizers. In case this does not apply, the registration will be made solely through the Application Registration Form.
Your Application Account and Profile will be created for Your use of the Application based upon the Personal Information You provide to Us. mobLee reserves the right to terminate Your Application Account and Your Access to the Account related features of the Application if any information provided during the registration process or thereafter proves to be fraudulent. You are responsible for safeguarding Your password. You agree that You will not disclose Your Password to any third party and that You will take sole responsibility for any activities or actions under Your Application Account, whether or not You have authorized such activities or actions. You will immediately notify mobLee at email@example.com or the Event Organizer of any unauthorized use of Your Application Account.
5. General Conditions
An Internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We assume no responsibility for the reliability or performance of any connections as described in this section.
In addition to complying with the other terms, conditions and restrictions set forth below in these Terms, You agree not to:
- Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by mobLee or any other third party (including another User) to protect the Service, Application or Collective Content;
- Falsely imply any sponsorship or association with mobLee;
- Impersonate any person or Entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or Entity;
- Use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights;
- Use the Service to send unsolicited or unauthorized bulk mail, junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
- Use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights;
- Use the Service in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
- Attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Service;
- Use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
- “Stalk” or harass any other user of the Application, Service or Collective Content;
- Use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);
- Attempt to use, or use the Service in violation of these Terms.
You are responsible for compliance with the provisions of these Terms for any and all activities that occur under Your Account, as well as for all Service Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Service Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes.
Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. mobLee reserves all rights in the Application not expressly granted to You by these Terms.
We reserve the right, in Our reasonable discretion, to temporarily suspend Your access to and use of a Service:
- During planned downtime for upgrades and maintenance to the Service (of which We will use commercially reasonable efforts to notify You in advance through the Application) (“Planned Downtime”);
- During any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks;
We and the Organizers reserve the right, in Our reasonable discretion, to delete any mail or content posted, transmitted or uploaded by You that is unlawful, racist, hateful, abusive, libelous, obscene, discriminatory or otherwise violates these Terms. Any User has the right to notify mobLee or the Event Organizers about behaviour and content that is in violation with these Terms, after which the content may be deleted and the User suspended or the User Account may be terminated under these Terms.
6. Data Privacy and Security
Subject to the express permissions of these Terms, each Party will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms. Such Confidential Information shall be disclosed:
- Solely to those of Our respective employees, representatives, subcontractors and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information;
- As necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction;
- As reasonably necessary to comply with any applicable law or regulation. The provisions of this Section shall supersede any non-disclosure agreement by and between the Parties that would purport to address the confidentiality and security of Service Data and such agreement shall have no further force or effect with respect to Service Data.
mobLee will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Service Data.
You agree that We and the Event Organizers shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to provide the Service, including, without limitation, in response to Your support requests.
7. Intellectual Property Rights
Each Party shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly stated herein, all rights, title and interest in and to the Service and all hardware, Software and other components of or used to provide the Service, including all related Intellectual Property Rights, will remain with mobLee and belong exclusively to mobLee.
mobLee’s Service names and logos used or displayed on the Service are registered or unregistered trademarks of one or more members of the mobLee Company (collectively, “Marks”), and You may only use applicable Marks to identify You as a User; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Us, Our Services or products.
We welcome and encourage You to provide feedback, comments, enhancements requests, recommendations and suggestions for improvements to the Application and Services (“Feedback”). You may submit Feedback by emailing Us, through the About this App section of the Application, or by other means of communication. mobLee shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You or other third parties acting on Your behalf.
8. Third Party Services
The Application and Service may contain links to third-party websites. You acknowledge and agree that mobLee is not responsible or liable for:
- The availability or accuracy of such websites;
- The content, products, or services on or available from such websites.
Links to such websites do not imply any endorsement by mobLee of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or the Content, products or services on or available from such websites.
If You decide to enable, access or use Other Services, be advised that Your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Service Data) or any interaction between You and the provider of such Other Services. You irrevocably waive any claim against the mobLee with respect to such Other Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites.
9. Cancellation and Termination
We reserve the right to modify, suspend or terminate the Service (or any part thereof), Your Account, and remove, disable and discard any Service Data if We believe that You violated these Terms. Unless legally prohibited from doing so, We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. We shall not be liable to You for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities at Our sole discretion.
You have the right to suspend or terminate Your Account at Your own discretion at which point in time You shall notify mobLee via email at firstname.lastname@example.org or the Event Organizers to proceed with the removal or disablement of Your Service Data. This will not affect Your local data, affecting only the Service Data related to Your Account and stored in Our System. Please note that if Your Application Account is cancelled, We do not have an obligation to delete or return to You any Content You have posted to the Application and Service, including, but not limited to, any reviews or Feedback.
10. Disclaimer of Warranties
The Service, including all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and We expressly disclaim any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that We do not warrant that the Service will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software, and no information or advice obtained by You from Us or through the Service shall create any warranty not expressly stated in these Terms.
11. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these Terms, or their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party or third party in connection with these Terms or the Service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these jurisdiction, mobLee’s liability will be limited to the greatest extent permitted by law.
Any claims or damages that You may have against mobLee shall only be enforceable against mobLee and not any other entity or its officers, directors, representatives or agents.
12. Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) these Terms are concluded between You and mobLee only, and not Apple, and (ii) mobLee, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between mobLee and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of mobLee.
- You and mobLee acknowledge that, as between mobLee and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and mobLee acknowledge that, in the event of any third-party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between mobLee and Apple, mobLee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and mobLee acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to Your license of the App Store Sourced Application, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App Store Sourced Application against You as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
You will indemnify and hold mobLee harmless against any claim brought by a third party against mobLee arising from or related to use of the Service by You in breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without mobLee’s prior consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. mobLee may assign or transfer these Terms, to any member of the mobLee Company or in connection with any merger or change of control of mobLee or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing, these Terms will be fully binding upon, inure to the benefit of and enforceable by the parties, their successors and permitted assigns.
15. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between mobLee and You regarding the Application, Service, Collective Content made via the Application and these Terms supersede and replace any and all prior oral or written understandings or agreements between mobLee and You regarding the Application, Service, and Collective Content.
16. Relationship of the parties
You and mobLee are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
Sections 4-15 shall survive any termination of our agreement with respect to use of the Service by You. Termination of such agreement shall not limit a Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
18. Contact Us
If you have any questions about these Terms or any of Our App Store Sourced Applications, please contact mobLee at:
Rd. Admar Gonzaga, 440 – Andar 2 torre B
Itacorubi, Florianópolis, SC – Brazil
Zip Code (CEP): 88.034-000
+55 (48) 3236 0049