“Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on, or through the Site, including all User Content (as defined below).
MOBILITY SALES PLATFORM
As between the parties, Mobility Sales owns all right, title and interest (including patent rights, copyright rights, trade secret rights, trademark rights, database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, artistry, designations, designs, know how, ideas, programs, events and information in connection with the Mobility Sales platform and related technology, the Mobility Sales business and services, and any of Mobility Sales’ proprietary information or content that is otherwise created by Mobility Sales, including modifications, upgrades, new versions, designs, audio, video, and data developed by, or on behalf of Mobility Sales (collectively, “Mobility Sales Materials“). No rights or licenses are granted to the Mobility Sales Materials other than as expressly set forth in this Agreement.
USER CONTENT
A. GENERALLY
All Content added, created, uploaded, submitted, distributed, or posted to the Site by users (collectively “User Content“), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up to date, and in compliance with all applicable laws, rules and regulations.
B. THIRD-PARTY USE OF CONTENT
By posting Content on Mobility Sales, it is possible for an outside website or a third party to re-post that Content. You hold Mobility Sales harmless for any dispute concerning this use. If you choose to display your own Mobility Sales-hosted image on another website, the image must provide a link back to its listing page on Mobility Sales.
LICENSE OF YOUR CONTENT
A. YOU OWN YOUR CONTENT
Mobility Sales does not claim ownership rights in your Content. You grant Mobility Sales the license described below solely to enable Mobility Sales to use any information or Content you supply Mobility Sales with, so that Mobility Sales is not violating any rights you might have in that Content. These license grants do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
B. TO MOBILITY SALES
You grant Mobility Sales a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and exercise to the trademark, copyright publicity, and database rights, and the right to prepare derivative works (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. Mobility Sales may store or re-format your Content on Mobility Sales and display your Content on Mobility Sales in any way as Mobility Sales chooses. Mobility Sales will only use personal information in accordance with Mobility Sales’ privacy policy.
C. TO OTHER USERS
As part of its services hereunder, Mobility Sales may enter into agreements with third parties to display, promote, offer for sale, sell and distribute Mobility Sales merchants’ products through such third parties’ television channels, websites, blogs, affiliate networks, and online advertising channels (“Third Party Partnerships”). Merchants grant to Mobility Sales a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use your Content in connection with such Third Party Partnerships. Mobility Sales reserves the right in its sole discretion to select any particular Content consistent with and for use in the Third Party Partnerships, but is under no obligation to use any particular Content.
“Publicity Content” includes Content created by Mobility Sales’ interaction with merchants through telephone discussions, in-person meetings, conferences, or industry events, including, but not limited to photographs or videos in which the merchant appears or interview transcripts or quotes containing comments by merchant regarding the Mobility Sales service.
You grant Mobility Sales a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the Publicity Content in connection with its business in any media now known or not currently known, including, but not limited to, the Mobility Sales website, in social media, in the Third Party Partnerships and in news releases and general marketing material.
Mobility Sales intends to help our community members share the offers, items, and Merchant stories on Mobility Sales to help expand our community. To facilitate this exchange, you grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, prepare derivative works of, display, and distribute such User Content, including after your termination of your Account or the Services. The foregoing does not transfer any ownership rights between you and other users of Mobility Sales, and excludes any use of User Content or derivative works thereof for sale of products by other users on Mobility Sales or in any other sales channel.
D. BUYER TESTIMONIALS
Buyer testimonials are an important part of a consumer marketplace. To facilitate this exchange, you grant each merchant with whom you communicate a non-exclusive, perpetual license to access your communications (“Merchant Communications”) through the Site, and to use, edit, modify, reproduce, prepare derivative works of, display, and distribute such Merchant Communications, including after your termination of your Account or the Services. The foregoing does not transfer any ownership rights between you and other users of Mobility Sales, and excludes any use of Merchant Communications or derivative works thereof for sale of products by other users on Mobility Sales or in any other sales channel. You may revoke this license at any time by contacting Mobility Sales Customer Service and requesting revocation of the merchant’s license to display your communication.
