These "Terms of Service" are an agreement between the User ("you") and MobiPeak Technologies LLC. ("Sancron," "we").
MobiPeak Technologies LLC. is the owner and operator of Social Applications website and services. "Sancron" or "Service" includes but is not limited to the products, services, content, applications, software or other features that may be available from time to time in connection with Sancron Applications, its websites, or any of its applications."User" means any person or entity that takes advantage of Sancron's products or services, including but not limited to its cusomers, members of the Sancron community, and visitors to its websites. The term "user" in both upper and lower case is designed to refer to both: (i) the party bound by this agreement and/or (ii) similar other parties bound by these Terms of Service, as appropriate in the context of each provision of this agreement. "You" will always refer to the particular party bound by this agreement. "Submissions" means user provided content that may appear on Sancronas text, graphics, images, audio, video, digital files, scripts, software, or in any other format. "Sancron Content" means all content other than your Submissions, that may appear on Sancron as text, graphics, images, audio, video, digital files, scripts, software, or in any other format.
You are solely responsible to arrange and pay for any service associated with your ability to access Sancron, as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. At the sole discretion of Sancron, any equipment, software, or other usage that may cause any interference with the Service shall result in your immediate disconnection from the Service.
Eligibility to Use Sancron In order to use Sancron as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 13 years of age or older; and (iv) if you are not yet at least 18 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 13 years of age, unfortunately you cannot use Sancron. Please speak to your parents or guardian about another service that may be appropriate for you.
Termination: Should you violate or breach these Terms of Service, Sancron reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided and your ability to access any part of the Service. Users with suspended or terminated accounts are prohibited from creating new accounts on Sancron. Even after termination of your account or access to Sancron, provisions 6, 10, 11, 12 and 13 of these Terms of Service shall remain in effect.
Your Responsibility for Your Conduct: You alone are responsible for your conduct on Sancron and for all the content you provide. Sancron does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy or reliability. Sancron expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety: If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Sancron, communicate with other members of the Sancron community, or otherwise access the Service. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Sancron, communicate with other members of the Sancron community, or otherwise access the Service.
Member Disputes: You are solely responsible for your interactions with other Sancron members. Sancron reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Sancron, at its sole discretion, deems appropriate, including but not limited to terminating the member accounts of any or all parties to the dispute.
When you provide Submissions to Sancron, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Sancron, you grant Sancron (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any user to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service. On the other hand, Sancron Content is protected by copyrights, trade or service marks, patents or other proprietary rights and is owned by or licensed to Sancron, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all Sancron Content is provided to you solely on an AS IS basis for your personal use only, and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose (other than personal use) and in any manner without the prior written consent of Sancron, or the content's respective owners. Sancron reserves all rights not expressly granted to you. If you download, print or display any Sancron Content for personal use, you must retain all copyright and other proprietary notices.
Representations About Content You Provide: When you provide any Submissions to Sancron, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you (i) own or have secured all necessary licenses, rights, consents and permissions to provide and license such Submissions to Sancron, and (ii) authorize Sancron to make use of these Submissions in the manner contemplated by the Service and these Terms of Service.
Prohibited Submissions: You may not create a user name, post, upload, e-mail or otherwise transmit to Sancron Submissions of any kind that are, at the sole discretion of Sancron, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
(i) infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
(ii) promotes the infringement of copyright or other third party rights, e.g., providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
(iii) contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
(iv) is offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
(v) is libelous or defamatory or promotes information that you know is false or illegal;
violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
(vi) solicits information from anyone under 18;
(vii) provides any telephone numbers, street addresses, last names, URLs or email addresses;
(viii) is obscene, vulgar or contains profanity (whether or not such is masked, e.g. S*ncron);
(ix) is pornographic or sexually explicit or contains nudity;
(x) exploits or attempts to exploit people in a sexual or violent manner;
(xi) disparages Sancron or any third party;
(xii) is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
(xiii) involves the transmission of any unsolicited mass mailing including but not limited to "junk mail", "chain letters" and "spam";
(xiv) contains restricted or password only access pages;
(xv) contains audio media or files that are larger than 2 megabytes in size;
(xvi) sells, promotes or encourages the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
(xvii) is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
(xviii) is otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Website Policies: In addition, you agree to adhere to all of the following guidelines and requirements:
(i) No Commercial Use. The Service is only for personal use of its members, and may not be used in connection with any commercial endeavors unless explicitly consented to by Sancron in writing. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on Sancron, including within personal member profiles, without explicit written authorization from Sancron;
(ii) No Data Harvesting or Mining. You may not perform or cause to be performed by any automated system, including but not limited to "robots," "spiders," "offline browsers," or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
(iii) No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to, or otherwise cause Sacron to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
(iv) No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service, or to obtain any telephone numbers, street addresses, last names, URL's or email addresses of any person;
(vi) No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
(vii) No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile; and
(viii) No Unauthorized Linking or Framing. Should you wish to link to Sancron, you agree that you: (a) will not replicate the Service's content; (b) will not frame or border environment around any of the Service's content; (c) will not misrepresent any relationship with Sacron or imply that Sancron is connected to or endorses your products, services or other offering; (d) will not have disparaging content or misinformation about Sancron on the linking website or source; (e) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Sancron's own content submissions policy.
Despite these prohibitions, Submissions and/or websites that link to Sancron that may violate these Terms of Service may be available on the Service and Sancron assumes no responsibility or liability for these violations. If you become aware of such violating Submissions, please contact Sancron by clicking the "Report Abuse" link on the appropriate web page.
Provided with proper notification and documentation, Sancron will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. Sancron assumes no responsibility for monitoring the Service. In the event Sancron chooses to review any Submission (such review is solely within Sancron's discretion), Sancron assumes no responsibility for the Submissions or any obligation to remove any inappropriate or prohibited Submissions or any responsibility for the conduct of a member submitting inappropriate or prohibited Submissions. At its sole discretion, Sancron may remove any Submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. Sancron will terminate a member's account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity. Sancron reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Sancron requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Sancron a counter-notice. All notices with respect to Sancron should be sent to Sancron's Copyright Agent. Sancron suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Sancron shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
Sancron's designated Copyright Agent to receive notifications of claimed infringement is:
City, State Zip
Only DMCA notices should go to the Copyright Agent. Any other request, feedback or comments should be sent through the Sancron contact form found here:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SANCRON, ITS AFFILIATES, DBAS, SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER "SANCRON GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SANCRON GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND SANCRON GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (VI) 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 OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SANCRON GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. SANCRON GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, SANCRON GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
Sancron reserves the right to change any and all content, software and other items used or contained at Sancron and any services and applications offered through Sancron's site at any time without notice.
IN NO EVENT SHALL SANCRON GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF SANCRON GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONS AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SANCRON GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT SANCRON GROUP IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
You agree to defend, indemnify and hold harmless the Sancron Group 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 one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Choice of Law and Venue. You agree that the Service provided shall be deemed solely provided and based in the State of California, USA, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over Sancron, either specific or general, in jurisdictions other than the State of California. Any dispute that arises between you and Sancron shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Los Angeles County, California.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sancron without restriction.
Severability: Should any provision of these Terms of Service be invalidated by any 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.
Waivers: No waiver of any provision of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sancron's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. All waivers must be consented to by Sancron in writing.
YOU AND SANCRON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact Sancron should you have any questions regarding these Terms of Service.