Last modified on 18.10.2014
By accessing Moobot ("the Moobot Service", "the Site") consisting of the web site available at the URL http://moobot.tv and all related services, software applications and networks operated by Knudsen Apps ("us", "we", or "our"), including, but not limited to, visiting, registering for, downloading from, browsing the Site or contributing content or other materials to the Moobot Service, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Moobot Service. The materials contained through the Moobot Service are protected by applicable copyright and trademark law.
If you are using or accessing the Moobot Service on behalf of a company, entity, or organization (collectively, a "subscribing organization") then you represent and warrant that you:
- are an authorized representative of that subscribing organization with the authority to bind such organization to these Terms and Conditions of Use;
- have read these Terms and Conditions of Use;
- understand these Terms and Conditions of Use; and
- agree to these Terms and Conditions of Use on behalf of such subscribing organization.
2. Third Parties
The Moobot Service may encompass other services, networks or applications that Knudsen Apps do not control ("Third Parties") By agreeing to the Moobot Service's Terms and Conditions of Use, you acknowledge that you have agreed to be bound by any Terms and Conditions of Use of these Third Parties as well, and that you are liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials through these Third Parties.
3. Use License
- Permission is granted, on a non-sublicensable license, to temporarily access and use the Moobot Service for personal or internal business use only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Moobot Service;
- attempt to use any data mining, robots or similar data gathering or extraction methods;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Knudsen Apps at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on the Moobot Service are provided "as is". Knudsen Apps makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Knudsen Apps does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Moobot Service or otherwise relating to such materials or on any sites linked to or from the Moobot Service.
In no event shall Knudsen Apps or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Moobot Service, even if Knudsen Apps or a Knudsen Apps authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on the Moobot Service could include technical, typographical, or photographic errors. Knudsen Apps does not warrant that any of the materials on the Moobot Service are accurate, complete, or current. Knudsen Apps may make changes to the materials contained on the Moobot Service at any time without notice. Knudsen Apps does not, however, make any commitment to update the materials.
7. Third Party Content
Knudsen Apps has not reviewed all the third party content from the Moobot Service and is not responsible for the contents of any such third party (collectively "Third Party Content"). Knudsen Apps does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Accessing Third Party Content (including, but not limited to, the use of Third Party Content) is at the user's own risk.
8. Rights in User Content
The Moobot Service may include areas or services in which you or other users may create, post or store items or materials on the Moobot Service ("User Content"). If you submit or post User Content you grant Knudsen Apps a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Knudsen Apps and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose.
By submitting or posting User Content to the Moobot Service, you represent and warrant that:
- such User Content is non-confidential;
- you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Moobot Service;
- the User Content is accurate and not misleading or harmful in any manner; and
- the User Content, and your use and posting thereof in connection with the Moobot Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation.
In addition you acknowledge and agree that:
- Knudsen Apps is not responsible for User Content nor Third Party Content on the Moobot Service nor under any obligation to monitor, move, remove, edit, refuse to upload, post, or otherwise transmit content or material, or disable access to it; and
- User Content and Third Party Content on the Moobot Service is a means of public (not private) communication and Knudsen Apps may disclose the identity, origin, user data or other information in relation to any User Content, Third Party Content or materials on the Moobot Service for the purpose of, but not limited to, co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
9. Prohibited Conduct
You agree that you will abide by these Terms and Conditions of Use and will not:
- post, upload, or distribute any defamatory, libelous, or inaccurate Content;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Moobot Service as another person or entity without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Moobot Service, or perform any other similar fraudulent activity;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Moobot Service or its Third Parties, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the foregoing related to promotional giveaways (such as raffles and contests), and other similar activities;
- defame, harass, abuse, threaten or defraud Users of the Moobot Service or its Third Parties, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Moobot Service or Content, features that prevent or restrict use or copying of any content accessible through the Moobot Service, or features that enforce limitations on the use of the Moobot Service or Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Moobot Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the Moobot Service or any user’s enjoyment of them, by any means;
- interfere with or disrupt the Moobot Service or servers or networks connected to the Moobot Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Moobot Service;
- use the Moobot Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Moobot Service, or that could damage, disable, overburden or impair the functioning of the Moobot Service in any manner;
- attempt to indicate in any manner that you have a relationship with Knudsen Apps or that we have endorsed you or any products or services for any purpose.
