MBC provides an array of services and, as such, sometimes additional terms or requirements may apply. Additional terms will be made available with the relevant services, and those additional terms will be part of your agreement with MBC should you use those services.
I. USE OF THE SERVICE
Users are responsible for obtaining access to the Service, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, text messaging or other access and communication services fees).
Standard mobile telecommunication rates and other mobile data rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all usage costs.
The Service allows Companies to deliver to Users the latest offers from Users’ favorite stores and restaurants. Users can decide from which Companies they would like to receive offers, news and other information, and can change their selections at any time.
Users can delete the SAMY App at any time without restrictions or conditions. Please note, however, that deleting the SAMY App also deletes all data collected by the Users on their smart phones and, in the event Users choose to use the SAMY App again, this data would have to be collected again.
II. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of the Service is at User's sole risk. Other than as expressly set out in these terms or additional terms, neither MBC nor its affiliates, subsidiaries nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, resellers, distributors, vendors, advertisers, partners, suppliers, service providers or the like (collectively “Providers”) warrant that the Service will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, or currency of any information content, service or merchandise provided through the Service. User expressly agrees that MBC is not responsible for any problems, failure or technical malfunction of any telephone or mobile network or lines, computer online systems, servers or Internet providers, computer equipment, software or email due to technical problems or traffic congestion on the Internet or on the Service, or combination thereof, including any injury or damage to visitors or users or to any person's computer or mobile device related to or resulting from participation in any activities on the Service or downloading materials. User further expressly agrees that under no circumstances shall MBC be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, any content posted on or through the Service, or conduct of any visitors or users of the Service, whether online or offline.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MBC NOR ITS PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHEN PERMITTED BY LAW, MBC AND MBC’S PROVIDERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MBC, AND ITS PROVIDERS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU ACCESS TO THE SERVICE AGAIN). IN ALL CASES, MBC AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
A. PROPRIETARY RIGHTS
Samy.net, Samy and MobileBits℠ are trademarks or service marks of MBC and/or its subsidiaries and/or affiliates. All rights reserved. These and other MBC graphics, logos and service marks and trademarks of MBC and/or its subsidiaries and/or affiliates may not be used without prior written consent.
User acknowledges that the Service contains information, data, software, mobile software applications, photographs, graphs, videos, typefaces, graphics, music, sounds and other material owned by MBC and/or its subsidiaries and/or affiliates (collectively “Proprietary Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Proprietary Content is copyrighted as a collective work under U.S. and international copyright laws, and MBC and/or its subsidiaries and/or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Proprietary Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Proprietary Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
To request consent to use any intellectual property of MBC, its subsidiaries or affiliates, please contact us in writing at:MobileBits CorporationAttention: Samy Intellectual Property Agent5901 N. Honore Ave.Suite 110Sarasota, FL 34243
In addition to the foregoing, use of any software shall be governed by the software license agreement accompanying such software, if applicable. When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Service may let you adjust your automatic update settings. MBC gives you a limited, revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MBC as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the Service as provided by MBC, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Some software used in our Service may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
The Service may also display other trademarks, product names, company names, logos, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material which are property of third parties. Said materials may not be used without prior written consent of said third parties or their affiliates, as the case may be. To request consent to use any intellectual property of third parties or their affiliates, please contact them directly.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, titled “PROPRIETARY RIGHTS”, User may upload to or otherwise distribute on the Service only content that is not subject to any copyright or other proprietary rights protection or content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither MBC, nor its Providers will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission.
By submitting content to any User submit areas in the Service, including without limitation any product reviews or participation in any chat rooms, User automatically grants, or warrants, that the owner of such content has expressly granted MBC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, host, store, reproduce, modify, create derivative works, communicate, display, perform, publish, translate, sublicense, copy and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. This license continues even if you stop using the Service. User also permits any other User to access, store, or reproduce the content for that User's personal use. Subject to this grant, the owner of content placed on the Service retains any and all rights which may exist in such content. You hereby waive all rights generally known as “moral rights” in the content you submit to any user submit areas in the Service to the extent they can be waived under any existing or future law of any jurisdiction.
C. INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, MBC has designated the following agent to receive Notifications of Claimed Copyright Infringement on its site:MobileBits CorporationAttention: Samy Copyright Agent5901 N. Honore Ave.Suite 110Sarasota, FL 34243
If you believe that your work appears on the Service in a way that constitutes copyright infringement, you may notify MBC and provide the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;
3. identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
6. your address, telephone number and e-mail address.
D. THIRD-PARTY CONTENT AND THIRD PARTY DEALINGS
MBC is a distributor and not a publisher of content supplied by Companies and third parties. Neither MBC nor its Providers guarantee the accuracy, timeliness, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. MBC neither endorses nor is responsible for the accuracy or reliability of any content, promise, offer, opinion, advice, or statement made on the Service. Under no circumstances shall MBC or its Providers be liable for any loss, damage or harm caused by User's reliance on information obtained through the Service. It is the responsibility of User to evaluate the information, statement, promise, offer, opinion, advice, or other content available through the Service.
Additionally, neither MBC nor its Providers guaranty the merchantability or fitness for any particular purpose of any products or services offered by Companies or third party providers. MBC neither endorses nor is responsible for any products or services offered by Companies or third party providers. Under no circumstances shall MBC or its Providers be liable for any loss, damage or harm caused by User's use or consumption of any products or services offered by Companies or third party providers.
The Service may contain advertisements, promotions and links to external websites, including Companies’ websites, which are not maintained by, or related to, MBC (“Unrelated Sites”). Such Unrelated Sites are provided as a service to Users and are not sponsored by or affiliated with MBC. MBC has not reviewed any or all of such sites and is not responsible for the content of those sites. MBC is not responsible for webcasting or any other form of transmission received from any Unrelated Sites. Unrelated Sites are to be accessed at the User's own risk, and MBC makes no representations or warranties about the content, completeness or accuracy of Unrelated Sites.
MBC strives to ensure that the Service works smoothly but cannot guarantee this at all times or everywhere. MBC therefore does not accept any liability for missed rewards, discounts, bonus points, offers, campaigns etc., irrespective of whether MBC, the User, Companies, or third parties were responsible for the Service not working.
The respective Companies are responsible for the content of all offerings that are communicated via the Service. MBC rejects all liability and reserves the right to forward all claims against MBC to the responsible Companies.
MBC neither recommends nor endorses the purchase of products from Companies or third parties. The Service serves exclusively as an information platform and itself does not offer for sale any products or services.
Furthermore, MBC explicitly points out that most offers from Companies are made with the reservation "while stocks last". This particularly applies to those offers with a start and end date.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Service to either a foreign national or a foreign destination in violation of such laws.
If User accesses the Service from a location outside of the United States, User: (1) acknowledges that the information provided to MBC and the Service will be transferred to the United States, (2) acknowledges that User consents to this transfer, (3) acknowledges that User is responsible for compliance with all applicable laws, and that MBC accepts no responsibility for such access, and (4) consents to the adjudication of any disputes arising in connection with the Service in the federal and state courts of, and in accordance with the laws of, the state of Florida, USA.
IV. ONLINE CONDUCT
Only User may use the account. User is responsible for all activity of that account. User is also responsible for keeping confidential User’s sign-on credentials.
User agrees to (i) use the Service only for lawful purposes and in a lawful manner in compliance with all state, federal and/or international laws, rules and policies, (ii) follow MBC’s rules of conduct and (iii) keep account passwords and answers to secret questions secret and to notify MBC of any security breach related to its Service.