LICENSE TO YOU
A. LICENSE TO USE SITE
Subject to these Terms of Use, Mobility Sales grants each user of the use of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Site. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Site is expressly prohibited without prior written permission from Mobility Sales. You will not sell, license, rent, or otherwise use, or exploit any Content for commercial use or in any way that violates any third party right.
B. LICENSE RESTRICTIONS AND SPAM
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Mobility Sales user. Without obtaining prior permission from the other user, this personal information will only be used for that transaction or for Mobility Sales-related communications. Mobility Sales has not granted you a license to use the information for unsolicited commercial messages. Without express consent from the user, you are not licensed to add any Mobility Sales user to your email or physical mail list. For more information, see Mobility Sales’ privacy policy.
C. CONTENT DISCLAIMERS
Mobility Sales does not control the Content provided by users that is made available on Mobility Sales. You may find some Content to be offensive, harmful, inaccurate or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Mobility Sales, you accept such risks. Mobility Sales (and Mobility Sales’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Mobility Sales. Please use caution, common sense, and practice safe buying and selling when using Mobility Sales.
Mobility Sales is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Mobility Sales does not endorse and is not responsible or liable for any content, advertising, products, or other materials on, or available from such websites or resources. Mobility Sales will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
D. AVAILABILITY
Mobility Sales reserves the right to, but does not have any obligation to remove, edit or modify any Content in Mobility Sales’ sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims, or allegations from third parties or authorities relating to such Content or if Mobility Sales is concerned that you may have violated these Terms of Use), or for no reason at all.
IDEA SUBMISSIONS
Mobility Sales considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material“) to be non-confidential and non-proprietary, and Mobility Sales will not be liable for the disclosure or use of such Material. If, at Mobility Sales’ request, any member sends Material to improve the site (for example through the Forums or to customer support), Mobility Sales will also consider that Material to be non-confidential and non-proprietary, and Mobility Sales will not be liable for use or disclosure of the Material. Any communication by you to Mobility Sales is subject to this Agreement. You grant Mobility Sales, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including, but not limited, to incorporating it in an API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
RESTRICTIONS ON CONTENT AND ACTIVITIES
Mobility Sales and its community of users work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content and policy violations to us.
You are solely responsible for your conduct and activities on, and regarding to Mobility Sales and any and all User Content, as defined below, that you submit, post, and display on Mobility Sales. In addition to the following, you will be bound by our Member Rules.
1. CONTENT RESTRICTIONS
You will not (and will not permit any third party to) either (x) take any action or (y) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual duty (see our Copyright Policy);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Mobility Sales in Mobility Sales’ sole discretion;
iv. violates any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
v. Contain items that have been identified by Products Safety Australia, ACCC, Product Safety Recalls Australia or similar government body as hazardous to consumers or subject to a recall;
vi. constitutes unauthorised or unsolicited advertising, junk or bulk email (“spamming“);
vii. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage, or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
viii. would appear in inappropriate categories or areas on our sites and services;
ix. impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information.
x. includes anyone’s identification documents or sensitive financial information.
2. INFRASTRUCTURE RESTRICTIONS
You will not (directly or indirectly): (i) take any action that imposes or may impose (as determined by Mobility Sales, in Mobility Sales’ sole discretion) an unreasonable or disproportionately large load on Mobility Sales’ (or Mobility Sales’ third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures Mobility Sales may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the use of the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) or harvest or scrape any Content from the Site.
3. TECHNICAL RESTRICTIONS
You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You will abide by all applicable local, state, national, and international laws and regulations.
4. LEGAL RESTRICTIONS
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Mobility Sales service, and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.
5. MOBILITY SALES REMEDIES
i. Access
We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
ii. Enforcement
Without limiting other remedies, we may, without notice, and without refunding any fees, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) that a user is:
- creating problems or possible legal liabilities,
- infringing on the intellectual property rights of third parties, or
- acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-Mobility Sales transactions, manipulating your online reputation, circumventing temporary or permanent suspensions, or harassing our employees or other users).
