Terms of Service
IMPORTANT - PLEASE READ CAREFULLY
Entering into this Agreement:
This End User License Agreement constitutes a valid and binding agreement between SubliMobi and You,
as a user, for the use of the SubliMobi Software. You must enter into this Agreement by clicking on the ACCEPT, INSTALL or DOWNLOAD
buttons in order to install and use the SubliMobi Software.
You hereby agree and acknowledge that this Agreement covers all your use of SubliMobi Software, whether it be from this installation
or from any other terminals where SubliMobi Software has been installed, by You or by third parties. Furthermore, by installing and
continuing to use the SubliMobi Software you agree to be bound by the terms of this Agreement and any new versions hereof.
This End User License Agreement ("Agreement") may be renewed, modified and/or amended from time to time. The effective date of this
Agreement is the date on which this Agreement is entered into by clicking on the ACCEPT, INSTALL or DOWNLOAD buttons as stated above.
Electronic Signatures and Agreement(s):
You acknowledge and agree that by clicking on the ACCEPT, INSTALL or DOWNLOAD buttons or similar buttons or links as may be designated
by SubliMobi to show Your approval of any foregoing texts and/or to download and install the SubliMobi Software, You are entering into a
legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other
records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the SubliMobi
Software.
Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original
(non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction's Restrictions:
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the
ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit,
you may not enter into this Agreement and download, install or use the SubliMobi Software. Furthermore, if you are residing in a
jurisdiction where it is forbidden by law to offer or use software for Chat or Internet access, you may not enter into this Agreement and
you may not download, install or use the SubliMobi Software.
By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the SubliMobi
Software is allowed.
Article 1 Definitions
"SubliMobi" refers to the limited company in formation under the laws of France, with its address at 9 rue des Graviers, 92200 Neuilly
sur seine, France.
"Affiliate" refers to any corporation, company or other entity that directly or indirectly controls, is controlled by,
or is under common control with, SubliMobi. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership
of fifty percent (50%) or more of the outstanding voting stock of the corporation, company, or other entity.
"IP Rights" refers to any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well
as know how and trade secrets contained in or relating to the SubliMobi Software, the Documentation, the SubliMobi Website and its content
or any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by SubliMobi for the
promotion of its company, its products and activities.
"SubliMobi Software" refers to the software distributed by SubliMobi, including without limitation the User Interface ("UI") and Documentation,
as well as any future programming fixes, updates and upgrades thereof.
"SubliMobi Staff" refers to the officers, directors, employees and agents of SubliMobi or its Affiliates, or any other persons hired by
SubliMobi or its Affiliates.
"SubliMobi Website" refers to any and all elements, contents and the 'look and feel' of the website available - among other URL's - under
the URLs www.SubliMobi.com and subli.mobi from which website the SubliMobi Software can be downloaded.
"Terms of Service" refers to the agreement between SubliMobi and You for the use of the SubliMobi Services.
"You" refers to you, the end user of the SubliMobi Software, also used in the form "Your" where applicable.
Article 2 License and Restrictions
2.1 License.
Subject to the terms of this Agreement, SubliMobi hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable,
non-assignable, free of charge license to download, install and use the the object code of the SubliMobi Software on your computer(s) and/or phone
and/or PDA for the sole purpose of personally using the services and applications provided by SubliMobi and any other applications that may be
explicitly provided by SubliMobi.
For the avoidance of doubt, you are allowed to use SubliMobi Software at work, in accordance with the terms of this Agreement.
You shall not (and shall 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 Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software. You agree not to access the SubliMobi
software functions by any means other than through the interface that is provided by SubliMobi.
2.2 No Granting of Rights to Third Parties.
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties
with regard to the SubliMobi Software or any part thereof.
2.3 No Modifications.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling,
disassembling or hacking of the SubliMobi Software or any part thereof.
2.4 Third Parties.
You acknowledge and agree that the SubliMobi Software may be incorporated into, and may incorporate itself, software and other technology owned
and controlled by third parties. Any such third party software or technology that is incorporated in the SubliMobi Software falls under the scope
of this Agreement. Any and all other third party software or technology that may be distributed together with the SubliMobi Software will be
subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a
contractual relationship with SubliMobi or its Affiliates regarding such third party software or technology and you will look solely to the
applicable third party and not to SubliMobi or its Affiliates to enforce any of your rights.
2.5 New Versions of the SubliMobi Software.
SubliMobi, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and
upgrades, to the SubliMobi Software. You acknowledge and agree that SubliMobi has no obligation to make available to You any subsequent versions
of the SubliMobi Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download,
install or use a new version of the SubliMobi Software.
