MobileStudio: MobileStudio simplifies the creation of Mobile Sites

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Terms and conditions

THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE SUBSCRIPTION OF MOBILE WEBSITE CREATION AND MAINTENANCE SERVICES (herein referred to as "MobileStudio") AMONG YOU (herein after referred to as "Client") AND SAFIRATEC S.L. THE PROVIDER OF MobileStudio SERVICES, (hereinafter referred to as "Company"). PLEASE READ THE FOLLOWING AGREEMENT. BY SUBSCRIBING TO MOBILESTUDIO SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE AGREEMENTS. IF YOU AGREE WITH THEM, CLICK ON THE SIGN UP BUTTON LOCATED ON THE SIGN UP PAGE OF THE MOBILESTUDIO WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBSCRIBE TO MOBILESTUDIO SERVICES.

1. Provision of Services. Company will provide Client with the Services ordered during the sign up process. Company strives for 99% uptime so that Customers can create & edit anytime. However, the service may be unavailable for short periods of time due to maintenance and upgrading. While the MobileStudio service is unavailable, Client will not be able to use it to create or edit their site, but their site will not otherwise be affected. In websites created using MobileStudio, a â€œPowered byâ€? footer with a hyperlink to MobileStudio would be set and the Client agrees not to remove it. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of MobileStudio services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

The websites generated by MobileStudio will have an image reference to the MobileStudio server for the purpose of Statistical Analysis. If the Client has any objection to it, the client is free to remove it.

2. Subscription, Pricing and Payment. Once completed the registration process and signed into the private dashboard area, you can select from the available menu of services to which you wish to subscribe ("Services") to create a mobile site. All subscriptions to Services are subject to acceptance by Company. Your subscription to the Services will be deemed accepted by Company when Company delivers a confirmation of the subscription to you. Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be Company' then current pricing for such Services. After Company' acceptance of your subscription to the Services, Company will electronically deliver to you a schedule of the Fees. The payments will be made to Company through paypal or online credit card or pursuant to the any other methods set forth by Company. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or subscription fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Company's sole discretion. All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by the company.

3. Rights to the Web Site and Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via MobileStudio services. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using MobileStudio services and for any consequences thereof. You agree to use MobileStudio services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines and not use any pirated content. You agree that you will not engage in any activity that interferes with or disrupts MobileStudio services or servers or networks connected to MobileStudio services. Company claims no ownership or control over any Content submitted, posted or displayed by you on or through MobileStudio services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through MobileStudio services and you are responsible for protecting those rights, as appropriate.

Hate/terror sites: You are not allowed to create any sites a Hate/Terror nature. MobileStudio will be the final authority on whether a site is of a Hate/Terror nature.

4. Limited License to the Background Technology. "Background Technology" means computer programming & formatting code or operating instructions developed by or for MobileStudio services and used to maintain the website. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by Company.

5. Support. Company agrees to provide reasonable technical support to Client during Company' normal technical support hours. Company additionally agrees to provide Client service support in the form of online help desk or e-mail during Company' normal Client support hours.

6. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (7) day period; and (c) upon the termination of this Agreement, Client will pay Company for all Services provided to Client by Company prior to termination.

7. No Resale Of service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of MobileStudio services, use of MobileStudio services, or access to MobileStudio services.

8. Proprietary Tool Limitations. The MobileStudio services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision of Company is final in any issue that might arise due to this.

9. Warranties. Company warrants that MobileStudio will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any Web site modified by any party other than through MobileStudio services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Company' warranty obligations are personal to Client and may not be extended to any third party.

Except as expressly provided in this Agreement, the Services and Client Web sites are provided "as is," and Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. You hereby acknowledge and agree that will not be liable for any temporary delay, outages or interruptions of the Services.

10. Indemnity. You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of MobileStudio services, violation of this Terms of Service or any other actions connected with use of MobileStudio services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

11. Limitation of Liability. COMPANY' LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.

12. Miscellaneous. You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

This Agreement will be governed by and construed in accordance with the laws of Spain. If any provision of this Agreement and for any reasons found to be unenforceable, the remainder of this Agreement will continue in full force and effect. Incase of any dispute (or) differences between the parties with regards to the terms and conditions of this license (or) any action taken in furtherance of this agreement the courts in Barcelona, Spain alone shall have the jurisdiction to adjudicate upon the same. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.

The Internet is a complex world- wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. Company will not be held liable for network outages nor damages resulting from network outages.

This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.

Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future Clients. Company may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Company' posting of any changes or modifications will constitute your acceptance of such changes or modifications.

13. Notice. You agree that company may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on MobileStudio services.

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