Effective: December 14, 2024
These Terms of Service (“Terms”) govern your use of Mobanle’s (“mo.banle”) digital platforms, including, but not limited to, mo.banle’s website, applications, software, services, content, and advertising linked to these Terms (collectively, the “Services”).
By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. Your use of the Services also signifies that you understand the information collection, use, and disclosure practices described in the Privacy Policy.
Please be aware that the terms includes a binding arbitration clause and class action waiver, which may affect your rights in resolving disputes with us.
ACCEPTANCE OF TERMS
Mobanle provides these Services to you subject to the following Terms. By registering for or using the Services, and in consideration of Mobanle’s agreement to provide the Services, you agree to be bound by these Terms.
These Terms may be updated periodically. The date of the most recent update is provided at the beginning of the Terms. Continued use of the Services confirms your agreement to the latest version of the Terms.
You must be at least thirteen (13) years old to use the Services. Registration, use of, or access to the Services by anyone under 13 is unauthorized and violates these Terms. By using the Services, you represent and warrant that you are at least 13 years of age.
Mobanle reserves the right to deny access to the Services or any related service or product without notice, at any time, and for any reason.
PROVISION AND MODIFICATION OF SERVICES
The Services consist of websites, applications, software, services, content, and advertisements provided by Mobanle. Certain content may be submitted by users who post on the Services, and the Services may also contain advertisements placed by advertisers or ad networks. Mobanle is not responsible for such third-party content.
You understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Mobanle disclaims any responsibility for the availability, timeliness, security, or reliability of the Services or any component therein. Mobanle also disclaims responsibility for third-party actions or omissions regarding their services, content, or advertising in connection with the Services. You agree that Mobanle is not liable for any issues arising from such actions or omissions or any flaws within the Services.
Mobanle reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. The Services may also face interruptions from Mobanle or others. You agree that Mobanle will not be liable for any modification, suspension, interruption, or discontinuation of the Services.
REGISTRATION AND PROFILE CREATION
Some features of the Services require registration and a user profile creation with a third-party provider. For example, to comment on our website, you will create a user profile (“Profile”). By using the Services, you agree to provide accurate, current, and complete information and to promptly update your information as needed. You will be responsible for all activity under your Profile. You agree not to create more than one Profile and not to create or use another’s Profile or email without permission.
CONDITIONS ON USE OF THE SERVICES
Mobanle grants you permission to use the Services under the following conditions:
- You will use the Services only for personal, non-commercial use.
- You will not use the Services for any illegal purpose or in a manner that could impair the Services or breach these Terms.
- You will not attempt to decipher, decompile, or reverse-engineer any part of the Services.
- You will not defeat or interfere with any security feature of the Services.
- You will not alter or modify any part of the Services other than content you have submitted.
- You will not copy, resell, or exploit any content or feature of the Services without Mobanle’s prior written permission.
- You will not use automated systems to send unsolicited communications via the Services.
- You will not engage in unauthorized spidering, scraping, or data harvesting from the Services.
- You will not collect or harvest any personal information from the Services.
- You will not upload any material containing software viruses or code that could interfere with the Services.
- You will not impersonate any person or entity.
- You will not harass any other user.
- You will not restrict or inhibit any person from using the Services.
YOUR CONDUCT AND USE OF THE SERVICES
You are solely responsible for the content you post or share on the Services (“User Content”) and for the consequences of your actions. Mobanle is not responsible for any User Content, and we may monitor, edit, remove, or disable access to any User Content at our discretion.
You agree that your User Content will not:
- Infringe on any intellectual property rights.
- Be false, misleading, defamatory, obscene, abusive, or hateful.
- Violate anyone’s right to privacy or publicity.
- Degrade individuals or groups based on protected characteristics.
- Incite violence or violate laws.
Your User Content may generally be made public and cannot be made private once posted. Your email address will not be publicly accessible unless you choose to make it so. You also warrant that you have obtained consent from identifiable individuals within your User Content, including permission for Mobanle to use their likeness for marketing purposes.
You agree not to post content you do not own or lack permission to share. You also agree not to use the Services for any illegal activities or to share child sexual abuse material or pornography. Violations may result in account termination and law enforcement notification.
Mobanle may provide content feeds for personal, non-commercial use with proper attribution, linking, and logo use.
These Terms reflect Mobanle’s policies as of December 11, 2024, and using the Services indicates acceptance of these policies.
RIGHTS TO AND USE OF THE CONTENT ON THE SERVICES
Except for User Content, all elements within the Services (“Mobanle Content”), such as software, text, photos, videos, audio, graphics, features, trademarks, service marks, and logos, are owned by or licensed to Mobanle, subject to any applicable intellectual property rights. Mobanle retains all rights to the Mobanle Content and any part of the Services not explicitly granted to users under these Terms.
