Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.smartmob.co/cgu). Smart Mob may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, sounds, music, videos and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Smart Mob, including but not limited to all products, software and services offered via the Smart Mob application.
The Service may contain links to third party websites that are not owned or controlled by Smart Mob. Smart Mob has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Smart Mob from any and all liability arising from your use of any third-party website.
3. Smart Mob Accounts
In order to access some features of the Service, you will have to create a Smart Mob Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Smart Mob immediately of any breach of security or unauthorized use of your account.
Although Smart Mob will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smart Mob or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Smart Mob hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without Smart Mob's prior written authorization, unless Smart Mob makes available the means for such distribution through functionality offered by the Service
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Smart Mob may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Smart Mob's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Smart Mob appears on the same page and is of sufficient value to be the basis for such sales.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Smart Mob servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Smart Mob grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Smart Mob reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Smart Mob reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Smart Mob, subject to copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Smart Mob is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smart Mob with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Smart Mob, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a Smart Mob account holder you may submit Content to the Service, including videos and user comments. You understand that Smart Mob does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Smart Mob all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Smart Mob all of the license rights granted herein.
Smart Mob does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Smart Mob expressly disclaims any and all liability in connection with Content. Smart Mob does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Smart Mob will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
7. Account Termination Policy
Smart Mob will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Smart Mob reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Smart Mob may at any time, without prior notice and in its sole discretion, terminate a user's account for submitting such material in violation of these Terms of Service.
8. Warranty Disclaimer
you agree that your use of the services shall be at your sole risk. to the fullest extent permitted by law, smart mob, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. smart mob makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site 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 our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any 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 services. smart mob does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and smart mob 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.
9. Limitation of Liability
In no event shall smart mob, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from 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 our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that smart mob shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by Smart Mob from its facilities in France. Smart Mob makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Smart Mob, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
1These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smart Mob without restriction.
You agree that: (i) the Service shall be deemed solely based in France; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Smart Mob, either specific or general, in jurisdictions other than France. These Terms of Service shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. Any claim or dispute between you and Smart Mob that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Paris, France. These Terms of Service, together with the Privacy Notice at http://www.smartmob.co/privacy and any other legal notices published by Smart Mob on the Service, shall constitute the entire agreement between you and Smart Mob concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Smart Mob's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Smart Mob reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Smart Mob AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The App permits Account holders to buy Filters and other virtual goods. You acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Goods, “real” goods, “real” money, or “real” services, or any other compensation or consideration from us or anyone else.
The App permits the purchase of virtual items or services that we expressly make available for use in the App (“Virtual Goods”). The purchase of Virtual Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Goods.
Purchases of Virtual Goods
You agree that Virtual Goods have no monetary value and do not constitute actual currency or property of any type. You also agree that you will only obtain Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Goods, you may not trade or transfer of Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method (e.g., our website). We may cancel any Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Goods. As set forth below, all Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Goods once the transaction has been made.
Purchases by End Users Outside France
Virtual Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Goods from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Goods involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Goods without any liability to you.
Effect of Termination on Trading Items and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Trading Items, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Trading Items, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of Niantic, TPC, or TPCI. We have no obligation or responsibility to, and will not reimburse or refund, you for any Trading Items, or Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that Smart Mob is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Trading Items, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Goods, we will provide at least 60 days’ advance notice to you by posting a notice on the Site or App or through other communications.