Welcome to Mobilda.com (the “Website”). This Website is owned and operated by Mars Technologies Ltd. (referred to as “MMG”, “our”, “we” or “us” in these Terms of Service). Through the Website, MMG provides features and content and offer our products and services to you.
Use of this Website is subject to the following conditions (referred to as “Terms”, Terms of Service” or “Conditions”).
BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OUR WEBSITE.
2. COPYRIGHT AND TRADEMARKS
All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio and video clips, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of our Website is the property of MMG or its business partners and suppliers and protected by intellectual property protection laws.
You must not without our express prior written consent:
· Republish material from our Website;
· Sell, rent or sub-license content or material from our Website;
· Show any content or material from our Website in public;
· Reproduce, duplicate, copy or otherwise exploit content or material on our Website for a commercial purpose;
· Edit or otherwise modify any content or material on our Website; or
· Redistribute content or material from our Website.
Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by MMG that appear on the Website are the property of their respective owners.
3. ACCEPTABLE USE
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using our Website or its content:
a. in any way that causes, or may cause, damage to our Website or impairment of the availability or accessibility of our Website, other websites, or access any part of the Website without authority;
b. in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
c. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. to collect or track the personal information of others or to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, spamming, phishing, pharming, pretext, spidering, or crawling) on or in relation to our Website;
e. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
f. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
g. to submit false or misleading information;
h. for any obscene or immoral purpose;
i. for any purposes related to marketing without our express written consent.
4. RESTRICTED ACCESS
We reserve the right to restrict access to certain areas of our Website, or the entire Website, at our discretion. Also, We may revoke any permission to access restricted areas or the whole Website at our sole discretion without notice or explanation.
5. THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. USER CONTENT, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example “contact us” form) or without a request from us you send, reviews requests, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. By submitting comments to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use our services do the same. We may terminate the privileges of users who infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on our Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
· A statement that you have a good faith belief that 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.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website is our General Counsel, who can be reached as follows:
Attn: DPO, MMG, Email: [email protected]mars.media
EU representative: MMG [email protected] attn ; 113 General Kolev st. Varna 9000, Bulgaria
8. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website is inaccurate at any time, without prior notice. We undertake no obligation to update, amend or clarify information in our Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on our Website has been modified or updated.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL MMG, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless MMG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
12. GOVERNING LAW
These Terms of Service and shall be governed by and construed in accordance with the laws of the State of Israel without its conflict of laws rules, and the courts in Tel Aviv Israel shall have exclusive jurisdiction over the Parties.
13. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
14. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Last updated Dec, 2022