By posting User Content to the Services, you grant Mobanle and its media affiliates a royalty-free, perpetual, irrevocable, nonexclusive, transferable, fully paid, sublicensable, worldwide license to: (1) use, reproduce, publish, publicly perform, display, modify, adapt, reformat, translate, excerpt, and distribute the User Content across any platform or medium now or in the future, for any purpose; (2) create derivative works from your User Content; and (3) sublicense these rights as necessary. You also grant Mobanle, its affiliates, and licensees permission to contact you about your User Content and to use your name, city, state, and any other relevant information you provide.
You may remove your User Content from the Services at any time. However, you acknowledge that Mobanle may retain archived copies of your User Content and will retain the rights to the content as provided in these Terms.
Mobanle does not claim ownership of your User Content; instead, you retain full ownership of all User Content, subject to the rights granted to Mobanle under these Terms.
Mobanle may acquire intellectual property rights over compilations, derivative works, or revisions that incorporate User Content you provide. In such cases, these rights apply only to the compilation or derivative, with you retaining full ownership of the original User Content.
When posting User Content, you authorize Mobanle to make necessary copies to enable posting, maintenance, and storage on the Services.
OBJECTIONABLE OR INAPPROPRIATE CONTENT
The Comments section of the Services may contain offensive or misleading material. Use caution and judgment when engaging with the Services. Mobanle does not endorse or guarantee the truthfulness or reliability of content generated by users. Any reliance on such material is at your own risk.
Mobanle does not regularly review content posted by others, though it reserves the right to remove, refuse, or edit content at its discretion. If you find content that you believe violates these Terms, you may inform Mobanle via feedback. Mobanle may remove content deemed inappropriate but is not legally responsible for third-party content. If content you submitted is removed, please review these Terms.
Mobanle reserves the right to access, read, preserve, and disclose information it believes necessary to: (1) comply with laws; (2) enforce these Terms; (3) address fraud or technical issues; (4) respond to support requests; or (5) protect the rights, property, or safety of Mobanle, users, or the public. Mobanle is not liable for exercising or failing to exercise these rights.
USE, PROMOTION, AND DISTRIBUTION OF CONTENT
You acknowledge that no compensation is owed for User Content submitted or posted on the Services. Mobanle may organize, display, edit, and designate your User Content at its discretion and may modify it within the scope of these Terms. Mobanle is not responsible for claims arising from modifications unless they substantially alter the original meaning or introduce new content.
OTHER INTELLECTUAL PROPERTY RIGHTS
Mobanle trademarks and service names are owned by Mobanle. References to other trademarks do not imply endorsement unless explicitly stated.
SPONSORS, ADVERTISERS, AND THIRD PARTIES
The Services may link to external sites or applications not owned by Mobanle. Such links do not imply endorsement, and Mobanle is not responsible for third-party content or practices.
PRIVACY
Use of the Services is subject to the Privacy Policy, which Mobanle may update periodically. You agree Mobanle may access or disclose personal information to comply with legal requests or as described in the Privacy Policy.
COPYRIGHT
The Services are protected under U.S. and international copyright laws. Except for content you post, you may not use any part of the Services without Mobanle’s written consent, except as provided in these Terms.
Mobanle respects intellectual property rights and prohibits materials that violate these rights. Alleged copyright infringement notifications should be submitted as directed in Mobanle’s Copyright Policy.
TERMINATION
You may terminate your use of the Services at any time, and Mobanle will remove your profile promptly. However, content you’ve posted may remain accessible on the Services. Mobanle may terminate accounts and remove content at its discretion for violations of these Terms.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Mobanle does not guarantee that the Services will meet your requirements, be uninterrupted, secure, error-free, or that results will be accurate or reliable. Mobanle disclaims liability for any reliance on advice or information obtained from Mobanle.
LIMITATION OF LIABILITY
MOBANLE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES. ANY CLAIM ARISING FROM THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR ACCESS WITHIN THE PRIOR 6 MONTHS.
LIMITATION OF LIABILITY
Mobanle shall bear no liability for damages arising from: (1) any access, download, or acquisition of content or components of the Services, even if it results in the inadvertent transfer of harmful code, such as viruses, malware, or spyware; (2) unauthorized access, disclosure, or alteration of your transmissions or data; (3) statements or conduct of any third party on the Services; or (4) as otherwise provided within these Terms.
Sequential Arbitration of Batches
In cases where neither party opts out of arbitration, another batch of up to 10 claims will be chosen from the Mass Filing, with 5 selected by the claimants’ counsel and 5 selected by Mobanle. If your claim is part of this next batch, it will be filed with NAM, and you and Mobanle will cooperate with the assigned arbitrator to resolve your claim within 90 days of the initial pre-hearing conference. This process will repeat in successive 10-claim batches until all claims in the Mass Filing are addressed. Claims outside an active batch cannot proceed until the current batch is fully resolved.