Furthermore, you acknowledge and agree that SubliMobi, in its sole discretion, may modify or discontinue or suspend your ability to use any
version of the SubliMobi Software, and/or disable any SubliMobi Software you may already have accessed or installed without any notice to you,
for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to,
circumstances where you, at SubliMobi's discretion, are in breach of this Agrement, creating problems, possible legal liabilities, acting
inconsistently with the letter or spirit of our policies, which can be found on the SubliMobi Website, or engaging in fraudulent, immoral or
illegal activities, or for other similar reasons. SubliMobi will not accept any liability in relation to the direct or indirect damages caused
by:
(1) the release and/or the absence of release of new versions of the SubliMobi Software and
(2) by the suspension or termination of the license or this Agreement by SubliMobi and/or by you.
2.6 Registration data
You agree to provide current, accurate identification, contact, and other information that may be required as part of the registration
process and/or continued use of the SubliMobi Software. And you agree to maintain and promptly update the Registration data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SubliMobi has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SubliMobi reserves the right to suspend or terminate
your account and refuse any and all current or future use of the SubliMobi Software. SubliMobi cannot and will not be liable for any loss or
damage arising from your failure to comply with this Article 2.6.
2.7 Premium (Paid) Services
This Agreement applies to downloading, installing and using the SubliMobi Software, free of charge. The use of any premium (paid) services
which may be offered by SubliMobi or its Affiliates is subject to the additional Terms of Service that are published on the SubliMobi Website.
Article 3 Definitions to License Restrictions and Additional Terms
3.1 Distribution of SubliMobi Software.
You are not allowed to distribute the SubliMobi Software under this Agreement. For the right to distribute You will have to agree to and meet
with the Distribution Terms as published on the SubliMobi Website.
3.2 SubliMobi Promotional Materials.
Nothing in this Agreement will give you any right to use the SubliMobi Promotional Materials.
Article 4 Utilization of Your computer
4.1 Utilization of Your device.
You hereby acknowledge that the SubliMobi Software may utilize the processor and bandwidth of the device on which you have installed the SubliMobi
Software) for the limited purpose of facilitating the communication between SubliMobi Software users.
4.2 Protection of Your device (resources).
You understand that the SubliMobi Software will use its commercially reasonable efforts to protect the privacy and integrity of the hardware
resources You are utilizing and of Your communication, however, You acknowledge and agree that SubliMobi cannot give any warranties in this
respect.
Article 5 Confidentiality and Privacy
5.1 SubliMobi's Confidential Information.
You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding SubliMobi, its Affiliates,
the SubliMobi Staff, the SubliMobi Software and the IP Rights, strictly confidential.
5.2 Your Confidential Information and Your Privacy.
SubliMobi is committed to respecting your privacy and the confidentiality of your personal data, the traffic data as well as the content contained
in your communication(s). We may sell or rent Your personal information to third parties for their marketing purposes and we use your personal
information to provide personalised services and advertisements. We store and process your information on computers that may be located outside
your country. You can access and modify the information you provide at any time. If you object to your information being transferred or used in
this way please do not use our services.
Article 6 IP Rights and Translations
6.1 Exclusive Ownership.
You acknowledge and agree that any and all IP Rights to or arising from the SubliMobi Software are and shall remain the exclusive property
of SubliMobi and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, you.
You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or
interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as
a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the SubliMobi Software,
but may be accessed through use of the SubliMobi Software, is the property of the respective content owners and may be protected by applicable
copyright or other intellectual property laws and treaties.
6.2 No Removal of Notices.
You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or SubliMobi's rights and
ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
6.3 Translations.
You acknowledge and agree that the intellectual property rights regarding any translations made by you of any information on or accessible
through the SubliMobi Website or as otherwise requested of You by SubliMobi at any time prior to or subsequent of the Effective Date will be
and remain the sole and exclusive property of SubliMobi without any compensation to you.
Article 7 Communication and Your Use of the SubliMobi Software
7.1 Communication.
Installing SubliMobi Software enables you to communicate with other SubliMobi Software users.
7.2 No Warranties.
SubliMobi cannot guarantee that You will always be able to communicate with other SubliMobi Software users, nor can SubliMobi guarantee that
you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered to other
SubliMobi Software users. SubliMobi will not be liable for any such disruptions, delays or other omissions in any communication experienced when
using SubliMobi Software.
7.3 No Responsibility of Content.
You acknowledge and understand that the content of the communication spread by the use of the SubliMobi Software is entirely the responsibility
of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or
otherwise objectionable. SubliMobi will not be liable for any type of communication or content, 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 any content posted, emailed, transmitted, made
available or otherwise spread by means of the SubliMobi Software.
7.4 Lawful purposes.
You acknowledge and agree to use the SubliMobi Software solely for lawful purposes. You agree that you are responsible for your own communications
and for any consequences thereof. You agree that you will use the SubliMobi Software in compliance with all applicable national and international
laws, rules and regulations. In this respect you may not, without limitation
(a) intercept or monitor, damage or modify any communication which is not intended for You,
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage
or disassemble the SubliMobi Software or the communication,
(c) send any unsolicited commercial communication not permitted by applicable law including "junk mail", "spam", "chain letters" and
"pyramid schemes",
(d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable, or
(e) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary,
contractual or fiduciary rights.
