where companies produce quality multimedia content on a cloud-based platform providing proven tools and a global network of creative professionals, all focused on accelerating your project from concept to market.
We provide this platform Terms of Service ("Terms of Service") because it is important for you to understand the rights you have and the rights we have in providing this platform for commerce, communication and collaboration, as well as the rights of the parties you will be dealing with, whether as a producer or buyer of Content.
1. ACCEPTANCE OF TERMS OF SERVICE
By accessing, browsing or otherwise using the MEDIAmobz.com website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
2. DESCRIPTION OF THE SERVICE
General Description. The Service is a platform that, depending on subscription you select, allows a) members to use relevant tools provided and b) to post Job Auctions for bidding and for other members to bid on those Job Auctions. Through the Service, you may post samples of your work, contact other members and access collaboration tools for which you have made relevant payment, if any. You can upload your photo and tell us about yourself in your member profile. You can also enter into legally binding agreements to pay for work and to perform work.
Right to Modify Service. MEDIAmobz reserves the right to immediately change, suspend, remove or discontinue any part of the Service or any Content (as defined in Section 4 below), whether submitted by MEDIAmobz or by a member, at any time, for any reason, without prior notice or liability.
Changes to these Terms of Service. MEDIAmobz reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at mediamobz.com/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the MEDIAmobz.com website. If we make material changes, we will post and indicate the effective date for such changes. We will also email the new Terms of Service to the email address provided by registered members in their member profile. Your continued use of the Service indicates your acceptance of the Terms of Service that are in effect at the time of your use of the Service.
3. Regarding MEDIAmobz Service
A. By paying a monthly fee and as long as you are a customer of MEDIAmobz, you are granted a right to use the MEDIAmobz Service (the “Service”) subject to the restrictions set forth in this TOS agreement and any other restrictions stipulated to you by us in writing.
B. By selecting MEDIAmobz as a service and utilizing it, you agree to pay for the service in accordance with our service fees and to pay the service fee until you cancel your account with MEDIAmobz.
C. Payment for the service fee for the Service must be made by the end of every month.
D. MEDIAmobz may revise its fees upon 30 days prior notice.
E. You must supply MEDIAmobz with current and complete information to register for Service.
F. You can terminate your account at any time; and MEDIAmobz reserves the right, in its sole discretion, to terminate your account if you violate this Agreement.
G. MEDIAmobz keeps a protected copy of the credit card numbers of your users. This billing data belongs to you (and your customers) and by utilizing the Service, you grant MEDIAmobz a license to use this data for the purposes of fulfilling our Service obligations to you.
4. Registration and Payment Terms.
A. You agree to provide us with current, complete and accurate registration information for the Service and to maintain and properly update such information ("Registration Data"). If you are using the Service to conduct credit card transactions through the Site, you shall set up and maintain an account that is capable of receiving funds through a credit card account ("Card Account"). You authorize us to confirm that the Card Account is and remains in good standing with a financial institution as long as you are using the Service. You authorize us to obtain credit reports or other background inquiries from time to time to assess your eligibility to continue use of the Service.
B. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, your User and Password information (collectively referred to herein as "IDs") in connection with your account are assigned to you only. You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
C. MEDIAmobz will submit your customers’ payment information to the applicable payment gateway and will charge you a fee based on the dollar amount of the transactions processed by the Service. Monthly charges for the Service will be at the rates set forth by Service type and agreed upon by you in the Registration process. Such charges may be modified by MEDIAmobz upon 30 days prior written notice. Payments reflecting charges for the prior month’s use of the Service will be deducted from your authorized credit card promptly following the end of each calendar month. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on MEDIAmobz or you for the provision or use of the Service. You will be responsible for such taxes and other fees. Tax exempt status will be granted to you upon presentation of a satisfactory certificate of exemption.
D. MEDIAmobz is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Service, you hereby release MEDIAmobz from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify MEDIAmobz of any Fraudulent Actions which may affect the Service. MEDIAmobz reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or customer to engage in, Fraudulent Actions.
E. MEDIAmobz is not a party to or involved with payments between Buyers and Producers. See ourMediation and dispute resolution policy for any dispute that may arise and cannot be settled through negotiation.
4. MEMBER CONDUCT
You are responsible for all activity that occurs under your User name. You are solely responsible for your conduct and any Content (as defined in Section 4 below) that you submit, post and display on the Service, or that you allow others to submit, post and/or display on the Service under your User name.
Except in connection with your authorized use of the Service, you may not copy, modify, display, license, distribute, transmit, reproduce, publish, create derivative works from, transfer or download any information, software, services, copy or provide code or software that copies any material on this site to republish any or all of the contents of this site on a proxy server, cache or other similar form of storage from or through the Service or any other MEDIAmobz website.
You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
You must not harass, threaten, impersonate or intimidate other MEDIAmobz members.
You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially or ethnically objectionable or that violates the privacy or publicity rights of any third party.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links" or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use the Service in any way that depletes the infrastructural resources, slows the MEDIAmobz websites or interferes with the normal operation of such websites.
You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use or reproduce any code or source code relating to the Service, including, without limitation, any service or product MEDIAmobz offers.
You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content.
You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Service.
You may not engage in any conduct that is, or that MEDIAmobz deems to be, in violation of the Terms of Service.
You agree not to circumvent the Service in any way and to pay all fees and other amounts due to MediaMobz that are incurred as a result of using the Service. In addition, you agree to pay all fees owed to MEDIAmobz and reimburse MEDIAmobz for all losses and costs (including employee time) and reasonable expenses (including attorneys' fees) related to investigating and curing any such circumvention or breach.
For any use not specifically listed above, you may not use the Service after MEDIAmobz notifies you that your use is not authorized and requests that you cease such use.
5. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share your own pictures, documents, texts or other content ("Content") with members of the Service by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service to you and our other users.
License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service, on your public-facing MEDIAmobz Profile Page and so long as you are a registered member of MEDIAmobz, you grant MEDIAMobz a royalty-free, fully paid, irrevocable, non-exclusive, worldwide promotion-only license to (i) display, use, reproduce, have reproduced, publish, translate, distribute and publicly perform the Content alone or as part of other works in any form, media or technology whether now known or later developed to promote you and MEDIAmobz's service, and (ii) freely and fully sublicense such rights through single or multiple tiers of sub-licensees and so-called re-sellers of MEDIAmobz's service. MEDIAmobz hereby confirms that commercial-exploitation rights in your copyrightable Content have not been conveyed by this License Grants.
Relationship of Buyer and Producer. It is important to remember that ALL of the terms and conditions that apply to the relationship and transaction between you and any other party you deal with on the Service are determined by the other party and you. The parties to a transaction will determine the cost of a transaction, who will own any Content produced, the time of delivery, and all other rights and obligations applicable to the transaction. The terms and conditions governing your relationship with MEDIAmobz are set forth in these Terms of Service and the other notices displayed on the Service.
Links to Other Sites and Resources. The Service contains links to other websites or resources. MEDIAmobz has no control over such external sites and resources. You agree that (i) MEDIAmobz is not responsible for the availability or accuracy of such external sites and resources, and (ii) MEDIAmobz does not endorse nor is it responsible or liable for any Content, advertising, products or materials on or available from such external sites and resources.
Inappropriate Member-Submitted Content. MEDIAmobz prohibits certain conduct and Content and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) MEDIAmobz is not and cannot be responsible for Content posted by users, visitors or members of the Service, (ii) you may be exposed to any such materials or Content and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content.
Removal of Content. You may modify your profile, remove your member photo from public view, remove photos and links to your past work from public view and remove links to your network on your Profile page from public view at any time. If you delete Content, MEDIAmobz will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may still be possible after such deletion or removal.
Certain pages, such as Job Auction posting pages that have been awarded, cannot be removed from the site.
6. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at mediamobz.com/copyright. By accepting the Terms of Service, you agree to be bound by our Copyright Policy.
8. LINKS TO OTHER SITES
The Service may have and/or incorporate links to other websites which are not operated, controlled or maintained by MEDIAmobz. While we try to provide links only to those websites which are useful, in good taste and not offensive to users of the Service, MEDIAmobz is not responsible for the content of such websites and cannot guarantee that such websites will not change without our knowledge. Inclusion of such links in the Service does not imply MEDIAmobz's endorsement or approval of such linked websites or their content.
10. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY MEDIAmobz SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAmobz, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MEDIAmobz MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. MEDIAmobz DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIAmobz WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. LIMITATION OF LIABILITY
YOU AGREE THAT MEDIAmobz AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MEDIAmobz SERVICES RESULTING FROM ANY MEDIAmobz, 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; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(By the way, we think ALL-CAP disclaimers amount to impolite shouting, but we have little choice in the matter. That's case law for you.)
MEDIAmobz reserves the right to terminate your MEDIAmobz membership immediately, without prior notice or liability, for any or no reason. If MEDIAmobz terminates your membership, your right to use the Service will immediately cease.
You can terminate your MEDIAmobz membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so.
All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity provisions and limitations of liability.
Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the provisions below regarding mediation and arbitration, MEDIAmobz and you agree to submit to personal jurisdiction in California and further agree that any cause of action arising under this Agreement will be brought exclusively in any federal or state court in Santa Clara County, California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of the Terms of Service in any jurisdiction other than that specified in this Section. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph and stipulates that the California and federal courts located in Santa Clara County, California shall have in personam jurisdiction over each of them for the purpose of litigating any dispute, conduct or proceeding arising out of or relating to the Terms of Service. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this section by either registered or certified mail, return receipt requested, postage pre-paid, to its address for the giving of notices as set forth in the Terms of Service.
Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to these Terms of Service may be commenced until the matter has been submitted to JAMS for mediation. The parties agree that any such mediation shall take place in Santa Clara County, California, USA. Both parties may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs and expenses. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including, without limitation, attorneys' fees, to be paid by the party against whom enforcement is ordered.
Prior to the appointment of the arbitrator(s), and within ten (10) days from the date of commencement of the arbitration, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and each other in selecting a mediator from JAMS's panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed forthwith. The mediation may continue, if the parties so agree, after the appointment of the arbitrators. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
Any dispute, claim, or controversy arising out of or related to the Terms of Service or the breach, termination, enforcement, interpretation or validity thereof including the determination of the scope or applicability of the Terms of Service to arbitrate, shall be determined by arbitration in San Francisco County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
Waiver and Severability. The failure of MEDIAmobz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is deemed to be invalid, illegal or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the Terms of Service, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. MEDIAmobz may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Service (for example, on the relevant page(s) of the Service affected by such changes).
Trademarks. MEDIAmobz, the MEDIAmobz logo and other MEDIAmobz logos and names are trademarks of MEDIAmobz. You agree not to display or use these trademarks in any manner without MEDIAmobz's prior, written consent. You agree that any use of MEDIAmobz trademarks, and all goodwill arising out of such use, shall inure to the sole benefit of MEDIAmobz. Use of any MEDIAmobz trademarks by you shall be in strict accordance with MEDIAmobz's trademark usage guidelines, as established and amended from time to time and provided by MEDIAmobz to you.
Contact Information. We welcome your comments, questions and feedback. Please send any questions or comments, or report any Terms of Service violations, to info@MEDIAmobz.com.
This policy was last updated on October 14, 2011.