Mobile Apps Ventures, LLC - Terms of Service
Effective Date: October, 2024
Terms of Service
The Mobile Apps Ventures websites, related mobile applications and services (collectively, the “Services”) are made available to you by Mobile Apps Ventures. More information about the Services may be found at https://mobileappsventures.com/. You agree to comply with these Terms and any supplemental terms which Mobile Apps Ventures makes available to you on the Services which shall form part of the Terms. By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to the these terms. If you do not agree to the these terms, do not access or use the services.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Mobile Apps Ventures Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Mobile Apps Ventures processing data about you, and other Mobile Apps Ventures members, including your location data. Processing of the data you share with Mobile Apps Ventures, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Registration and Accounts
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Mobile Apps Ventures may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Mobile Apps Ventures has reasonable grounds to suspect that such Member Data is inaccurate or not current, Mobile Apps Ventures has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Mobile Apps Ventures of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Mobile Apps Ventures.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Mobile Apps Ventures to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.
Payments and Fees
Payments
In order to use the Mobile Apps Ventures Premium Service for Premium Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, via AppStores, or any other form of payment accepted by Mobile Apps Ventures (the “Subscription”).
If you provide your payment information, you authorize certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you signed up through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Mobile Apps Ventures, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via hi@mobileappsventures.com
Fees
In order to access certain functionality of the Services, you may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Mobile Apps Ventures account, whether on a one-time or subscription basis. Mobile Apps Ventures reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Auto-Renewal
Premium membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Premium membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium membership at any time, as described below.
Cancellation
Cancellation of Mobile Apps Ventures Premium
If you signed up through the Google Play or iTunes store, you may cancel your Premium membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Premium membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the Premium membership fees may have increased.
Member Conduct
Conduct
The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
Copying, framing or mirroring any part of the Services;
Accessing the Services to monitor its availability, performance or functionality;
Permitting any third party to access the Services;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Mobile Apps Ventures;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Mobile Apps Ventures internet protocol space;
Avoiding payment of charges or fees payable by you with respect to the Services;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Mobile Apps Ventures than a human can reasonably produce in the same period of time by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
Using the Services for any commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Submitting to the Services or to Mobile Apps Ventures any personally identifiable information, except as necessary for the establishment and operation of your account;
Submitting to the Services or to Mobile Apps Ventures any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Mobile Apps Ventures or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Third Parties
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Mobile Apps Ventures. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Mobile Apps Ventures shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.
Mobile Apps Ventures or third parties may provide links to other internet sites or resources through the Services. Mobile Apps Ventures does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Mobile Apps Ventures is not responsible for the availability of such external sites or resources.
Electronic Communications
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or Mobile Apps Ventures. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Mobile Apps Ventures provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Mobile Apps Ventures (unless expressly stated otherwise by Mobile Apps Ventures) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Mobile Apps Ventures in any manner, though Mobile Apps Ventures reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Mobile Apps Ventures or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Mobile Apps Ventures grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Mobile Apps Ventures.
The term Mobile Apps Ventures, the Mobile Apps Ventures logo and other Mobile Apps Ventures logos and product and service names are the exclusive trademarks of, and are owned by, Mobile Apps Ventures, Inc., and you may not use or display such trademarks in any manner without Mobile Apps Ventures’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
Mobile Apps Ventures reserves all rights not expressly granted hereunder.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Mobile Apps Ventures a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Mobile Apps Ventures any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
The information, software, products, services and content available through the services are provided to you “as is” and without warranty. Mobile Apps Ventures and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement. Mobile Apps Ventures and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.
You expressly agree that Mobile Apps Ventures is not providing medical advice via the services. The content provided through the services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Mobile Apps Ventures.
You expressly agree that your athletic activities (including, but not limited to, cycling, running, or following a Mobile Apps Ventures training plan offered on the services) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Mobile Apps Ventures or by the action, inaction or negligence of others.
You expressly agree that Mobile Apps Ventures does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or group activity that utilizes the services, including any that are organized by a club administrator.
You expressly agree to release Mobile Apps Ventures, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability in connection with your athletic activities and/or use of the Mobile Apps Ventures websites, mobile applications, content, services or products (including, without limitation, any Mobile Apps Ventures training plan), and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created or licensed by Mobile Apps Ventures (including, without limitation, any Mobile Apps Ventures training plan) while engaged in athletic activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Mobile Apps Ventures has been advised of the possibility of damages.
Because some states/jurisdictions do not allow some or all of the exclusions or limitations of liability above, such as exclusions for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. In entering into this release, you acknowledge that you have read and understand, and hereby expressly waive the benefits of, any law of any state, country or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Mobile Apps Ventures does not endorse your content or any other member’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the services.
If you are a consumer residing in the european union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.
Termination
You agree that Mobile Apps Ventures may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Mobile Apps Ventures’s sole discretion and that Mobile Apps Ventures shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.
General
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Mobile Apps Ventures as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Mobile Apps Ventures with respect to your use of the Services. The failure of Mobile Apps Ventures to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Mobile Apps Ventures. Mobile Apps Ventures has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Mobile Apps Ventures notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Mobile Apps Ventures reserves the right to update the Terms at any time and for any reason in its sole discretion. Mobile Apps Ventures will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Mobile Apps Ventures and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Mobile Apps Ventures reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Mobile Apps Ventures shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via hi@mobileappsventures.com