TERMS OF USE

Last Revised: July 17, 2014
This End User License Agreement and Terms of Service (these “Terms”) is a binding contract between you, an individual user (“you”) and Mobli Media Inc. (“Mobli” or “we”) governing your use of the MIRAGE mobile application and any websites under Mobli’s control relating to the MIRAGE mobile application (collectively, the “App”). The App allows registered users (“Registered Members”) to share Content (as defined below) with other Registered Members.

Privacy Policy

In addition to reviewing this Agreement, you should also review our Privacy Policy (“Privacy Policy”), which is incorporated by reference into this Agreement, to better understand how we collect and use information. Your use of the App and the Services constitutes your agreement to Privacy Policy's terms and conditions. See our Privacy Policy.

THESE TERMS ARE A LEGAL AGREEMENT BETWEEN US

By using the App, you agree to be bound by these Terms. You are only authorized to use the App (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms or any other policies or rules of Mobli. Mobli may stop (permanently or temporarily) providing all or any portion of the App (or any features of the App) to you or to all users, whether registered or not (“Users”) or Registered Members and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Use of the App is also governed by our Privacy Policy www.mirageapp.co/privacy, which is incorporated into these Terms by this reference.

YOU MUST AGREE TO THE TERMS TO USE THE APP

Please read these Terms carefully. If you do not agree to be bound by the Terms, you should stop using the App immediately. You agree to and accept the Terms when you:

  • download the App and become a Registered Member;
  • communicate with other Registered Members through the App; or
  • use the App.

USE MAY REQUIRE DOWNLOAD AND ACTIVATION OF SOFTWARE

The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
Mobli reserves the right to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the App, at any time and without any liability to you. Mobli reserves the right to moderate Content and may modify Content at Mobli’s sole discretion, but nothing in these Terms requires Mobli to modify or remove any Content from the App.

ELIGIBILITY

Use of the App is void where prohibited. By using the App, you represent and warrant that:

  • all registration information you submit is truthful and accurate;
  • you are 13 years of age or older; and
  • your use of the App does not violate any applicable law or regulation.

The App is hosted in the United States.

TERM

The Terms shall remain in full force and effect while you use the App or are a Registered Member. You may terminate these Terms by uninstalling the App. Mobli may terminate these Terms at any time, without warning and without any liability to you except as expressly set forth in these Terms. Even after these Terms have been terminated, the following provisions of these Terms will remain in full force and effect: Mobli Content, Feedback, Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements, Disclaimer, Limitation on Liability, Third Party Disputes, Dispute Resolution, Indemnity, and Other.

FEES

You acknowledge that Mobli reserves the right to charge for the App and to change its fees from time to time, upon written notice via the App. If Mobli terminates your Account, you will not be entitled to any refund of any fees except at Mobli’s discretion. Your use of the App may incur third party fees, such as fees charged by your mobile network operator (your “Carrier”) for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.

PROTECT YOUR PASSWORD AND ACCOUNT INFORMATION

In order to use the App you will have to become a Registered Member by providing a phone number and username (your “Account”). You also will have the option of providing a profile picture to associate with your account. By providing your phone number to Mobli, you hereby consent to Mobli sending you text messages for account verification and management purchases, and acknowledge that you are solely responsible for any Carrier fees which apply to these messages. You agree not to use the account, username, or trademark of another Registered Member at any time. Mobli reserves the right to terminate access to the App by any Registered Member whose username violates a third party’s trademark or may mislead or confuse other Registered Members. You agree to notify Mobli immediately if you suspect any unauthorized use of your account. You are solely responsible for use of your account prior to any disabling of your account by Mobli following receipt of notice of suspected unauthorized use. Mobli reserves the right to refuse service and/or terminate a username in its sole discretion. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.

NON-COMMERCIAL USE BY MEMBERS

You may not use the App for any commercial or non-personal purpose without Mobli’s express written permission. The App is evolving, and is generally intended for personal use and limited commercial use.

COMMUNICATING WITH NON-MEMBERS

Mobli may offer you the ability to send messages to individuals who are not Registered Members (“Non-Members”). When you send a message to such an individual, the message will be sent as a text message to that individual. You represent and warrant that you will only send messages through the App to Non-Members who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold Mobil harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges (including Carrier fees) associated with such messages.