Further, you agree not to create, post, upload, transmit, distribute, store or otherwise publish any of the following User Content through the Moobot Service:
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- Content that, in the sole judgment of Knudsen Apps, is objectionable or which restricts or inhibits any other person from using or enjoying the Moobot Service or its Third Parties, or which may expose Knudsen Apps, our users, or Knudsen App's Third Parties to any harm or liability of any type.
10. Terms and Conditions of Use Modifications
Knudsen Apps may, at our discretion, revise, change, modify, add or remove portions of these Terms and Conditions of Use at any time without notice. By using the Moobot Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Notice of such changes will be provided by updating the "Last Modified" date above. Please check these Terms and Conditions of Use periodically for those changes. Your continued use of the Moobot Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms and Conditions of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Moobot Service.
11. Governing Law
Any claim or disputes relating to the Moobot Service shall:
- be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions; and
- all be conducted in the State of Trondheim, including, but not limited to, any appeals.
You agree to indemnify, defend, and hold harmless Knudsen Apps, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Moobot Service, any User Content you post, store or otherwise transmit in or through the Moobot Service, your violation of the rights of any third party, any violation by you of these Terms and Conditions of Use, or any breach of the representations, warranties, and covenants made by you herein. Knudsen Apps reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Knudsen Apps, and you agree to cooperate with Knudsen App’s defense of these claims. Knudsen Apps will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your access to the Moobot Service.
You agree that Knudsen Apps may use your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding your use of the Moobot Service which suggests partnership with Knudsen Apps without Knudsen Apps's prior review and written approval, at Knudsen Apps's sole discretion.
By making an online monetary transaction to the Moobot Service ("Contribution") through its third party payment service ("the Payment Service", "PayPal"), you represent and warrant that:
- once a Contribution is made, the transaction is final and cannot be disputed or reversed unless it was made fraudulently;
- if you become aware of any fraudulent use of your debit card, credit card or Payment Service account, you will report this to your card operator or to the Payment Service in accordance with their reporting rules;
- you agree to provide full information, on request or otherwise, that will allow Knudsen Apps to verify your identity or the details which you have given us;
- you are a User who can legally make a Contribution;
- Knudsen Apps reserves the right to refuse, terminate or cancel a Contribution, at any time in its sole discretion;
- any imaginable service, benefit or effect from a Contribution may change, or be revoked by Knudsen Apps at any time without notice;
- Knudsen Apps may impose an additional transaction fee, which will be applied to transactions from the Payment Service during the process of a Contribution;
- once a Contribution is made, Knudsen Apps will have fully satisfied its obligation to deliver or otherwise provide any service, benefit or effect imagined by making the Contribution final; and
- you are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Contribution. If you do not pay such sales or other tax or fee on the Contribution, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Knudsen Apps reserves the right to collect such taxes or other fees from you at any time.
By granting a company, entity, or organization (collectively, a "subscribing organization") access to Content on the Moobot Service meant primarily to be accessed by you ("Editor Privileges"), you represent and warrant that such subscribing organization:
- are accessing the Moobot Service on your behalf;
- are an authorized representative of yourself with the authorithy to bind such organization to these Terms and Conditions of Use;
- has read these Terms and Conditions of Use;
- understand these Terms and Conditions of Use; and
- agree to these Terms and Conditions of Use.
Further, you acknowledge that you are liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the subscribing organization's use or inability to use the materials on the Moobot Service or through its Third Parties.
The failure of Knudsen Apps to exercise or enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions of Use, and will not be deemed to limit or affect any of the provisions hereof.