Mo'Minis - Terms Of Use
Thank you for visiting www.mominis.com, a Mo'Minis Ltd. ("Mo'Minis") website, and any Mo'Minis related websites (the "Site(s)") and/or using Mo'Minis Game Development and Customization tools (the "Tools"), and/or using the Mo'Minis forums (the "Forums") hereby to be collectively named Mo'Minis services (the "Services"). This Terms of Use Agreement ("Agreement") contains the legally binding terms for your use of the Services. You may access the Site and use the Services only if you agree to abide by all applicable laws and accept the terms of this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Site or quit the installation process of any of the Tools and discontinue use of the Services immediately. This Agreement includes the terms and conditions for use of the Site and any forums on the Site, contests or other applications offered on the Site, the Services and terms that apply to text, files, programs, applications, games, images, graphic works, photos, video, sounds, musical works, works of authorship, game play or any other materials (collectively, "Content") posted on the Site or through the Services, as well as your rights, obligations and restrictions regarding your access to the Site and use of the Services. The Tools are used to develop mobile applications such as games, wall papers, greeting cards, etc. by applying Content (the "Mobile Applications"). By accessing the Site or using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are only browsing the Site) or you are a "Member" (which means that you have registered with the Site, and may upload Content to the Site). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (whether as a Visitor or a Member, regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Issues concerning collection and use of information by Mo'Minis are described in Mo'Minis's Privacy Policy. Mo'Minis may revise the terms of this Agreement to reflect changes in the software, market needs and customer feedback. If there are significant changes to this Agreement, Mo'Minis will notify Users about such changes by placing a prominent notice on the Site. Users are encouraged to periodically review this Agreement to be informed of the terms of use of our software and website. At all times, the latest version of this Agreement will be published on the website at http://www.mominis.com/tou.php You agree to be bound to any changes to this Agreement when you access the Site or use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Mo'Minis reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. 1. Eligibility. Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party. 2. Term. Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party. 3. Fees. The use of the Site and Services is currently free of Charge. However, Mo'Minis reserves the right to charge fees for the access to and/or use of the Site or Services, and/or any parts or specific features related to the Site or the Services. 4. Registration; Password. Users are prohibited from opening more than one account. When you register to the Site you will be asked to choose a password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Mo'Minis immediately if you suspect any unauthorized use of your account or access to your password. You are entirely responsible for maintaining the confidentiality of your password, and for any and all use of your account. 5. Non-commercial Use. The Content may not be used in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in this Agreement. 6. Proprietary Rights in Content; Trademarks; Allowed Use of Content. a. Content made available by Mo'Minis. The Services contain Content of Mo'Minis (the "Mo'Minis Content"). The Mo'Minis Content is protected by copyright, trademark, patent, trade secret and other laws, and Mo'Minis owns and retains all of its rights in the Mo'Minis Content, the Site and the Services. Mo'Minis hereby grants you a limited, revocable, nonsublicensable license to use the Mo'Minis Content solely for the purpose of developing Mobile Applications using the Tools and for no other purpose. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, download, post, broadcast, transmit or otherwise use the Mo'Minis Content. You are permitted to adapt, alter or create a derivative work from any such Mo'Minis Content only in order to develop the Mobile Applications. b. Content made available by you for use by other Members. You may submit your content on the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Site or Services or otherwise have the unlimited right to grant the licenses set forth in this Agreement, without the need to obtain any consent, and for no consideration, and (ii) the posting of your Content on or through the Site or Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site or Services. While submitting Content you may specify in association to your Content various requirements or limitations you wish to apply to the use of your submitted Content by other Members (e.g., limitation on use, royalties, etc.). Unless you specify such requirements or limitations, the Content submitted by you will be deemed to have granted other Members an irrevocable, royalty free, sub-licensable license to use the Content submitted by you. By submitting Content on the Site or Services, you hereby grant Mo'Minis full commercialization rights in the Content, on a non-exclusive, perpetual, irrevocable, free of charge (subject to the provisions of the EULA) fully assignable (including the right to grant the right to third parties) basis, including without limitation the right to use, distribute, reproduce, modify, enhance, create derivatives, digitize, adapt, publish and publicize, translate and transcribe, embody, transmit and broadcast, publicly perform and publicly display the Content by itself or through third parties either as free (promotional or ad-supported) or paid-for content, or to incorporate Content into other works in any format or medium now known or later developed. c. Content made available to you by other Members. The Mo'Minis Site and Services contain Member