Smartphone Application Development for iPhone, iPad, Android and Tablet Devices
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Terms and Conditions

1. Terms of Use

1.1. By accessing the Website you agree to be bound by these Terms & Conditions („Terms“). You understand and agree that we will treat your access to the Website and/or using of the YOUMOBTOO Services as acceptance of the Terms from that point onwards.

1.2. These Terms constitute a legal agreement ("Agreement") between you and us. If you do not agree with this or if you cannot be a party of such Agreement or if you are uncertain whether you can be a party of such Agreement, you should leave the Website and discontinue using of the YOUMOBTOO Services immediately.

1.3. We reserve the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. Your use of the Website shall evidence your acceptance of the changes to these Terms and shall update/constitute your Agreement to be bound thereby.

2. Definitions

2.1. Content, Content item.Information, data, text, software, music, sound, photo, graphics, video,message and other related material may constitute a content item. Content is a general expression for one or more Content items.

2.2. Force Majeure. Acts of God(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection,military or usurped power or confiscation, terrorist activities,nationalization, government sanction, blockage, embargo, labour dispute, strike,lockout or interruption or failure of electricity or connectivity.

2.3. Member, Membership. You can register on the Website for creation your own Member service. By completion of the registration you became a Member.

2.4. Member protected service is a Member service accessible by a password distributed by the Member to other parties.

2.5. Member service. Your service created by tools provided by us on the Website targeted to other WAP or web users. By the mean of the Member service you deliver to others your own Content.

2.6. Price is a net price set by us for charged YOUMOBTOO Services in the Price list. Price list is published on the Website.

2.7. Website. Website is a YouMobToo.com website and everything inside this domain including Member services.

2.8. We or us or our or Provider means in Terms [XY Company], the owner of the website and provider of YOUMOBTOO Services.

2.9. YOUMOBTOO Service. A Content including on-site tools for creating Member services and other services as offered by us on the Website.

3. Services

3.1. We provide you with a possibility to browse the Website and to use the YOUMOBTOO Services according Terms and our instructions in each respective part of the Website.

3.2. You can browse and download the content of the Website solely for the non-business purposes subject to limitations shown at the respective section of the Website and subject to limitations attributable to the respective content.

3.3. By using the YOUMOBTOO Services you can create your own Member services, upload and present to others your content. You are obliged to upload and public only legal content not violating any right of a third party in respect to laws of the respective content copyright owners, laws of the Provider, laws of place of your activities and residence and of places of activities and residences of potential users of your Member services.

3.4. You can address your Member services to users qualified by a password (Member protected services). It is your sole responsibility to protect the distribution and confidentiality of your password. The content of Member protected services is subject to the same terms and conditions as other content on the Website.

3.5. YOUMOBTOO Services are provided free of charge or for a fee as indicated on instructions related to each respective Service.

4. Services limitations

4.1. YOUMOBTOO Service and any Member service are provided as they are. We do not make any warranty, expressed or implied, and hereby disclaim and negate all other possible warranties,including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Additionally, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the YOUMOBTOO Service and any Member service or otherwise relating to such YOUMOBTOO Service and any Member service and/or any sites linked to it. Without limiting the generality of the foregoing, we make no warranty or representation that:

  • YOUMOBTOO Services and/or Member service will meet your requirements;
  • YOUMOBTOO Services and/or Member service will be uninterrupted, timely, secure,or error-free;
  • The quality of any products, services, information, or other material purchased or obtained by you through YOUMOBTOO Services and/or Member service will meet your expectations;
  • The functions or services performed by YOUMOBTOO Services and/or Member service will be uninterrupted or error-free or that any errors in YOUMOBTOO Services and/or Member service will be corrected;
  • Any information available on or through YOUMOBTOO Services and/or Member service will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties;
  • Information available on YOUMOBTOO Services and/or Member service will not contain adult-oriented material or material which some individuals mat deem objectionable; or,

4.2. We do not warrant that any of the The YOUMOBTOO Service and any Member service is accurate, comprehensive, or up to date. We can change or make amendments to any information contained on the Website at any time without prior notice; however we do not guarantee any update.

