All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to bobile, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on bobile products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by bobile for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
1.2 Payment Processing
Payment processing services for you and Users on bobile are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You and Reseller Users hereby agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of bobile enabling payment processing services through Stripe, you agree to provide bobile accurate and complete information about you and your business, and you authorize bobile to share it and transaction information related to your use of the payment processing services provided by Stripe.
1.3 Stock Photo Package Use Guidelines
- Shutterstock images are available at no additional cost under the application packages for use in your bobile app, with the following guidelines:
- You can’t use the image as a trademark for a business.
- You may not portray a person in a way that may be offensive, including: a) in ads for dating services; b) in connection with political endorsements; c) with defamatory, unlawful, offensive or immoral content; and d) as suffering from, or being treated for, a physical or mental ailment.
- You may only use the image in ads and content on the bobile platform, and not with other platforms, websites or services.
1.4 Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. bobile reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any bobile server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of bobile , including any Bobile account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or bobile systems or networks, or any systems or networks connected to the Site or to bobile.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to bobile on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use bobile to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy and to use it to help you make informed decisions.
2.1 Data Use Policy
- Your informationYour information is the information that’s required when you sign up for the site, as well as the information you choose to share in your app.
- Registration information
When you create your app, you are required to provide information such as your name, email address. In some cases, you may be able to register using other information, like your telephone number.
- The information you choose to display
Your information also includes the information you choose to share through your app on bobile, such as when you send a push notification, upload a photo, or write about yourself/your business.
Your name, icon & logo pictures, module cover photos, info & personal photos, business name, address, e-mail, phone number are all part of your public information.
Public information means that the information you choose to provide in your app you open for everyone to see, as well as information that is always publicly available.
3 Distribution of your app’s content & information
You own & responsible for all of the content and information you post on bobile, and you can control how it is distributed through your privacy and your application settings. In addition:
3.1 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with bobile (IP License). This IP License ends when you delete your IP content or your account.
3.2 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.3 When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy.)
3.4 When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of bobile, to access and use that information, and to associate it with you (i.e., your name and profile picture).
3.5 We always appreciate your feedback or other suggestions about bobile, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep bobile safe, but we cannot guarantee it. We need your help to keep bobile safe, which includes the following commitments by you:
4.1 You will not post unauthorized commercial communications (such as spam) on bobile.
4.2 You will not collect users’ content or information, or otherwise access bobile, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
4.3 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on bobile.
4.4 You will not upload viruses or other malicious code.
4.5 You will not solicit login information or access an account belonging to someone else.
4.6 You will not bully, intimidate, or harass any user.
4.7 You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
4.8 You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
4.9 You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on bobile.
4.10 You will not use bobile to do anything unlawful, misleading, malicious, or discriminatory.
4.11 You will not do anything that could disable, overburden, or impair the proper working or appearance of bobile, such as a denial of service attack or interference with page rendering or other bobile functionality.
4.12 You will not facilitate or encourage any violations of this Statement or our policies.
5 Registration and Account Security
bobile users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
5.1 You will not provide any false personal information on bobile, or create an account for anyone other than yourself without permission.
5.2 You will not create more than one personal account.
5.3 If we disable your account, you will not create another one without our permission.
5.4 You will not use your personal timeline for your own commercial gain (such as selling your status update to an advertiser).
5.5 You will not use bobile if you are under 13.
5.6 You will not use bobile if you are a convicted sex offender.
5.7 You will keep your contact information accurate and up-to-date.
5.8 You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
5.9 You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
5.10 If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
6 Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
6.1 You will not post content or take any action on bobile that infringes or violates someone else’s rights or otherwise violates the law.
6.2 We can remove any content or information you post on bobile if we believe that it violates this Statement or our policies.
6.3 We provide you with tools to help you protect your intellectual property rights.
6.4 If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
6.5 If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6.6 You will not use our copyrights or trademarks (including bobile, the bobile and F Logos, FB, Face, Poke, Book, and Wall), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
6.8 You will not post anyone’s identification documents or sensitive financial information on bobile.
6.9 You will not tag users or send email invitations to non-users without their consent. bobile offers social reporting tools to enable users to provide feedback about tagging.
7 Mobile and Other Devices
7.1 We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
7.2 In the event you change or deactivate your mobile telephone number, you will update your account information on bobile within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7.3 You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on bobile.
8 Purchases; Other Terms and Conditions
bobile’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
bobile may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and bobile makes no commitment to update the materials on the Site with respect to such products and services.
9.1 We can change this Statement if we provide you notice (by posting the change on the bobile Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our bobile Site Governance Page and “like” the Page.
9.2 If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
9.3 We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
9.4 Your continued use of bobile following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of bobile to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
11.1 You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or bobile exclusively in a state court located in Israel County. The laws of the State of Israel will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Israel County for the purpose of litigating all such claims.
11.2 If anyone brings a claim against us related to your actions, content or information on bobile, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on bobile and are not responsible for the content or information users transmit or share on Bobile. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on bobile. We are not responsible for the conduct, whether online or offline, or any user of bobile.
11.3 WE TRY TO KEEP BOBILE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BOBILE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BOBILE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BOBILE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BOBILE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BOBILE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BOBILE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BOBILE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12 Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with bobile outside the United States:
12.1 You consent to having your personal data transferred to and processed in the United States.
12.2 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on bobile (such as advertising or payments) or operate a Platform application or website.
13.1 By “bobile” we mean the features and services we make available, including through (a) our website at www.bobile.com and any other bobile branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
13.2 By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from bobile or provide data to us.
13.3 By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with bobile.
13.4 By “content” we mean anything you or other users post on bobile that would not be included in the definition of information.
13.5 By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from bobile or provide to bobile through Platform.
13.6 By “post” we mean post on bobile or otherwise make available by using bobile.
13.7 By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
13.8 By “active registered user” we mean a user who has logged into bobile at least once in the previous 30 days.
13.9 By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
BOBILE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BOBILE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BOBILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOBILE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BOBILE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BOBILE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
bobile reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
15 Limitation of Liability
Except where prohibited by law, in no event will bobile be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if bobile has been advised of the possibility of such damages.
You agree to indemnify and hold bobile, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against bobile by any third party due to or arising out of or in connection with your use of the Site.
17.1 If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and bobile, Inc. Otherwise, this Statement is an agreement between you and bobile Ireland Limited. References to “us,” “we,” and “our” mean either bobile, Inc. or bobile Ireland Limited, as appropriate.
17.2 This Statement makes up the entire agreement between the parties regarding bobile and supersedes any prior agreements.
17.3 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
17.4 If we fail to enforce any of this Statement, it will not be considered a waiver.
17.5 Any amendment to or waiver of this Statement must be made in writing and signed by us.
17.6 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
17.7 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17.8 Nothing in this Statement shall prevent us from complying with the law.
17.9 This Statement does not confer any third party beneficiary rights.
17.10 We reserve all rights not expressly granted to you.
17.11 You will comply with all applicable laws when using or accessing bobile.