YOU MAY NOT SPAM OR OTHERWISE USE THE APP FOR ANY ILLEGAL PURPOSES

Illegal and/or unauthorized use of the App, including collecting names, usernames, email addresses, and/or phone numbers of Registered Members by electronic or other means for the purpose of sending unsolicited email or any other communications is prohibited.

NO FRAMING OR DEEP-LINKING

Unauthorized framing of or linking to the App is prohibited. In addition to termination of your Account, Mobli reserves its rights to pursue appropriate legal action for any illegal or unauthorized use of the App, including through the disclosure of User activity to legal authorities, as permitted by law or these Terms.

Proprietary Rights in Content on Mobli

“Content” includes text, images, photos, or any other materials sent on or through the App.
Content you post and your license to us.

  1. You keep your rights to your Content. Mobli does not claim any ownership rights in the Content that you send through the App (“Sending”). You are simply granting Mobli a non-exclusive license as set forth in these Terms. After Sending, you continue to retain any rights you may have in such Content, and you continue to have the right to use your Content in any way you choose.
    You grant us a license to your Content. By Sending any Content through the App, you grant to Mobli an unrestricted, assignable, sublicensable (through multiple sublicensees), revocable (except as limited below), royalty-free license throughout the universe, to communicate to the public, reproduce, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works from, and otherwise use and reuse your Content (or any portions or derivative works thereof) (collectively, “Use”), through any and all distribution channels and devices, whether now known or hereafter created, and to authorize any third parties to do the same with your Content, for the sole purpose of transmitting, publicly displaying or distributing your Content to other individuals you have designated with respect to each item of your Content. You further grant Mobli a royalty-free license to Use your name, image, voice, and likeness (and that of any person identifiable in any of your Content Sent by you through the App) made available by or on your behalf through the App in conjunction with your Content, and authorize Mobli to collect information about your usage of the App, including interactions with other individuals and technical data such as whether you open a message or capture a screenshot. The foregoing license and authorization in the immediately preceding sentence will survive the termination of your Account with respect to any of your Content Sent through the App prior to such termination that is not deleted by you or any interactions with the App prior to such termination.
  2. What Your License Means. Without this license, Mobli might be unable to provide the App. For example, without the right to modify Content, Mobli might not be able to digitally compress and/or resize photos that Registered Members submit or otherwise format Content to satisfy technical requirements. The license you grant to Mobli is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mobli), sublicensable (so that Mobli is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the App, and worldwide (because the App is global in reach).
  3. Limited Waiver of Rights. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your Content uploaded to or through the App, during the term of these Terms. You expressly release Mobli and all of Mobli’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your Content as authorized in these Terms.
  4. Your Promises to Us.
    1. You represent and warrant that:
      1. you own all rights in and to the Content posted by you on or through the App or otherwise have the right to grant the license set forth in these Terms, and
      2. the Sending of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or require Mobli to obtain any licenses from or make any payments to any third party.
      3. You agree to pay any or all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the App and publicly performed, publicly displayed, communicated to the public or otherwise used or exploited.
    2. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the Content you intend to upload or transmit to or through the App, then you must not upload the Content to or through the App.
    3. Confirmation of Rights. Mobli reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in Content you upload to or transmit through the App. If you fail to provide us with such confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available on or through the App and to suspend or terminate your account with Mobli. Mobli will have no liability to you for any actions taken by it pursuant to this section.

OUR LICENSE TO YOU

  1. Mobli Content. The App contains Content of Mobli (“Mobli Content”) or its licensors. Mobli Content is protected by copyright, trademark, patent, trade secret, and other laws, and Mobli or its licensors own and retain all rights in the Mobli Content and the App.
  2. License to You. The App is licensed, not sold, to you for use only under the terms of these Terms. Mobli reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of these Terms, Mobli hereby grants you a personal, limited, revocable, non-transferable license to use the App on a single compatible device that you own or control, solely for your own use. You may not make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute or sublicense the App. You may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions set forth in “Prohibited Activities” below, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of these Terms will govern any updates provided to you by Mobli that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
  3. The App Contains Content of Users and Other Mobli Licensors. Except for your Content, you may not reproduce, copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, communicate or sell any Content appearing on or through the App except that you may view such Content in connection with accessing the App to the extent authorized by us or other Registered Members. If you download any Content not owned by you, you are strictly liable for any use of such Content not authorized by these Terms, including the redistribution of such Content to third-party social media sites.
  4. There are no implied license grants in these Terms to you.

