MobileBits Corporation Terms of Use and Service


Notice:  We have updated our Privacy Policy and Terms of Use as of February 4, 2014

These Terms of Use and Service govern your access to and use of MobileBits Corporation’s (“MBC”) website, samy.com, samy.net, and the Samy™ software, a web-based information platform with a corresponding application (“Samy App”) with which companies and organizations ("Companies") can provide information and services to interested customers.  For purposes of these Terms of Use and Service, samy.com, the Samy software and each of the components of the Samy software, including but not limited to the Samy App, shall, individually and collectively, as applicable, be referred to as the “Service”.  To ensure a safe environment for all of our users (“User(s)” or “you”), we have established these Terms of Use and Service, which spell out what you can expect from us and what we expect from you. By accessing any areas of the Service, Users agree to be legally bound and to abide by the terms set forth below.

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY PRIOR TO USE OF THE SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

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. PAYMENT OF FEES

  1. A valid credit card is required for accounts able to process orders using a live payment system.
  2. User will be required to enroll in MBC auto-funding, which is a feature that links a credit or debit card in good standing to their account.  This feature will automatically replenish the User’s account by a pre-set amount whenever the balance in the account drops to a pre-set low-balance threshold.  A credit card is considered in good standing if it belongs to an active, non-expired account having sufficient credit available. 
  3. The User’s account will be auto-funded using the credit card made available by the User.  User will select a budget option offering from the following monetary amounts $25, $50, $100, $250, $500, $1,000, $2,000, $3,000, $5,000 and $10,000.  Based on the selected budget option offering, the User will receive the views at a pre-defined rate available at www.Samy.com.  This rate is set by MBC and is subject to change without notice.  We reserve the right to review the activity of the store offers (i.e. number of views/clicks or Cost Per Action (CPA)) at any time and increase the client’s budget level based on activity. 
  4. When your account balance is exhausted, our predictive auto-funding formula will determine the amount of funds based on your ongoing usage rate.  Ongoing usage rate is then used to predict the expected usage for the following 24-48 hours.  You will never be charged more than two (2) times in a given day.
  5. The User accepts responsibility for maintaining a valid credit card within the MBC system.  Failure to maintain the credit or debit card linked to MBC’s auto-funding may result in the termination of User’s account and an interruption in electronic payment using the User’s Service(s). The minimum replenishment threshold and replenishment amount is determined during MBC auto-funding enrollment based on expected usage. Any changes to auto-funding account and changes to the replenishment amounts will be made available at www.samy.com.  User pricing is available at the www.samy.com administration page and use of the service signifies acceptance. 
  6. At the start of your billing period MBC users will be sent an invoice via email.  Your purchase will appear on the billing history section of your Samy administration console.
  7. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Outside of the United States you are responsible for all applicable Taxes that arise from or as a result of your service to a Plan. These Taxes are based on the rates applicable to the billing address and country you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  8. Please note that since MBC and Samy are based in Florida, USA, it is possible that your credit card issuing bank will charge a fee for usage of the card in a foreign country for your online transaction.  Samy and MBC are not responsible for these fees.  For further information, please contact your credit card issuing bank for any fees and their applicable exchange rates.
  9. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in the United States when the service is made, you must advise us immediately by email to accounts@samy.com.
  10. Your account balance is fully refundable if you cancel your service and request a refund of any auto-funded amounts.

III.       VOLUNTARY OR INVOLUNTARY TERMINATION OF USER’S SERVICE

  1. If User’s Service is terminated, either voluntarily or involuntarily, User shall immediately cease using the Service.  All activity incurred during terminated status will be charged to the User’s auto-funded account. No credits will be issued upon reactivating a terminated Service(s).
  2. Voluntary or Involuntary Closure of User’s Auto-Funded Account: If User’s auto-funded account is closed, either voluntarily or involuntarily, all Services listed on the User’s account will be terminated. User agrees to comply with the terms for voluntary or involuntary termination of User’s Service(s) detailed in Section III of this agreement. Any remaining balance of the User’s Prepaid Account shall be refunded in accordance with Section II(9) of this Agreement. 
  3. Termination of Auto-Funded Account: Where an auto-funded account has been terminated, all Services listed on the Account will be terminated. User agrees to comply with the terms for voluntary or involuntary termination of User’s Service(s) detailed in Section III of this Agreement. No credits will be issued upon reactivating a terminated Service. 
  4. You may cancel your account at any time by emailing support@mobilebits.com
  5. Once your account is cancelled all of your Content may be deleted from the Service at the end of your billing period and your login will cease to be valid.
  6. We reserve the right to modify or terminate the Samy service for any reason, without notice at any time.
  7. Fraud: Without limiting any other remedies, MBC may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

IV.       MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for using Samy are subject to change without notice from MBC. Any changes to the Samy Site (samy.com) or the administration menu of your Samy pricing will be posted at www.samy.com.  Continued use of the service signifies acceptance.  It is your responsibility to visit www.samy.com to learn about pricing changes.
  2. MBC reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. MBC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

V. ACCOUNT TERMS

  1. You must be 18 years or older to use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You are responsible for keeping your password secure. MBC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You may not use the MBC service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Samy account.
  6. A breach or violation of any of the Account Terms as determined in the sole discretion of MBC will result in an immediate termination of your services.

