MoboFree.com Terms & Conditions of use
Date of last revision: July 7, 2014
BEFORE USING OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND INDICATE YOUR ACCEPTANCE TO THEM IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY MOBOFREE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR THE SERVICES.
Welcome to the MoboFree Ltd (“MoboFree”) website (“Site”). Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Services. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the individual is registered as a User or is using the site as a Visitor without registration.
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time without further notice. You should periodically visit this page to review the current Terms and Conditions so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate on this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
Classified(s) : The corresponding e-Classified(s), where Items of a certain kind are stored. The assignment of Items to Classifieds is determined by MoboFree, and all Users shall accede to such assignments.
Forum : Page on the Site where Users may communicate in public.
MoboFree : Mobofree is a mobile social marketplace accessible via almost any mobile phone. MoboFree headquarters are based in Vilnius, Lithuania (Eastern Europe). Company also has a branch in Accra, Ghana. MoboFree is funded by Netherlands based Eva Ventures fund.
Items : Items, whose circulation is not prohibited under applicable law and that are uploaded by the User to the corresponding Site Classified for the purpose of selling or exchanging them or for information purposes.
Main Services : The opportunity provided by MoboFree, as the Site owner, to Users and Visitors, subject to these Terms and Conditions, to use the Site, including but not limited to uploading the Items to the appropriate Classifieds and/or viewing the Items and communicating among themselves privately or publicly.
News : Short-term or long-term proposals, competitions or new Services published on the Site.
Private Messages : Private communications among Users using the Site messaging system that may be viewed only by such Users.
Purchaser : Any User who intends to purchase one or more Items on the Site.
Seller : Any User who uploads one or more Item(s) to a corresponding Site Classified.
Services : All services provided by MoboFree through the Site
Site : The website located at the address http://www.MoboFree.com, as well as the mobile applications made available by MoboFree.
Terms and Conditions : The present Terms and Conditions with their appendices and all further and subsequent supplements and amendments.
User : Any natural person who, after having registered for the Site, is entitled to use all the Services on the Site, in order to satisfy his or her personal needs, not related to a business activity.
User’s Account or Account : The account resulting from a User’s registration on the Site, containing personal data including data with regard to the use of Services on the Site
Visitor : Any natural person not registered for the Services who may use the Site, subject to the Terms and Conditions, to the extent that MoboFree does not require registration for such use.
Through the Site, MoboFree provides Users a virtual space, including the systematized Classifieds and the Forum, which allows them to participate in the online exchange and/or sale and/or purchase of Items, and to use other Additional Services provided by the Site. Users are able to upload their Items onto the appropriate Classifieds on the Site, to exchange, buy, sell Items, correspond by sending private messages, communicate publicly in the Forum and use other Additional Services provided on the Site.
Becoming a User, uploading Items to the appropriate Classifieds, viewing the Items and communicating privately or publicly on MoboFree is free.
When you access the Site through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
Site Accounts are constituent parts of the Site. As editor of both the Site and User Accounts, MoboFree may place the same information as on the Site on the Site Accounts.
MoboFree is a venue
MoboFree acts as a venue to allow Users, who comply with MoboFree's policies to offer, sell, buy, exchange certain goods and communicate privately and publicly. MoboFree is not directly involved in the between Sellers and Purchaser. As a result, MoboFree has no control over the quality, safety, morality or legality of any aspect of the Items listed, the truth or accuracy of the listings, the ability of Sellers to sell Items or the ability of Purchasers to pay for items. MoboFree does not pre-screen users or the content or information provided by users. MoboFree cannot ensure that a Purchaser or Seller will actually complete a transaction. Consequently, MoboFree does not transfer legal ownership of items from the Seller to the Purchaser. MoboFree cannot guarantee the true identity, age, and nationality of a User. MoboFree encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that MoboFree is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on MoboFree. You use the MoboFree service at your own risk.
Placement of Items on Classifieds
The Seller, when uploading an Item into the appropriate Classified, must complete the Item placement questionnaire and: describe the Item as exhaustively as possible; indicate defects of the Item, if any; indicate whether or not a warranty is provided for the Item; indicate warranty terms, if any; and indicate the Item price. If the Seller does not indicate Item payment and Delivery conditions, this means the Purchaser is entitled to make an offer to the Seller on the Item payment and Delivery conditions.