4.3. YOUMOBTOO Service is a technical service and therefore it is not free of outages or technical faults.You should every time calculate with outages or technical faults as with immanent part of YOUMOBTOO Services and your Member services.

4.4. We do not review the sites linked to the Website or to any Member service and we are not responsible for the contents of any such linked site. Any supplied website link does not insinuate endorsement by us of the website, providing that we explicitly do not state otherwise. Connecting to any website that is linked to Website is done at your own risk.

4.5 YOUMOBTOO does not guarantee delivery of any kind of the service, which is managed by 3rd, independent party.

5. Download

5.1. We grant you a permission to temporarily download one copy of each Content item from the Website for personal, non-commercial temporary viewing only. This is the grant of all license,not a transfer of title, and under this license you may not:

  • i. modify, change or copy any of the Content item;
  • ii. use the content items for any commercial or unlawful purpose, or for any public display (commercial or non-commercial)
  • iii. use automated means,including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - except for Internet search engines (e.g. Google) and non-commercial public archives that comply with our robots.txt file, or “well behaved” web services and RSS feeds.We reserve the right to define what is well behaved.
  • iv. try to disassemble or reverse engineer any software contained on the Website; v. remove any copyright or other proprietary mark from the content item; or vi. supply the materials to another person or copy the materials to another server.

5.2. Your license shall be revoked if you violate any of your obligations of the Terms and may be terminated by us any time. On completion and reviewing the Content items or on the termination of this license, all downloaded Content items in your possession must be destroyed in all formats, both electronic and printed.

6. Upload

6.1. You fully agree not to post or make available on the Website any content for which you do not have the applicable rights to display or reproduce.

6.2. You are not permitted to publish any Content that:

  • Is illegal, abusive,threatening, harmful, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way;
  • Harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
  • Impersonates YouMobToo, or a YOUMOBTOO employee or any user or implies or misrepresents your affiliation with a person or entity;
  • Includes personal or information that can identify another person without that person's explicit consent;
  • Is false, deceptive,misleading, deceitful, threatening, obscene;
  • Infringes any patent,trademark, trade secret, copyright or other proprietary rights of any party or individual, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • May be damaging to our servers or any other servers on the Internet. Links to such materials are also prohibited;
  • Constitutes or contains “chainletters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending;
  • Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
  • Post irrelevant Content,repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure

6.3. As a Member, you are solely responsible for your behaviour/conduct and for the Content that is being hosted by your Member service.

7.Restricted behaviour

7.1. You are obliged not to:

  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
  • Register two (2) different accounts. One (1) account per person is permitted without written consent from us.
  • Use YOUMOBTOO Services excessively;
  • Resell the YOUMOBTOO Service in full or in partial form without a license supplied by us.
  • Place any type of paid or non-paid advertisements on your Member service.
  • Operate IRC or IRC on our servers.

7.2. We will be the sole arbiter as to what constitutes a violation of the above provision.

8.Our rights

8.1. You acknowledge without any reservation we have a right to delete any Content and/or cancel your Member services and Membership without any compensation to you in case of a breach or deemed breach according to our view of any conditions set in Chap. 6. and 7.

8.2. We can cancel the Website or change and/or cease providing YOUMOBTOO Services any time without any compensation to you providing that these Terms do not state otherwise.

8.3. We may put to your Member service any advertisement.

8.4. We have right to put any Member into our newsletter mailing list. You may opt-out of this list at any time;however this will not affect reception of the any notification directly related to your Member service.

9. Paid services

9.1. Any paid YOUMOBTOO Service will be provided to you after your successful registration as a Member and after thePrice for the respective YOUMOBTOO Service is paid in full to our account.