You shall not, shall not agree to, and shall not authorize or encourage any third party to use the SubliMobi
Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains
viruses, or is otherwise objectionable as reasonably determined by SubliMobi.
Violation of any of the foregoing may result in immediate termination of the licence, and may subject you to penalties and other legal
consequences. You acknowledge, consent and agree that SubliMobi may access, preserve and disclose your account information and content if required
to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of SubliMobi, its users and the public.
7.5 Links
SubliMobi may provide, or third parties may provide, links to World Wide Web sites or resources. Because SubliMobi has no control over such sites
and resources, you acknowledge and agree that SubliMobi is not responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that SubliMobi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or
resource.
Article 8 Term and (Consequences of) Termination
8.1 Term.
This Agreement will be effective as of the Effective Date and will remain effective until terminated by either SubliMobi or You as set forth below.
8.2 Termination by SubliMobi.
Without limiting other remedies, SubliMobi may limit, suspend, or terminate this license and your use of SubliMobi Software, prohibit access to
SubliMobi Website and delete your User Account and/or User ID, with immediate effect, if we think that you are in breach of this Agreement
creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found on the
SubliMobi Website, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other
similar reasons. SubliMobi shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing
your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
8.3 Termination by you.
You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that you
will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination.
Upon termination of this Agreement, you (a) acknowledge and agree that all licenses and rights to use the SubliMobi Software shall terminate,
and (b) will cease any and all use of the SubliMobi Software, and (c) will remove the SubliMobi Software from all hard drives, phone, devices,
networks and other storage media and destroy all copies of the SubliMobi Software in your possession or under your control.
8.5 No liability.
SubliMobi will not be liable in relation to any damage caused by the termination of this Agreement.
Article 9 Your Representations and Warranties; Indemnification of SubliMobi.
9.1 Representations.
You represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and
warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that
may apply to the use of the SubliMobi Software.
9.2 Indemnification.
You agree to indemnify, defend and hold SubliMobi, Affiliates and the SubliMobi Staff harmless from and against any and all liability and costs,
including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of
this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c)
use or misuse of the SubliMobi Software, or (d) communication spread by means of the SubliMobi Software.
9.3 Export Restrictions.
You acknowledge that the SubliMobi Software may be subject to international rules that govern the export of software. You agree to comply with
all applicable international and national laws that apply to the SubliMobi Software as well as end-user, end-use and destination restrictions
issued by national governments.
Article 10 Disclaimer of Warranties
10.1 No warranties.
THE SUBLIMOBI SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; SUBLIMOBI DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SUBLIMOBI SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. SUBLIMOBI FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SUBLIMOBI
SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS,
NOR DOES SUBLIMOBI WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF SERVICE THROUGH THE SUBLIMOBI SOFTWARE.
10.2 Your own Risk.
You acknowledge and agree that the entire risk arising out of the use or performance of the SubliMobi Software remains with you, to the maximum
extent permitted by law.
10.3 Jurisdiction's Limitations.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply
to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Article 11 Limitation of Liability
11.1 No Liability.
The SubliMobi Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SUBLIMOBI, ITS AFFILIATES AND THE
SUBLIMOBI STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SUBLIMOBI SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability.
IN NO EVENT SHALL SUBLIMOBI, ITS AFFILIATES OR THE SUBLIMOBI STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS
OF DATA, INTERRUPTION, COMPUTER FAILURE, PHONE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SUBLIMOBI SOFTWARE, EVEN
IF SUBLIMOBI, ITS AFFILIATES OR THE SUBLIMOBI STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SUBLIMOBI SOFTWARE IS TO DEINSTALL AND CEASE
USE OF SUCH SUBLIMOBI SOFTWARE.
11.4 Jurisdiction's Limitations.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not
apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Article 12 General Provisions
12.1 New versions of the Agreement.
SubliMobi reserves the right to modify this Agreement at any time by providing such revised Agreement to you or by publishing the revised Agreement
on the SubliMobi Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to you, unless you
expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by you, or your continued use of the
SubliMobi Software after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and condition
of the revised Agreement.
You can find the latest version of this Agreement at www.SubliMobi.com/legal-en.htm. SubliMobi reserves the right to make changes to this
Agreement from time to time.
12.2 Entire Agreement.
The terms and conditions of this Agreement constitute the entire agreement between You and SubliMobi with respect to the subject matter hereof
and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity.
Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder
of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver.
The failure of SubliMobi at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time
to enforce the same unless the same is explicitly waived in writing and signed by SubliMobi.
12.5 No Assignment by you.
You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by SubliMobi.
SubliMobi is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of France without giving effect to the conflict of laws or provisions
of France or Your actual state or country of residence.
12.8 Competent Court.
Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the France.
12.9 Language.
The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between
the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE ACCEPT, INSTALL OR DOWNLOAD BUTTONS AND/OR CONTINUING TO INSTALL THE SUBLIMOBI SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND
BY ITS TERMS AND CONDITIONS AND GRANT TO SUBLIMOBI THE RIGHTS SET FORTH HEREIN.
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