FEEDBACK

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Mobli or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Mobli, you agree that:

  1. Mobli has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  2. Feedback is provided on a non-confidential basis, and Mobli is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
  3. You irrevocably grant Mobli and its successors and assigns perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

SECURITY

You are prohibited from violating, or attempting to violate, the security of the App. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the App, at Mobli’s sole discretion. Mobli reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the App. If you become aware of any security vulnerability in the App or Mobli Content, please provide us Feedback at feedback@mirageapp.co

RULES FOR CONTENT AND ACTIVITIES

  1. Offensive Content May Be Deleted and Other Actions May Be Taken Including Law Enforcement Referrals. Mobli may delete any Content that in the sole judgment of Mobli violates this Agreement or which may be offensive, illegal, harm, threaten, or violate the rights or the safety of any person, or harm the reputation of Mobli, or its officers, directors, employees, investors, or affiliates. Mobli reserves the right to investigate and take appropriate legal action against anyone who, in Mobli’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities. A more extensive list of prohibited Content and Activities appears below.
  2. Mobli is Not Responsible for Content. Mobli assumes no responsibility for monitoring the App for inappropriate Content or conduct. If at any time Mobli chooses, in its sole discretion, to monitor the App, Mobli nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Registered Member submitting any such Content. Content is not necessarily reviewed by Mobli prior to Sending and does not necessarily reflect the opinions or policies of Mobli. Mobli makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Registered Members. You understand that the App may expose you to information that is offensive, indecent, or objectionable. We do not have any obligation to monitor, nor do we take responsibility for Content made available by registered Members. You agree that you will evaluate, and bear all risks associated with the use of any Content available on or through the App, including any reliance on the accuracy, completeness, usefulness or legality of such Content. You understand that when using the App, you will be exposed to Content from a variety of sources, and that Mobli is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mobli with respect thereto. Mobli does not endorse any Content or any opinion, recommendation or advice expressed therein, and Mobli expressly disclaims any and all liability in connection with Content.
  3. You Are Responsible for Content You Send. You are solely responsible for the Content that you Send on or through any the App, and any material or information that you transmit to other Registered Members and for your interactions with other Users. Mobli does not endorse and has no control over the Content. You should exercise discretion, good sense, and sound judgment when Sending Content. Therefore, we strongly recommend that you think before you Send any Content. Once something is Sent through the App, we cannot guarantee that it will not live in perpetuity online, and Content Sent today could be highly embarrassing or damaging to your credibility or reputation in the future. You must not Send any Content through the App that you consider to be confidential or proprietary.
  4. Reporting of Content. If you locate any Content on or through the App that you find offensive or objectionable, you may report such Content to Mobli by sending an email to support@mirageapp.co. If you believe any Content is infringing of your intellectual property rights, please report such Content pursuant to the Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements Section of these Terms.
  5. Prohibited Content. The following is a partial list of the kind of Content the App prohibits. You agree not to Send Prohibited Content. Mobli may remove or block (but undertakes no obligation to remove or block) any of the following Prohibited Content, as well as any Content that, in Mobli’s sole discretion, is similar to such Prohibited Content. Mobli reserves the right to terminate immediately the account of any Member who uploads Prohibited Content, without notice and without any liability to you. Prohibited Content includes, but is not limited to, Content that:
    1. is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides telephone numbers, street addresses, last names, or email addresses of individuals without their expressed permission
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    12. solicits passwords or personal-identifying information for commercial or unlawful purposes from other Users; or
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  6. Prohibited Activities The following is a partial list of the kind of activity that is illegal or prohibited through your use of the App. Mobli reserves the right to terminate immediately the Account of any Registered Member who engages in Prohibited Activities, without notice and without any liability to you. Prohibited Activities include, but are not limited to, the following:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any User to buy or sell any products or services through the App. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the App in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
    3. any automated use of the system, such as using scripts to add friends or send comments or messages;
    4. interfering with, disrupting, or creating an undue burden on the App or the networks or services connected to the App;
    5. attempting to impersonate another User or person;
    6. using the account or username of another Registered Member at any time or permitting any third party to access your account;
    7. selling or otherwise transferring your Account
    8. using any information obtained from the App in order to harass, abuse, or harm another person;
    9. displaying an advertisement in your Content, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the App on behalf of that person, such as sharing commercial Content, posting blogs with a commercial purpose, selecting a username with a commercial purpose;
    10. posting any content obtained on or through the App to any third party sites or services without Mobli’s express written permission or as specifically permitted by the functionalities of the App operating as intended without any circumvention of any protections or limitations built into the functionality; provided that in all instances Mobli is identified as the source of the content and any identifying marks in such content are retained when such content is posted or made available on any third party sites. Any deletion of Mobli as the identifying source of content obtained on or through the App shall be a material breach of these Terms and may subject you to liability;
    11. altering, modifying, creating derivative works of, selling, licensing or in any way exploiting any part of the App or any Mobli Content;
    12. unless expressly permitted, copying, reproducing, distributing, publishing, displaying, performing, transmitting, streaming or broadcasting any part of the App or Mobli Content without Mobli’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Mobli’s express written consent:
      1. altering, defacing, mutilating or otherwise bypassing any approved software through which the App is made available; and
      2. using any trademarks, service marks, design marks, logos, photographs or other content belonging to Mobli or obtained from the App;
    13. bypassing, circumventing, damaging or otherwise interfering with any security or other features of the App designed to control the manner in which the App is used, harvest or mine Mobli Content from the App, or otherwise access or use the App in a manner inconsistent with individual human usage;
    14. undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the App or Mobli Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the App or Mobli Content, or by law, or otherwise attempt to use or access any portion of the App other than as intended by Mobli;
    15. using, displaying, mirroring, framing or utilizing framing techniques to enclose the App or the Mobli Content, or any portion thereof, through any other application or website, unless and solely to the extent Mobli makes available the means for embedding any part of the App or the Mobli Content;
    16. accessing, tampering with, or using non-public areas of the App, Mobli’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Mobli’s providers;
    17. creating a new account with Mobli, without Mobli’s express written consent if Mobli has previously disabled an account of yours;
    18. soliciting, or attempting to solicit, personal information from other users of the App;
    19. restricting, discouraging or inhibiting any person from using the App, disclosing personal information about a third person on the App or obtained from the App without the consent of such person, or collecting information about Users;
    20. using the App, without Mobli’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation;
    21. gaining unauthorized access to the App, to other Registered Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the App;
    22. Sending, transmitting or otherwise making available, including in any of your Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the App or Mobli Content or communications equipment and computers connected to the App;
    23. interfering with or disrupting the App, networks or servers connected to the App or violate the regulations, policies or procedures of such networks or servers;
    24. violating any applicable federal, state or local laws or regulations or these Terms through the use of the App;
    25. assisting or permitting any persons in engaging in any of the activities described above;
    26. using the App in a manner inconsistent with any and all applicable laws and regulations; or
    27. USING ANY CONTENT OBTAINED FROM THE APP FOR ANY COMMERCIAL PURPOSE WITHOUT THE EXPRESS WRITTEN CONSENT FROM THE MEMBER WHO OWNS SUCH CONTENT.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