submitted Content, and Content of Mo'Minis's licensors. You may use Content submitted by other Members, solely for the purpose of developing Mobile Applications using the Tools and for no other purpose. Such use of Member submitted Content, is subject to compliance with the requirements of such Member (e.g., limitation on use, royalties, etc.) as may be expressed by the Member who submitted the Content. d. Content made available by you for use by Mo'Minis. You may choose to contribute your Content to Mo'Minis. You represent and warrant that: (i) you own the Content posted by you for such purpose or otherwise have the unlimited right to grant the licenses set forth in this Agreement, without the need to obtain any consent, and for no consideration, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site or Services. By choosing to contribute Contributed Content to Mo'Minis, and in order to enable Mo'Minis to use the Contributed Content without limitation, you hereby grant Mo'Minis full commercialization rights in the Content, on a non-exclusive, perpetual, irrevocable, free of charge (subject to the provisions of the EULA) fully assignable (including the right to grant the right to third parties) basis, including without limitation the right to use, distribute, reproduce, modify, enhance, create derivatives, digitize, adapt, publish and publicize, translate and transcribe, embody, transmit and broadcast, publicly perform and publicly display the Content by itself or through third parties either as free (promotional or ad-supported) or paid-for content, or to incorporate Content into other works in any format or medium now known or later developed, including any related copyright and moral rights. Mo'Minis shall be entitled to use such Contributed Content as it deems fit, including sharing it with its Users, or using it for any commercial or non-commercial purpose. e. Use of Mobile Applications. Mo'Minis Site and Services also include Mobile Applications. You may use the Mobile Applications available on the Site for your personal, non-commercial use only. f. Trademarks. "Mo'Minis", "Mo'Minis.com" and other Mo'Minis trademarks, service marks, logos, product and service names are trademarks of Mo'Minis Ltd. (collectively, "Marks"). You agree not to display or use the Marks in any manner without the prior written permission of Mo'Minis. 7. Forums, Public Areas and Content Posted. a. "Forum" means an area on the Site that enables Users to post, submit, display, share or exchange User Content and other information with other Users. Use of the Forums shall be made strictly in accordance with this Agreement. b. Please keep in mind that whenever you give out personal information online, including through any Forum, that information can be collected and used by people you don't know. We strongly recommend that you do not share information, including through any Forum, that others could use to harm you such as private or sensitive information, such physical address, bank account information, phone numbers, etc. The decision to view or submit any Content through the Forums is entirely yours. We cannot guarantee the security of any information or Content you disclose through any Forum; you make such disclosures at your own risk. c. Mo'Minis may delete any Content that in the sole judgment of Mo'Minis is inappropriate for display on the Site, violates this Agreement or which may be offensive, illegal or violate the rights or harm any person or entity or threaten the safety of any person. Mo'Minis assumes no responsibility for monitoring the Site or Services for inappropriate Content or conduct. If at any time Mo'Minis chooses, in its sole discretion, to monitor the Site or Services, Mo'Minis nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content. Mo'Minis shall not be obligated to notify Users prior to the removal of any Content, and Mo'Minis shall not be responsible for any loss of, blocking access to, or deletion of any Content posted on the Site. d. You are solely responsible for the Content that you post on or through the Site or Services, and any material or information that you transmit to other Users and for your interactions with other Users. Mo'Minis does not endorse and has no control over the Content. Content may be reviewed (automatically or manually) but is not necessarily reviewed by Mo'Minis prior to posting and does not necessarily reflect the opinions or policies of Mo'Minis. Mo'Minis 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 or receive from other Users. 8. Prohibited Content/Activity. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users, crawling for Content either manually or automatically by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site or use of its content is prohibited. Posting of commercial advertisements, links, and other forms of solicitation may be removed without notice and may result in termination of your registration. Appropriate legal action will be taken in Mo'Minis's discretion for any illegal or unauthorized use of the Services. The following is a partial list of the kind of activity and/or Content that is illegal or prohibited on the Site and through your use of the Services. Mo'Minis may disclose any Content as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with this Agreement. Mo'Minis reserves the right to investigate and take appropriate legal action against anyone who, in Mo'Minis's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited Content includes, but is not limited to Content, that in the sole discretion of Mo'Minis: a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b. harasses or advocates harassment of another person; c. exploits people in a sexual or violent manner; d. contains nudity, violence, or offensive subject matter or contains a link to an adult website; e. solicits personal information from anyone under 18; f. provides any telephone numbers, street addresses, bank account details, credit card details or any other personal or sensitive information; g. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; h. 