When uploading an Item to a Classified, it is prohibited to upload photos found on the Internet and uploaded photos must reflect the real quality and external appearance of the Item and show the presence of defects on the Item. Assessment of photo quality is by nature subjective and is at MoboFree’s entire discretion. There is no limit on the quantity of Items that may be uploaded to the Site Classifieds; however, it is prohibited to upload the same Item more than once.
The Seller, by uploading the Item, is deemed to represent and confirm that the Item complies with the description Seller provides and that such description is complete. The placement of Items in the Site Classifieds is free. The Seller, after uploading the Item, shall be entitled to remove it at any time unless he/she is a professional seller. An offer to sell may be retracted at any time prior to its acceptance, but not after.
Items on the Site are purchased and sold by making the Transaction directly between the Purchaser and the Seller and only they are responsible for such Transaction. Users are also entitled to exchange/swap Items. In this case, Users make the exchange Transaction directly where MoboFree is not a party to, does not participate in, and bears no responsibility or liability for, the making or performance of, or otherwise in connection with, such exchange Transaction.
Every User and Visitor, before using the Forum, must read and agree to comply with the Forum regulations. Both Users and Visitors may read the Forum, whereas the ability to post messages to the Forum is reserved to Users. Users, after registering in the Forum, may create themes using their user names or anonymously. MoboFree shall not be responsible if, due to the User’s or any third party’s actions or any actions beyond MoboFree’s reasonable control, the identity of a User who posted a message or theme is made public.
With respect to the use of the Forum, MoboFree strictly prohibits, and you agree not to engage in: the use of swear words; insulting other Users and Visitors; incitement to crimes and offenses; discrimination, hate speech or violent language of any kind, including such language related to race, ethnic origin or nationality; false or malicious news; libel or slander or other defamatory allegations; offenses against individual privacy; the uploading of indecent materials or the use of the Forum in any matter that is inconsistent with applicable laws or such as to injure MoboFree’s business reputation.
Further, it is strictly prohibited in the Forum to publish advertising messages, place links to other websites, offer goods for purchase and sale, announce or organize auctions for Transactions of Items, or perform other commercial actions.
If a User or a Visitor sends Private Messages to another User, he or she must ensure that he or she is not sending: (i) messages or information of an advertising character; (ii) spam or content disseminating viruses or swarms; (iii) mass messages of any other type (e.g., when one message is sent to more than five Users or when the same message is copied and sent to the Users who have not requested such information); (iv) messages containing texts or content that are unlawful or that would otherwise contravene any applicable laws, common moral precepts or public order, or messages that would be insulting; or (v) messages that harm, attempt to harm or may harm other Users, this Site or MoboFree’s business or reputation, or would be otherwise in conflict with these Terms and Conditions.
Feedback Exchange Among Users
A User should write comments about another User, only if a Transaction has been made between them. In all cases, the feedback of one User related to another should be just, honest and respectful. Lies and insults against each other and the publication of false information through any of the Services provided on this Site or otherwise by MoboFree is strictly prohibited.
MoboFree is entitled to remove from the Site comments that are false, insulting or violate these Terms and Conditions or the rights of other Users, including Users who did not have the right to post comments under the provisions set forth in these Terms and Conditions. Visitors shall not be able to post comments regarding Users.
News and Communications
MoboFree is entitled at any time to publish on the Site new short-term or long-term proposals, competitions, games or sweepstakes (collectively, “Contests”) complying with Lithuanian law, to propose new Services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, such as regulations, instructions or descriptions about such Contests, the latter shall prevail.