  1. Mobli respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the App.
  2. Mobli’s intellectual property policy is to (1) remove Content that Mobli believes in good faith or upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the App, and (2) remove any Content Sent through the App by “repeat infringers.” Mobli considers a “repeat infringer” to be any User that has uploaded Content to the App and for whom Mobli has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Content. Mobli has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Mobli’s own determination.
  3. Procedure for Reporting Claimed Infringement. If you believe that any Content made available on or through the App has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
        A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
        Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
        Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mobli to locate the material;
        Information reasonably sufficient to permit Mobli to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
        A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  4. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
  5. Designated Agent Contact Information
    Via E-mail: dmcaagent@mobli.com Via U.S. Mail:
    Keren Orian Mobli Media, Inc. 2220 Nostrand Avenue New York, NY 11210
  6. Counter Notification. If you receive a notification from Mobli that material made available by you on or through the App has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Mobli with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Mobli’s Designated Agent through one of the methods identified in Section 4 immediately above, and include substantially the following information:
    1. A physical or electronic signature of the subscriber;
    2. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    3. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Mobli may be found, and that the subscriber will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
    4. 6. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Mobli] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
    5. 17 U.S.C. § 512(f)

      For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section should be sent to the Designated Agent at dmcaagent@mobli.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Mobli, the operation of the App or any other matter should be sent to support@mirageapp.co.

      MEMBER DISPUTES

      You are solely responsible for your interactions with other Users. Mobli reserves the right, but has no obligation, to monitor disputes between you and other Users.

