Terms of Service
MOBIUM RESERVES THE RIGHT TO CHANGE THESE TERMS WITHOUT ADVANCE NOTIFICATION AND CONSENT OF THE CUSTOMER. IT IS YOUR SOLE RESPONSIBILITY TO KEEP UP-TO-DATE WITH THE LATEST TERMS.
THE TERM “YOU” REFERS TO AN INDIVIDUAL WHO USES THE WEBSITE AND PLACES ORDERS FOR MOBIUM’S PRODUCT FOR PERSONAL USE. IF YOU REPRESENT A LEGAL ENTITY OR ARE INTERESTED IN NON-PERSONAL MOBIUM’S PRODUCT, PLEASE CONTACT US AT [email protected] AND MOBIUM WILL PROVIDE YOU WITH SPECIAL COMMERCIAL CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND PLACE ORDERS FOR MOBIUM’S PRODUCT.
Mobium — Mobium LLC, a legal entity organized and existing under the laws of St. Petersburg, Russian Federation, should any act as a vendor and/or a Website owner.
Website — www.mobiumapps.com.
User – a person who accesses and uses the Website, regardless of the duration and results of such access and use. If otherwise not specified, ‘User’ means both a User and a Customer.
Customer – a User who initiates an Order formation on the Website.
Product – all goods presented for sale on the Website under the following Terms.
The User represents and warrants that he/she is (i) at least 18 years of age or the age of majority in his/her jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract with Mobium. Otherwise, the User confirms that he/she has obtained the consent of a parent or guardian before accessing or using the Website. In all cases, the User represents and warrants that he/she is not a person barred from accessing or using the Website under the laws of his/her jurisdiction.
Mobium controls and operates the Website from St. Petersburg, and all information is processed within St. Petersburg.
Mobium does not represent that materials on the Website are appropriate or available for use in other locations. The User agrees to comply with all applicable laws, rules and regulations in connection with the use of the Website.
User Conduct and Restrictions of Use
In addition to other restrictions set forth in these Terms, the User agrees that he/she will not use the Website to take any action and/or make available any content that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; (v) involves commercial activities and/or sales without Mobium’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including without limitation any employee or representative of Mobium; (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (viii) attempts, in any manner, to obtain security information from any other User; (ix) violates the security of any computer network, or cracks any passwords or security encryption codes.
The User is solely responsible for their communications and interactions with other Users. Mobium reserves the right, but has no obligation, to intercede in any disputes.
Certain areas of the Website are restricted to Users.
Mobium reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Website.
Mobium does not control User Content posted on the Website and, as such, does not make any representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. Mobium does not determine whether User Content violates the rights of others, and has no control over whether User Content is of a nature that Users may find offensive.
The User acknowledges and agrees that the information and views expressed by Users in User Content appearing on the Website do not necessarily reflect Mobium’s views or those of its content providers, advertisers, sponsors, affiliated or related entities, and do not support or endorse any User Content or any other content posted by any User on or otherwise accessible through the Website. Mobium does not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Mobium’s receipt or acceptance of such materials.
Mobium is not obligated to monitor access or the Website or User Content or to review or edit any User Content, but reserves the right to do so to ensure compliance with these Terms and with applicable laws or other legal requirements.
Mobium may consult with and disclose unlawful conduct to law enforcement authorities. Pursuant to valid legal process, Mobium may cooperate with law enforcement authorities to prosecute Users who violate the law.
Mobium reserves the right, but are not required, to remove or disable access to the User Content at any time and without notice, and at its sole discretion, if Mobium determines that the User Content is objectionable or in violation of these Terms. Mobium has a right to investigate violations of these Terms and any conduct that affects Mobium.
Third Parties Websites and Links
The Website may contain links to other websites operated by third parties. These links are provided for Users’ information and convenience only and are not an endorsement by Mobium. Mobium has no control over the linked websites, the third parties they are owned and operated by, the information contained on them or the availability, suitability or quality of any of their products or services.
By accessing any third party website, the User acknowledges that he/she does so at his/her own risk and agrees that Mobium shall have no liability arising from the use of or access to any third party website, service, or content.
Advertisements, co-promotions and other partnerships
Mobium may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions or other similar partnership arrangements. Mobium does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Terms of Sale
Offer and Acceptance
Information related to the Product displayed on the Website by Mobium and these Terms of Sale is an offer by Mobium to sell the Product to every Customer who is interested in purchasing the Product. The offer is subject to these Terms. By placing an Order on the Website the Customer accepts the Terms of Sale and enters into a legally binding purchase contract with Mobium.
The Customer will get confirmation of payment right after payment via email, which would be specified as a contact address.
Mobium disagrees with any additional or different terms proposed in any form by the Customer.
No Order may be canceled or altered by the Customer after it has already been shipped, except in accordance with these Terms of Sale or with Mobium’s written consent.
Mobium reserves the right to change these Terms of Sale without advance notification and consent of the Customer at any time prior to the placement of an Order. The Customer is solely responsible for keeping up-to-date with the latest Terms of Sale by checking back before placing a new Order. Every new Order placed by the Customer on the Website signifies that the Customer acknowledges and agrees to all the changes to the Terms of Sale. Any changes to the Terms of Sale made after the placement of an Order affect the Customer only in case of his/her consent.