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; i. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); k. 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; l. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; m. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or n. includes a photograph of another person that you have posted without that person's and photographer's consent; or o. Prohibited activity includes, but is not limited to: p. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; q. advertising to, or solicitation of, any User to buy or sell any products or services through the Site or Services. 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 Site or Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Mo'Minis reserves the right to restrict the number of emails, messages or content items which a User may send to other Users in any 24-hour period to a number which Mo'Minis deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site or Services, you acknowledge that you will have caused substantial harm to Mo'Minis, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mo'Minis $250 for each such unsolicited email or other unsolicited communication you send through the Site or Services; r. any automated use of the system, such as using scripts to add friends or send comments or messages; s. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; t. attempting to impersonate another User or person; u. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; v. selling or otherwise transferring your profile; w. using any information obtained from the Services in order to harass, abuse, or harm another person; x. displaying an advertisement or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site or Services on behalf of that person, such as placing commercial content, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or y. using the Site or Services in a manner inconsistent with any and all applicable laws and regulations. 9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or by the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mo'Minis's Copyright Agent for notice of claims of copyright infringement can be reached at: Copyright Agent c/o Mo'Minis Ltd. 14 Raul Valenberg Street Tel Aviv, 69719 Israel By phone: Int +972 (3) 644-3148 By fax: Int +972 (3) 644-4180 By email: copyright@mominis.com Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment cannot be received or processed. 10. User Disputes. You are solely responsible for your interactions with other Users. Mo'Minis reserves the right, but has no obligation, to monitor disputes between you and other Users. 11. Privacy.Access to the Site and use of the Services is also governed by our Privacy Policy,which is incorporated into this Agreement by this reference. 12. Disclaimers. Mo'Minis is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Content posted on the Site is subject to change from time to time at Mo'Minis's sole discretion. Mo'Minis's Content and Content created and posted by Members may contain links to other websites or Content posted by third parties. Mo'Minis is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mo'Minis, and access to these third-party sites is at your own risk. Mo'Minis takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mo'Minis is not responsible for the conduct, whether online or offline, of any User of the Services. Mo'Minis 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 communication or Content. Mo'Minis 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 due to technical problems or traffic congestion on the Internet or on any of the Site or Services 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 Site or Services. Under no circumstances shall Mo'Minis be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline. You must evaluate and will bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. The Services are provided "AS-IS" and as available and Mo'Minis expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mo'Minis cannot guarantee and does not promise any specific results from use of the Site or Services. 13. Limitation on Liability. WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, YOU HEREBY ACKNOWLEDGE THAT THE SITE AND SERVICES ARE UNDER DEVELOPMENT AND HAVE NOT BEEN FULLY TESTED. DUE TO THE NATURE OF THE DEVELOPMENTAL VERSION OF THE SITE AND SERVICES, THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND SERVICES REMAINS WITH YOU. IN NO EVENT SHALL MO'MINIS 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 SERVICES, EVEN IF MO'MINIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MO'MINIS'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 MO'MINIS FOR THE SERVICES. 14. Disputes. In the event of any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Israel, without regard to conflict of law provisions and you agree that all claims relating to the Services be adjudicated exclusively in the applicable courts located in Israel, provided that the foregoing shall not prevent Mo'Minis from seeking injunctive or equitable relief in any court of competent jurisdiction. 15. Indemnity. You agree to indemnify and hold Mo'Minis, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due arising out of or relating to your use of the Services, your breach of this Agreement, any breach of your representations and warranties set forth above or if any Content that you post on the Site or through the Services or your use of the Services causes Mo'Minis to be liable to or subject to a claim by another. 16. Other. This Agreement constitutes the entire agreement between you and Mo'Minis regarding the use of the Site and Services. The failure of Mo'Minis to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement 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 shall be replaced by an enforceable provision most nearly approximating the intent of the original provision and does not affect the validity and enforceability of any remaining provisions. Please contact us at: tou@mominis.com with any questions regarding this Agreement. Last modified: 06 July, 2009