      DISCLAIMERS

      1. Accuracy of Content. Mobli is not responsible for any incorrect or inaccurate Content posted on the App, whether caused by Users or by any of the equipment or programming associated with or utilized in the App.
      2. Advertising. Mobli takes no responsibility for third-party advertisements which are posted on the App, nor does it take any responsibility for the goods or services provided by its advertisers. You rely upon third-party advertisements at your own risk.
      3. Users. Mobli is not responsible for the conduct, whether online or offline, of any User of the App. Mobli assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered Member communication.
      4. Technical Issues and Injuries. Mobli is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the App or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the App. Under no circumstances shall Mobli be responsible for any loss or damage, including personal injury or death, resulting from use of the App, from any Content Sent on or through the App, or from the conduct of any Users of the App, whether online or offline.
      5. App Provided As-Is. THE APP IS PROVIDED “AS-IS,” AND AS AVAILABLE, AND MOBLI EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      6. No Fitness for Particular Purposes. Mobli cannot guarantee and does not promise any specific results from use of the App.
      7. Phone or Other Charges. Users are solely responsible for all phone or related charges incurred because of using the App. Downloading or using the App is at your sole risk.

      LIMITATION ON LIABILITY

      IN NO EVENT SHALL MOBLI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PACKAGE, EVEN IF MOBLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APP OR PERSONS YOU MEET THROUGH THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK IN CONNECTION WITH USING THE APP, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF PEOPLE YOU MEET THROUGH THE APP. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOBLI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOBLI FOR THE APP DURING THE TERM OF THESE TERMS. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.

      THIRD PARTY DISPUTES

      MOBLI IS NOT AFFILIATED WITH ANY CARRIER, OR SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE APP, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE MOBLI (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

      DISPUTE RESOLUTION

      1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MOBLI AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
        1. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Mobli, to you via any other method available to Mobli, including via e-mail. The Notice to Mobli should be addressed to: Mobli Media, Inc., 2220 Nostrand Ave., Brooklyn, New York, N.Y. 11210, Attn: CEO (the “Arbitration Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (the “Demand”). If you and Mobli do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mobli may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Mobli, then Mobli will promptly reimburse you for your confirmed payment of the filing fee upon Mobli’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
        2. Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Mobli agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (2) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
        3. No Class Actions. YOU AND MOBLI AGREE THAT YOU AND MOBLI MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
        4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the App evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
        These Terms and your use of the App shall be governed by the substantive laws of the State of New York without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Mobli under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you and Mobli hereby submit to the personal jurisdiction and venue of these courts.
      2. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Mobli seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Mobli or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Mobli, including with respect to any Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
      3. Claims. You and Mobli agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the App, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
      4. Improperly Filed Claims. All claims you bring against Mobli must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Mobli may recover attorneys’ fees and costs up to $5,000, provided that Mobli has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

      INDEMNITY

      You agree to indemnify and hold Mobli, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees (collectively, the “Mobli Indemnified Parties”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (a) your access, use, or misuse of the App, or Mobli Content, or (b) your violation of these Terms. Notwithstanding the foregoing, Mobli reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Mobli Indemnified Parties if the Mobli Indemnified Parties, in their reasonable discretion, conclude that you are not adequately protecting their interests or are incapable of protecting Mobli’s interests, and you agree to cooperate with the Mobli Indemnified Parties’ defense of these claims. You agree not to settle any matter without the prior written consent from Mobli. Mobli will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

      OTHER

      1. These Terms are accepted upon your use of the App and is further affirmed by you becoming a Registered Member.
      2. These Terms constitute the entire agreement between you and Mobli regarding the use of the App. No statement or communication by any employee or representative of Mobli shall modify these Terms unless such modification is specifically identified and set forth in a writing signed by an officer of Mobli.
      3. The failure of Mobli to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
      4. You consent to receiving electronic communications from Mobli including text messages. These communications may include notices about your account and information concerning or related to the App. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
      5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobli as a result of these Terms or use of the App. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Mobli other than pursuant to these Terms.
      6. The section titles in these Terms are for convenience only and have no legal or contractual effect.
      7. Mobli and the Mobli Logo are among the trademarks of Mobli, Inc.
      8. These Terms operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
      9. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mobli without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.

      Please contact us at: termsofuse@mobli.com with any questions regarding this Agreement.

      NOTICE REGARDING APPLE

      You acknowledge that these Terms are between you and Mobli only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Mobli provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version shall prevail.