VI.  SAMY RIGHTS

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Samy customer, MBC employee, member, or officer will result in immediate account termination.
  5. Samy does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

VII.  LIMITATION OF LIABILITY

  1. You expressly understand and agree that MBC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall MBC or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MobileBits partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Samy does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. Samy does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  6. Samy does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

VIII.  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.

You agree to defend, indemnify and hold harmless MBC and its Providers from any claim, suit or action arising from or related to the use of the Service or violation of these terms or the terms of the Privacy Policy, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.  If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MBC and its Providers from any claim, suit or action arising from or related to the use of the Service or violation of these terms or the terms of the Privacy Policy, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

User acknowledges and agrees that any and all disclaimers in these Terms of Use and Service and the provision of these Terms of Use and Service are a fair and reasonable allocation of risk between User and MBC.

IX. CONTENT

A. PROPRIETARY RIGHTS

Samy.com, 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 Corporation

Attention: Samy Intellectual Property Agent

5901 N. Honore Ave.

Suite 110

Sarasota, 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 Corporation

Attention: Samy Copyright Agent

5901 N. Honore Ave.

Suite 110

Sarasota, 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.

Shall User decide to obtain anything from any Unrelated Sites, even if offered through the Service, User understands that said relationship is directly with the Unrelated Site and not with MBC.  Shall User chose to assert a claim that relates to or implicates its relationship with an Unrelated Site, User shall only assert such claim against the Unrelated Site and not against MBC, even if MBC introduced User to the Unrelated Site or even if MBC assisted in billing for the Unrelated Site’s offering.  User is solely responsible for its dealings with any Unrelated Sites.  With that said, MBC recommends that Users visit the privacy policies and terms of use 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.

E.  NO RECOMMENDATION

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.

 

 

F. EXPORT

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.


X. ONLINE CONDUCT

By using the Service, User is immediately bound by these Terms of Use and Service and by the Privacy Policy.  There are no withdrawal rights or “cooling off” periods and User waives such withdrawal rights and “cooling off” periods unless the law requires withdrawal rights or “cooling off” periods despite User’s waiver, despite User’s use of the Service or despite User’s use of the Service upon completion of any sign-up processes.

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.


XI. SOFTWARE

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.

 XII. PRIVACY POLICY

In accordance with the terms of MBC's Privacy Policy, MBC respects the privacy of its Users. You can view MBC’s Privacy Policy here.


XIII. 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.

MBC may terminate without cause at any time.


XIV. ASSIGNMENT

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. 

XV. 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.   

XVI. CLAIM MUST BE FILED WITHIN ONE YEAR

Any claim related to these Terms of Use and Service, the Privacy Policy or the Service, including claims relating to purchases made through the Service, may not be brought unless brought within one year of when the claim could first be filed.  If not filed within said time period, then that claim is permanently barred.  This applies to you and your successors and to us and our successors and assigns. 

XVII. NOTICES

You may notify us by contacting us at samytermsofuse@mobilebits.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.

XVIII. APPLICABLE LAW

This site and the Service are created and controlled by MBC in the State of Florida. As such, the laws of the State of Florida will govern the disclaimers, terms and conditions and the privacy policy, without giving effect to any principles of conflicts of laws. MBC reserves the right to make changes to its Service and these disclaimers, Terms of Use and Service and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the state or federal court with competent jurisdiction in Sarasota County, Florida for any litigation arising out of or relating to these Terms of Use and Service, the Privacy Policy, the use of the Service and relating to purchases made through the Service (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Florida, Sarasota County, and agrees not to plead or claim in any court of the State of that such litigation brought therein has been brought in an inconvenient forum.

XIX. SEVERABILITY

The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability and will remain in full force and effect to the extent not held invalid or unenforceable, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.  These Terms of Use and Service supersede any prior contract or statements regarding the use of the Service.

XX. MISCELLANEOUS

The failure of MBC to exercise or enforce any right or provision of these Terms of Use and Service shall not constitute a waiver of such right or provision. 

The headings used in these Terms of Use and Service are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms of Use and Service. 

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.

XXI.  WAIVER AND COMPLETE AGREEMENT

The failure of MBC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MBC and govern your use of the Service, superseding any prior agreements between you and MBC (including, but not limited to, any prior versions of the Terms of Service).

XXII. ACKNOWLEDGMENT

These Terms of Use and Service came into effect on February 4, 2014. 

The Terms of Use and Service, including all documents referenced herein, and the Privacy Policy represent the entire understanding between you and MBC regarding your relationship with MBC and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the Service. The aforementioned Terms of Use and Service are subject to change.  When we change the Terms of Use and Service in a material way, a notice will be posted on our website, www.Samy.com, along with the updated Terms of Use and Service.  Your use of our Service and any other service or software provided by MBC after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult the aforementioned Terms of Use and Service prior to every use for any changes.

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