All Users and Visitors acknowledge and agree that MoboFree is not required to verify (though it has the right to do so), and therefore cannot be held responsible for: (i) any Users’ actions or inactions related to the Site or Services; (ii) any information that Users post on the Site, its themes, accuracy, comprehensiveness and/or compliance with applicable law; or (iii) any Items that Users sell or exchange through the Site and Services. Every User is responsible for all information it posts on the Site and must comply with all applicable laws related to information or materials communicated or made available to the public. In particular, but without limitation, Users and Visitors must not: (a) infringe any third-party rights, (b) incite to crimes and offenses, discrimination, or hate or violence in consideration race, ethnic origin or nationality; (c) provide false news or unauthorized information; (d) commit libel or slander; (e) commit acts which may endanger minors; (f) publish personal data of other individuals or breach privacy or data protection rights or laws, or (g) use the identities of other individuals.
You agree and acknowledge that MoboFree is not responsible for the quality and quantity of the Items sold or purchased through the Site or their compliance with any related descriptions. Every User is directly responsible for the information he or she posts on the Site, and the Items that he or she posts, sells, exchanges or otherwise transfers to other Users. You acknowledge and agree that: (i) MoboFree is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of information that other Users post on the Site; and (ii) only the information provider is responsible for the accuracy of the information posted on the Site and its compliance with all applicable laws.
The Seller is responsible for the uploading of his Item to the Classified for sale, and for accurately completing the Item upload questionnaire. In no case will MoboFree check the information during the User’s uploading of Items into corresponding Classifieds. Therefore, you acknowledge and agree that only the User himself or herself is responsible for the Item uploading to the corresponding Classified, its description, the Seller’s confirmations, the accuracy of other information provided, and the content of all communications with other Users. Only the User is responsible for making Transactions with other Users, and for the determination of mutual conditions, settlements, and the resolution of any disputes related to Item Delivery/Non-delivery, Item Quality and other disputes, arising from the relations among the Users on or otherwise related to the Site and Services.
You acknowledge and agree that MoboFree takes no responsibility for (i) any intellectual property infringement arising from a User’s uploading of photos or any other information or material into the Classified; or (ii) any disputes between the Purchasers and the Sellers and shall not participate or otherwise have any involvement in their resolution. Those dispute resolutions shall be settled in accordance with applicable law.
USERS’ RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES
Rights, Obligations and Responsibilities
Users undertake the following: (i) when registering on the Site to provide true information about himself or herself, including his or her real name, gender, birth date, city and email address; (ii) to sign up for the Site only once and not to create more than one Account, except for the case when his or her Account has become known and/or accessible to other third parties, but only after informing MoboFree in writing, who shall have the right to block the old Account; (iii) not to use the Site and/or Services for performance of unlawful actions or transactions or frauds; (iv) to provide objective, correct, comprehensive and detailed information about the proposed exchange and/or sale of Items; (v) not to copy or to otherwise make an illegal use, of information placed on the Site that was uploaded by MoboFree or any other User of the Site; and (vi) to ensure that the proposed price for exchange and/or sale of Items and other related information is correct.
Users and Visitors undertake that, in using the Site and Services, they will: (i) not upload or otherwise provide and materials, information or data, including e-data, such as files, computer programs and private messages (collectively, “Data”), that are misleading or false; (ii) not promote the sale of any goods whose circulation is prohibited or restricted; (iii) not use photos (a) for which he or she does not own the relevant intellectual property rights (typically, these are photos found on the Internet), (b) that contain links to other websites, (c) where people other than him or her are visible, unless such individuals gave their consent for such photo to be published, or (d) that are erotic or pornographic photos, or otherwise contrary to law; (iv) neither directly nor indirectly use any trademarks in the descriptions of Items without having obtained the intellectual property rights to do so (except for such use as would be considered fair use under trademark law); (v) not knowingly propose to sell/purchase/exchange/or otherwise transfer Items that were produced in violation of any intellectual property rights; (vi) not infringe property rights or personal non-property rights of third parties (including intellectual property rights); (vii) not violate any applicable laws or regulations; and (viii) not upload any Data that is contrary to law or contains any viruses or other computer programs or files that may (a) interfere with the normal operation of the Site and/or Services, (b) be placed on the Users’ computers and therefore cause damage to the User or his property, or impede a User’s use of the Site or Services and the User’s computer.