User is prohibited from (i) engaging in, facilitating or furthering unlawful conduct, (ii) using the Service in any way which harms MBC, its Users, customers, Providers, or any customer of MBC’s Providers, (iii) linking the Service to any unsolicited bulk or commercial messages (spam), (iv) accessing and/or using the Service via automated means, (v) disabling, damaging, overburdening or impairing the Service, or attempting to do so, or modifying or rerouting the Service, or attempting to do so, without proper authorization, (vi) impairing or interfering with others’ use of the Service, (vii) selling, using, transferring, reproducing, modifying, editing, publishing, performing, displaying, posting, transmitting or distributing the transcript of any communication that you may have in connection with your use of the Service without the written permission of MBC, (viii) uploading, posting, e-mailing, transmitting, or otherwise making available any content which infringes on any trademarks, patents, copyrights or trade secrets or other proprietary rights of any party, (ix) reselling or redistributing the Service, or attempting to do so, (x) using the Service for commercial purposes, (xi) attempting to gain unauthorized access to any portion of the Service by hacking, password mining or any other illegitimate means, (xii) submitting content which falsely expresses or implies that such content is sponsored or endorsed by MBC, (xiii) embedding any page of the Service in frames running from other websites, (xiv) mirroring the Service on another website or server, (xv) removing any copyright, trademark or any other proprietary rights notices contained in or on the Service or (xvi) transmitting any worms, Trojan Horses, viruses, defects or any items of destructive nature.
Additionally, User is prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If MBC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), MBC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Service. MBC may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Service; or (iii) to protect the rights or property of MBC, its Users and Providers.
MBC reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual Users, MBC, MBC’s Providers, the communities that make up MBC and the Service, or any rights of MBC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither MBC nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither MBC nor its Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Service.
Furthermore, we may deny you access to our Service if you do not comply with our terms or policies or if we are investigating suspected misconduct.
If you download or receive MBC’s software, including, but not limited to the SAMY App, you have the right to use the software only for the authorized use on the mobile instrument or computer on which you downloaded the software.
The software is subject to United States export laws and regulations. User agrees to comply with all domestic and international laws and regulations which apply to the software. These laws include, but are not limited to restrictions on destinations, end users and end use.
Additionally, if you remove or disable unwanted software such as adware, spyware, among others, it may cause some of the Service not to work or not to work properly.
VII. TERMINATION OF USAGE
MBC may terminate User's access, or suspend User's access to all or part of the Service without notice, for any conduct that MBC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, MBC or its Providers.
Additionally, MBC may change the Service or delete any Service at any time, for any reason, with or without cause, with or without notice. Upon cancellation of the Service, your right to use the Service will cease immediately.
Also, MBC may release the Service in pre-release versions which may not work properly or up to standard with the way the final version might work. There may be interruptions to the Service and/or extended downtimes. We may change the final version of any of our services or even decide not to release a final version at all.
VIII. USAGE BY CHILDREN UNDER 13
MBC will never knowingly or intentionally collect any personal information about children under the age of 13. If MBC obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not knowingly or intentionally collect such information, to the best of MBC's knowledge and belief, MBC has no such information to use or to disclose to a third party. MBC has designed this policy in order to comply with the Children's Online Privacy Protection Act.
However, MBC cannot prohibit minors from visiting or using its Service. MBC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
MBC may assign this contract, in part or in its entirety, at any time without giving notice. User may not assign this contract. Any attempt by User to assign this contract or transfer the rights to use the Service or any part of the Service to anyone else is void.
X. NO THIRD PARTY BENEFICIARIES
This contract is solely for the benefit of MBC and your benefit, not any other person or entity, with the exception of permitted successors and assigns under this contract.
XI. CLAIM MUST BE FILED WITHIN ONE YEAR
You may notify us by contacting us at email@example.com.
MBC has the right to send you information in connection with the Service. There may also be additional information which the law requires us to send you. We may send you all information in electronic form via (i) email address you provided us with at the time you signed up for the Service, (ii) by access to a MBC website that will be designated in an email notice sent to you at the time the information is available or (iii) by access to a MBC website that is generally designated in advance for this purpose.
All notices provided by e-mail will be deemed delivered and received on the date of transmission of the e-mail.
If you do not consent to receive notices electronically, you must stop using the Service.
We may also communicate with you by telephone, in accordance with your wishes.
XIII. APPLICABLE LAW
Nothing in these Terms and of Use and Service shall be construed to establish a partnership, joint venture, agency, employment or other business relationship with MBC or its Providers.
All contents of this site are Copyright © 2013 MobileBits Corporation. All rights reserved.