Terms of Service.

“Mobowski” will be understood to refer to legal entities or businesses (as contemplated in articles 2:24a, 2:24b and/or 2:24c of the Dutch Civil Code (“Burgerlijk Wetboek”), belonging to Mobowski, which declares or has declared these general terms and conditions (“Terms of Service”) to be applicable.
By using the Mobowski.com website (“Service”), all services of Mobowski (“Mobowski”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable or if you do not agree to these terms of use, please do not use the Service. We may revise these terms of use at any time without notice to you. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://mobowski.com/terms/. Violation of any of the terms below will result in the termination of your Account. While Mobowski prohibits such conduct and Content on the Service, you understand and agree that Mobowski cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Mobowski cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

1. A valid credit card is required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. Mobowski will use whatever possible to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.

 

1. You are solely responsible for properly canceling your account. You may terminate your use at any time, for any reason. Account cancellation requests must be submitted in writing to . Cancellations by phone or sent to any other email address will not be considered valid.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Mobowski reserves the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mobowski service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. Mobowski reserves the right to refuse service to anyone for any reason at any time.

 

1. The Internet and technology are rapidly changing. Accordingly, Mobowski reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobowski Site (www.mobowski.com) or the Service itself.
3. All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, setup fees, or refunds for months unused. Mobowski reserves the right to deactivate your access to the Service for failure to pay applicable fees. If you provide us with a credit card that expires during the term of these terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Mobowski in the event of any refusal of your credit card issuer to pay any amount to Mobowski for any reason. You agree to pay interest at the rate of either 1.5% per month on any outstanding balance, together with costs of collection, including attorney's fees and costs. In the event you fail to pay any amount when due, Mobowski may immediately suspend or terminate these Terms and your access to the Service.
4. Your subscription will renew automatically, unless we terminate it or you notify us by email (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5. Mobowski shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. From time to time, Mobowski may issue an update to the Mobowski application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Mobowski will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

 

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Mobowski application to create your mobile application, you agree to allow others to view and share your Content.
2. Mobowski does not pre-screen Content, but Mobowski and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright 2011 Mobowski. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Mobowski.
4. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Mobowski application.

 

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only available via email. The technical support email address is .
3. You authorize Mobowski to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
4. You understand that Mobowski uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Mobowski service.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mobowski.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobowski customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. Mobowski does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the Service will be corrected.
13. You expressly understand and agree that Mobowski shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mobowski has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; (V) or any other matter relating to the service.
14. The failure of Mobowski to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mobowski and govern your use of the Service, superseding any prior agreements between you and Mobowski (including, but not limited to, any prior versions of the Terms of Service).
15. In no event shall Mobowski liability to you exceed the amount actually paid to Mobowski by you during the preceding 12 months.
16. The Terms of Service shall be governed by the laws of the Netherlands.
17. Questions about the Terms of Service should be sent to .