Tolling
For any claim under the Mass Filing procedures, the applicable statute of limitations is tolled from the start of the Informal Dispute Resolution Period until either: (1) the date your arbitration Demand is filed, or (2) the date you or Mobanle opts out of arbitration, as specified in subsection (e) of Section 19.
RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment, or agency relationship exists between you and Mobanle as a result of these Terms or your use of the Services.
NONWAIVER
Mobanle’s failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of that right or provision.
LIMITATION OF LEGAL ACTIONS
Any claim or cause of action arising out of or related to the Terms or the provision of the Services must be filed within one year after it arose, or it will be permanently barred.
ENTIRE AGREEMENT
These Terms, along with the Privacy Policy, form the entire agreement between you and Mobanle and govern your use of the Services, superseding all prior agreements. Additional terms may apply to certain products or services, including those provided by third parties.
EXCLUSIONS AND LIMITATIONS
Certain jurisdictions do not allow the exclusion of particular warranties or the limitation of liability for incidental or consequential damages; some of the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold Mobanle and its affiliates, officers, agents, and employees harmless from any third-party claim related to your User Content or use of the Services, including all associated claims, losses, damages, litigation costs, and attorneys’ fees. Mobanle will make reasonable efforts to notify you of such claims, but Mobanle’s failure to do so will not relieve you of these obligations.
DISPUTE RESOLUTION AND GENERAL SEVERABILITY
If any provision in these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible, and the other provisions will remain in full force.
CHOICE OF LAW
These Terms, and any dispute arising from them, will be governed by the laws of the proprietor’s governing state, excluding its conflict of laws provisions.
ARBITRATION AGREEMENT & CLASS ACTION WAIVER
Both parties agree to submit any action, claim, or counterclaim arising from these Terms to binding, individual arbitration rather than a class or representative action, with the U.S. Federal Arbitration Act governing. By agreeing, you waive the right to a jury trial and to participate in any class action.
Should any portion of relevant terms be found void, it will be considered severable and superseded by a provision closely matching its intent, with the remaining Terms enforceable. Certain exceptions to arbitration include small claims court and the pursuit of equitable relief to prevent intellectual property infringement. You may also opt out of arbitration if Mobanle modifies the terms and you notify Mobanle’s Legal Department by certified mail within 30 days.
Prior to arbitration, you and Mobanle agree to attempt informal resolution by sending a Notice of Claim to Mobanle by certified mail, specifying your claim details. Both parties will engage in good-faith resolution efforts for 60 days, after which arbitration can be initiated if necessary.
All arbitration will proceed through NAM following their Comprehensive Dispute Resolution Rules, as modified by these Terms. Arbitration fees are governed by NAM Rules, with reimbursement conditions applying based on arbitration outcomes. If NAM declines to arbitrate, a different arbitrator will be selected, or a court will appoint one.
The arbitrator has exclusive authority over all issues concerning these Terms’ enforceability, except in class action or Mass Filing disputes, which may only be handled by a court.
Mass Filing Terms
Both parties agree that Mass Filing claims will proceed in batches of no more than 10, divided equally between claimant and Mobanle-selected cases. Claims in these batches will follow the arbitration rules established by NAM.
If your claim is among the first 10 “Bellwether Arbitrations,” you agree to cooperate to resolve it within 120 days of the pre-hearing conference. If unsuccessful in mediation after the Bellwether Arbitrations, claims that remain unresolved may proceed to court under the Terms if over 20 unresolved claims persist and an election is made within 45 days.
Sequential Arbitration of Remaining Batches
If neither you nor Mobanle opt out of arbitration, another batch of up to 10 individual claims will be selected from the Mass Filing. This batch will consist of 5 claims (or half the total claims in a batch, if fewer than 10) selected by the counsel representing the claimants, and 5 claims (or half the total claims, if fewer than 10) selected by Mobanle. If your claim is included in this batch, it will be filed with NAM, and you and Mobanle must cooperate with the assigned arbitrator to resolve your claim within 90 days of the initial pre-hearing conference. This process will continue with batches of up to 10 claims at a time until all claims in the Mass Filing are resolved. Claims that are not part of a batch cannot be filed until the prior batch is fully resolved.
Tolling
For any claim under the Mass Filing procedures, the statute of limitations on your claim will be tolled from the start of the Informal Dispute Resolution Period until either: (1) the date your arbitration Demand is filed, or (2) the date you or Mobanle opts out of arbitration, as outlined in subsection (e) of Section 19.
RELATIONSHIP OF THE PARTIES
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobanle due to these Terms or your use of the Services.
NONWAIVER
Mobanle’s failure to exercise or enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
LIMITATION OF LEGAL ACTIONS
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from the Terms or the use of the Services must be filed within one year of when the claim arose or it will be forever barred.
ENTIRE AGREEMENT
These Terms, along with the Privacy Policy, constitute the entire agreement between you and Mobanle and govern your use of the Services, superseding any prior agreements. You may also be subject to additional terms when using or purchasing certain products or services, including third-party products or services.