9.2. We do not intend to early terminate or cancel any paid YouMobToo Service. In case this happens for the reasons:

  • i. other than a breach of your obligations set by the Terms; or
  • ii. by the bankruptcy/insolvency procedures imposed upon us or by a court, or
  • iii. governmental or regulating decision; or
  • iv. by the circumstances caused by a Force Majeure, we will compensate you for the not used period of paid YOUMOBTOO Service. The maximal compensation is the Price paid by you for the cancelled Service decreased by an administrative fee of 20GBP.

9.3. We do not compensate any outage or fault of YOUMOBTOO Services.

9.4. Non-spent Credits and prepaid services, that are unused, are non refundable.

10. Indemnification

You expressly agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content you submit, post to or transmit through Member service, your use of YOUMOBTOO Services, your connection to us, your violation of the Terms, or your violation of any rights of another. You expressly agree that we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through YOUMOBTOO Services and/or Member service. You must evaluate, and bear the risk associated with,the accuracy, completeness or usefulness of any such information. We shall not be obligated to actively monitor or review the information which users or other third parties post, upload or transmit through YOUMOBTOO Services and/or Member service. However, we reserve the right, in the exercise of its sole discretion but without any obligation, to refuse or remove any information available on or through YOUMOBTOO Services and/or Member service that violates these Terms or is otherwise objectionable in our sole opinion.

11. Personal data and logs

11.1 We collect your submitted personal data at registration. In registering as a Member you agree:

  • i. To provide true, accurate,current, and complete information about yourself as prompted during the registration process;
  • ii. To update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Member services and Membership and refuse any and all current or future use of YOUMOBTOO Services; and
  • iii.that if you permit your children to use YOUMOBTOO Services, you should supervise them regularly and you acknowledge your exclusive responsibility as a parent and legal custodian to determine whether any of the Content is appropriate for your child.

11.2. We also login on-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users of the Website.This data is used to manage the Website, track usage and improve the YOUMOBTOO Services. This non-personally identifiable information may be shared with third-parties to provide more relevant services and advertisements. User IP addresses are recorded for security and monitoring purposes for limited time.

11.3. Any your personal information or that you voluntarily submit to be disclosed on line (on your Member services,discussion boards or forums, in messages and chat areas, on images, photos,etc.) becomes publicly available and can be collected and used by other users without our protection.

11.4. We may release your personal data if required to do so by law, or in the good-faith belief that such action is necessary to comply with laws (such as U.S. Copyright Law), or respond to a court or administrative order, subpoena, or search warrant. It may be necessary to share your personal data in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including but not limited to,fraud, potential threats to public safety or the physical safety of any person,violations of our Terms, or as otherwise permitted by law.

11.5. We reserve the right to disclose your personal data that we believe is appropriate or necessary to enforce our Terms, take precautions against liability, to investigate and defend us against any third-party claims or allegations, to protect the security or integrity of our Service, and to exercise or protect the rights,property, or personal safety of us, our users or others.

12. Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Website or on or through the YOUMOBTOO Services and/or Member services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication,estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Website or through the YOUMOBTOO Services and/or Member services is strictly prohibited.We will enforce our Trademark rights to the fullest extent of the law,including the seeking of criminal prosecution.

13. Liability

13.1. You expressly acknowledge and agree that we 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:

  • i. The use or inability to use the YouMobToo Services and/or Member service; or
  • ii. Any transaction entered into through or from YOUMOBTOO Services and/or Member service; or
  • iii. Unauthorized access to or alteration of your transmission or data; or
  • iv. Statements or conduct of any third party on YOUMOBTOO Services and/or Member services; or
  • v. Any other matter relating to YOUMOBTOO Services and/or Member service.

13.2. Wherever we bare a liability,your damages are limited to the annual Price paid by you for the respective YOUMOBTOO Service, which is the substance of your claim.

14.

Disputes resolution In the event of a dispute or claim arising under or associated with these Terms, including any amendments or related agreements or understandings, whether verbal or in writing, either party may submit the dispute or claim to the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. The dispute or a claim shall be finally decided by one arbitrator in accordance with the Rules of that said Arbitration Court.

15.

Governing laws These Terms and any matters related to these Terms are governed by the laws of the Czech Republic without regard to their conflict of law provisions