Further, Users and Visitors undertake not to collect, accumulate, transfer into other media, make available in public, publish or disclose data obtained through the Site that is related to other Users, including their number, type, prices, and the like. Users and Visitor further undertake not to collect, accumulate, transfer into other media, make available in public, publish or disclose information existing on the Site, if this could infringe the rights and legal interests of other Users. MoboFree is not responsible for any User`s behavior while using the Site or the Services.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify MoboFree of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. MoboFree will not be liable for any loss or damage arising from your failure to comply with these obligations.
Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data about himself or herself (particularly, all data submitted during registration at the Site), as well as information on the Items uploaded to the Classifieds and their status.
Representations and Warranties
When using the Site, you represent and warrant that you: (i) are a natural person, 18 years old or older (Individuals under the age of 18 must at all times use MoboFree's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities), using all the Services on the Site in order to satisfy your personal needs and not for or in connection with any business activity (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions and any other Site Regulations.
RIGHTS AND RESPONSIBILITIES OF MOBOFREE
MoboFree has the right (but is not required to), with an aim of removing illegal content, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. While using lawful measures, MoboFree is entitled to investigate any breach of these Terms and Conditions, and inform the appropriate law enforcement institutions thereof.
MoboFree, aiming to protect the Site Users and Visitors from frauds, identity thefts and other offenses, may collect data about the conduct of Users, including, but not limited to, whether the User is in breach of these Terms and Conditions and other Site Regulations, e.g., by insulting other Users, providing false information, infringing copyrights, using viruses, stealing identities, and the like.
MoboFree is entitled at any time to remove from the Site the Items uploaded by the User into the Classifieds or any other information provided by the User if such Items or information violate these Terms and Conditions or applicable law.
MoboFree is entitled at any time to rearrange the Classifieds, advertisement spaces or any other uploaded or posted information regarding the Items, provided that such changes do not substantially alter the content of the information provided by the User, in order to make the use of the Site more convenient or user friendly or otherwise as necessary to advance the aims of the Site. MoboFree is entitled to publish the News, including the description, instructions or rules related to the News.
MoboFree is entitled at any time, at its sole discretion and subject to prior written notice, to terminate its legal relationship pursuant to these Terms and Condition or otherwise with any User. A User is entitled to terminate his or her legal relations with MoboFree at any time after performance of all of his or her obligations and cancellation of his or her Account on the Site.
MoboFree is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
THIRD PARTY SERVICES
You may register for the Services using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your MoboFree experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and MoboFree shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, MoboFree is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, MoboFree is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. MoboFree enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
ADDITIONAL AND GENERAL LEGAL PROVISIONS
The contents of the Site, such as text, graphics, images, trademarks, service marks, logos and other material (collectively “Material”), are protected by copyright and other intellectual property laws under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
The Material may contain inaccuracies or typographical errors. MoboFree makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
MOBOFREE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOBOFREE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, SERVICES AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MOBOFREE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. MOBOFREE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL MOBOFREE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE SERVICES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Generally, and unless expressly stated otherwise, any communication which you post to the Site in considered to be non-confidential. By posting communications to the Site, you automatically grant MoboFree a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
MoboFree does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, MoboFree may investigate the allegation and determine in good faith and its sole discretion whether or remove or request the removal of the communication. MoboFree has no liability or responsibility to Users for performance or non-performance of such activities. MoboFree reserves the right to expel Users and prevent their further access to the Site for violating these Terms and Conditions or applicable law and the right to remove communications which are abusive, illegal, or disruptive.
Links to Other Sites
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by MoboFree of the contents on such third-party Web sites. MoboFree is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web site, you do so at your own risk.
You agree to defend, indemnify, and hold harmless MoboFree, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services or the Material or your breach of these Terms and Conditions. MoboFree shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in any other Site Regulations, these Terms and Conditions constitute the entire agreement between you and MoboFree with respect to the use of the Site, the Services and the Materials. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of MoboFree.
Compliance with the Digital Millennium Copyright Act and Notifications
MoboFree respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders.
Additionally, a User may lodge objections relating to access, use or operation of the Site or Services in the form of a complaint. Complaints must be submitted to MoboFree by emailing us at info [eta] mobofree.com.