Terms of Use

Introduction and Acceptance of Terms of Use

Mobiten.com, Mobiten, and New Avenue Inc (”NVX”) offers you a wide range of content, communication tools, forums, and information about its products and services (”Materials”) via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated herein (”Terms of Use”), which NVX may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that NVX may, at its sole discretion, terminate your access to this web site at any time without notice.

Limited Right to Use

This web site is owned and operated by NVX. Unless otherwise specified, all Materials on this web site are the property of NVX and are protected by the copyright laws of the United States and by the applicable copyright laws in other countries throughout the world. You may view, print and/or download one copy of the Materials from this web site on any single computer or mobile device solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by NVX on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from NVX. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Responsibility of Website Visitors

Each visitor to the Website is solely responsible for taking precautions as necessary to protect him(her)self and his (her) computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NVX has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and therefore cannot be responsible for that material’s content, use or effects. By operating the Website, NVX does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

Your Mobiten Account and Site

If you create a mobile site on the Website, then you are the owner of that account and all Content stored therein, also referred to as "your account". Mobiten will not disclose any of your account content unless required to do so by court order or other legal action. However, you are solely responsible for maintaining the security of your account and the project. You are also fully responsible for all activities that occur under your account and any other actions taken in connection with the project. You must immediately notify NVX of any unauthorized uses of your project, your account or any other breaches of security.

For purposes of these Terms of Use, to "project" refers to password-protected accounts accessible for the purposes of creating and broadcasting website content.

For purposes of these Terms of Use, to "participate in a project" means to create a project, to access a project, to read or display any portion of a project, to comment on a project, to post any material (including links) to a project or, to use in any other way the Website in connection with a project.

For purposes of these Terms of Use, "Content" is defined as any material posted to, downloaded from or otherwise made available by means of or any link to and from the Website.

Responsibility of Participants

If you access or create a project on the Website, you are responsible for the Content of that project and any harm resulting from that Content, regardless of whether the Content in question constitutes text, graphics, an audio/visual file, computer software or any other transmittable or non-transmittable file or collection of files. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party.

Payment for Services

Except for any 14 days trial out of Mobiten accounts, all Mobiten accounts are available for use and can be accessed if and only if payment in advance is received. Unless otherwise agreed in writing by Mobiten, billing will be on a yearly or monthly basis and charged to the credit card furnished for that purpose. The actual amount billed will be based on the Mobiten plan originally selected by the customer; provided, however, that if the level of Mobiten use (i.e., the number of pages or the amount of disk space used) exceeds the limits of the original plan, then the billing will reflect the Mobiten plan necessary to cover the higher increased use.

Termination of Account

You may terminate your Mobiten account at any time, provided however, that notice of such termination shall be made in writing to Mobiten and all notices of termination are effective only at the end of the monthly billing cycle during which termination is given. No refunds will be made for sums previously paid – regardless of the timing of the termination. All account terminations are immediate. You are solely responsible to download, copy or otherwise preserve your information stored on the Website before terminating your Mobiten account.

Trademarks

New Avenue, the Mobiten logo, and all other trademarks, service marks, graphics and logos used in connection with NVX, or the Website are trademarks or registered trademarks of Mobiten or Mobiten’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NVX or third-party trademarks.

Removal of Content

At its sole discretion, Mobiten may (but is not required to) remove Content from the Website that it deems

  1. a violation of any Mobiten policy, including these Terms of Use and the Privacy Policy
  2. harmful or objectionable
  3. threatening
  4. libelous, defamatory or false
  5. subject to copyright and/or trademark laws or protection
  6. illegal or otherwise unlawful

Copyright Infringement

As Mobiten asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NVX violates your copyright, you are encouraged to notify Mobiten. Mobiten will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of NVX or others, NVX may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Mobiten will have no obligation to provide a refund of any amounts previously paid to Mobiten.

Content Posted on Mobiten Websites

Mobiten has not reviewed, and cannot review, all of the material, including your account and other computer software made available through or posted to the websites and webpages which NVX links, owns or runs. Mobiten does not have any control over your account, users websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mobiten website or webpage, or other member site, NVX does not represent or imply that it endorses such website or webpage. Each person having access to your account is responsible for taking precautions as necessary to protect self and computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NVX disclaims any responsibility for any harm resulting from use of Mobiten and non-Mobiten websites and webpages.

Communications

Except for any disclosure by you for technical support purposes, or as specified in "Your Mobiten Account and Site" above, or our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Mobiten (”Feedback”) will be deemed, at the time of communication to NVX, the property of NVX, and you hereby grant NVX, without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to, post, publish, solicit or otherwise make available content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party’s intellectual or privacy rights. Use of Mobiten.com software service to create web pages using Mobiten' online website builder and in line with our other terms does not constitute a transfer of ownership of site content, and user retains all rights to their content when used for this purpose.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or that is chosen by your web administrator on your behalf, to access this web site as well as any activity that may occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site. You will not post any illegal material or material designed to evade or bypass features of this web site. Furthermore, your access and use of the secured areas of this web site will be governed by additional Special Terms of Use and you are strongly advised to review such terms prior to accessing or using those secured areas. If you violate your obligations under this section, you may be subject to prosecution.

Monitoring

Although Mobiten is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. NVX will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Mobiten will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Links to Other Sites

The linked sites are not under the control of Mobiten and Mobiten is not responsible for the content of any linked site or any link contained in a linked site. NVX reserves the right to terminate any link at any time. NVX may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. NVX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Trademarks

The trademarks, service marks and logos of NVX and others used in this web site (”Trademarks”) are the property of NVX and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of NVX or the respective owner. NVX is not affiliated with or endorsed by Apple, Inc. or Google.

Indemnity

You agree to indemnify, defend and hold NVX harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

Limitation of Liability

IN NO EVENT SHALL NVX OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF NVX OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

NVX takes necessary steps to ensure the web site and associated services are operation and available. NVX assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. NVX is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Export Restrictions

The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to this web site which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.

Applicable Laws

All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of Washington. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in the city of Vancouver, State of Washington.

General

If you have any questions regarding the Terms of Use, please contact New Avenue Systems Inc.