Price and Payment
The price of the Product indicated on the Website is shown in US Dollars or in other currency which is (i) chosen by the Customer or (ii) in any local currency which is mandatory to be used under national law of the Customer’s geographical location and does not include delivery fees and applicable taxes. Mobium reserves the right to change the price of the Product at any time before the Order is placed. If an obviously incorrect price appears on the Website and is not corrected at the time of the placement of the Order, for any reason (human or technical error etc.), the Order will be canceled and the payment (if it has been validated) will be refunded.
The total payment invoiced to the Customer on the Website could be paid with a (i) credit/debit card or (ii) through a PayPal account. The Payment provider of the chosen payment method could govern the payment procedure by its own regulations, terms and conditions. Mobium is not responsible for any rights and liabilities both of the Customer or the Payment Provider during the payment procedure under the mentioned regulations, terms and conditions.
The Customer agrees that provided details of credit/debit cards or payment accounts may be processed and used by Mobium and (or) any third party involved in the payment processing after the placement of the Order.
Mobium undertakes to deliver the Product to the address indicated by the Customer within 14 (fourteen) business days following the acceptance of total payment. Designated delivery period is approximate and could be extended by Mobium due to Mobium’s reasonable business circumstances.
Mobium collects Personal Data (information that specifically identifies an individual, such as their name, address, telephone number, mobile number or e-mail address or other information about that individual that is directly linked to Personal Data) for the purpose of processing and delivery of the User’s Order, for billing and for establishment of provisions of these Terms (including but not limited to provisions related to warranties, returns and exchanges). By placing the Order the User has agreed to provide Mobium with actual and accurate information required for the purposes mentioned above.
Mobium does not share Personal Data of the User with third parties, except for those who are engaged in the processing and delivery of the User’s Order, billing and establishment of provisions of these Terms.
Mobium reserves the right to disclose Personal Data (i) as required by law and when Mobium reasonably assumes this disclosure is necessary to protect Mobium’s rights; (ii) to comply with judicial proceedings, court orders or legal process served on Mobium or the Website; (iii) in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or a part of the business or asset to which the Personal Data pertains.
Mobium may also track certain non-personal data related to the User’s use of the Website by way of using different technologies (such as Cookies, log files or web bugs) for statistical, internal analytics and research purposes. Mobium may share such non-personal data in accordance with its business needs.
Mobium may use an e-mail provided by the User for notification, security, support and maintenance advisories, newsletters, surveys, offers, and other promotional materials related to the Product or changes to these Terms. Mobium provides the User with the right to “opt-out” of using Personal Data by Mobium for promotional communication by sending a request via [email protected]
Mobium may receive comments and feedbacks related to the Product or the Website from Users and place it on the Website or other sources for promotional purposes and other Mobium’s business needs. For publishing such content Mobium may identify the authors by their first and last name and may also indicate their home city. By providing such comments and feedback the User gives Mobium consent to post his or her name along with the comment or feedback.
All intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets of the Product and the Website are used by Mobium or its affiliates and business partners and protected by international law concerning intellectual ownership and copyright and applicable national laws. Possession, access, and use of the Product or the Website by the User do not transfer to the User or any third party any rights, title, or interest in or to such intellectual property rights, including but not limited to rights to copy, display or distribute content that the User does not have intellectual rights to. Mobium and its affiliates and business partners reserve all the rights not granted in these Terms.
The User is permitted to share on the Website through available means certain ideas, data, information, opinions, comments on the Products, image, audio, and video content or any other materials (collectively, “User Content”).
The User represents and warrants that he/she owns or otherwise controls any and all the rights in and to the User Content that he/she submits and that public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
By displaying the User Content the User grants Mobium, its affiliates, licensees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by the User or notice, credit and/or compensation to the User or any third parties.
The User also hereby does and shall grant each Mobium a non-exclusive license to access the User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
If the User has an idea or information that he/she would like to keep confidential and/or does not want others to use, he/she should not post it on the Website. Mobium is not responsible for any User’s misuse or misappropriation of any User Content posted on the Website.
Limitation of Liability
Mobium is not responsible and shall not be liable for any loss, damage, loss of profits, claim or injury, whether direct or indirect, of any kind, which has a connection with the use of, or interruptions in the use of, the Product.
Mobium reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event he/she agrees to assist and cooperate with Mobium in asserting any available defenses.
If one or more provisions of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions will retain their full force and scope.
Governing Law, Jurisdiction and Dispute Resolution
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of St. Petersburg, Russian Federation, as they apply to agreements entered into and to be performed entirely for the User’s interest.
The courts in some countries will not apply the laws of St. Petersburg, Russian Federation to some types of disputes. If the User resides in one of those countries, then where the laws of St. Petersburg, Russian Federation will not be applied in accordance with national law, the laws of the country of the User’s residence will apply to such disputes related to these Terms. Otherwise, the User agrees that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising from or relating to these Terms or use of the Product and the Website will be governed by the laws of St. Petersburg, Russian Federation without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, as far as those provisions are not in contradiction with imperative rules of applicable jurisdiction.
If a dispute arises between the User and Mobium, the User shall notify Mobium about any dispute he/she has with Mobium regarding these Terms or Product and/or the Website by contacting Mobium. The Customer agrees to submit to the personal jurisdiction of the state and federal courts located in St. Petersburg, Russian Federation for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated in another court in accordance with imperative rules of another jurisdiction.