AGREEMENT WITH THE USER AND VOBILE
Welcome to the www.vobilegroup.com, www.vobile.hk, www.vobile.jp, and/or www.vobileinc.com website (the "Site"). The Site is comprised of various web pages operated by Vobile Group Limited (for itself and on behalf of its subsidiaries) (“Vobile”, “we”, or “us”). If you are accessing the Site on behalf of a company or other entity, you represent and warrant that you are authorized to bind such entity to these Terms. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you have entered into a service agreement or other agreement with Vobile with respect to any of its services, that agreement also governs your use of the Site.
Visiting the Site or sending emails to Vobile constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
PURPOSE OF SITE/DESCRIPTION OF SERVICES
Vobile may provide you with a free collection of services through the Site (collectively and individually, the “Service(s)”) which may include descriptions of proprietary technology, paid products and services provided by Vobile, downloadable brochures, links to more information about Vobile and its products, and links to the social media presence of the company. The term “Service(s)” refers to the information and functionality provided by the Site and does not include any other services to be rendered by Vobile, which shall be addressed in separate contracts between Vobile and the relevant parties. Vobile reserves the right to change or discontinue the Services at any time, with or without notice. These Terms govern any changes to the current Services, including but not limited to enhancements and new product releases. By using the Site, you agree that Vobile shall not be liable to you or to any third party for any change or discontinuance of any of the Services.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Vobile that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may not violate or attempt to violate the security of the Site, including, without limitation: (a) obtaining or attempting to obtain any Content or Service through any means not intentionally made available or provided for through the Site, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Vobile will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, Vobile shall have the discretion to take such action as Vobile deems necessary, in its sole discretion, to preclude a security violation, and Vobile shall not be liable for any damages of any nature suffered by you or a third party resulting from Vobile’s exercise of its rights.
All content included as part of the Service or otherwise contained on the Site, including but not limited to all text, graphics, logos, images, and the compilation and arrangement thereof (collectively or individually, the “Content”), and any software used on the Site, is the property of Vobile or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto. Vobile neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Vobile.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, found on the Site. The Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of Vobile and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Vobile or our licensors except as expressly authorized by these Terms. Vobile assumes no liability or responsibility for any damages arising out of your wrongful and/or illegal use of any Content.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Vobile and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Site without the express written permission of Vobile or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Vobile will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You acknowledge the unauthorized use of the Site or the Content could cause irreparable harm to Vobile and that in the event of an unauthorized use, Vobile shall be entitled to an injunction in addition to any other remedies available at law or in equity.
In the event of any conflicts between these Terms and any service agreement (if applicable), the terms of the service agreement shall prevail. Specific terms and conditions may apply to specific Content, products, materials, services or information contained on or available through the Site or transactions concluded through the Site, all of which terms are made a part of these Terms by this reference You agree to abide by such other specific terms and conditions, and if there is a conflict between these Terms and such specific terms and conditions, the latter shall control with respect to your use of that portion of the Site.
THIRD PARTY SITES
The Service is controlled, operated and administered by Vobile from the offices of Vobile, Inc. within the United States, and personal information you provide to Vobile may be transferred to within the United States. You agree that by providing Vobile with your personal information, your personal information may be subject to laws, regulations and/or court orders of the United States and may be disclosed to third parties or United States authorities in complying with the laws, regulations and/or court orders of the United States. If you access the Service from a location outside the United States, you do so at your own initiative you are responsible for compliance with all applicable local laws and regulations, including those relating to the transmission of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, Vobile makes no representation that the Content contained on the Site is appropriate or available for use in locations outside the United States. You agree that you will not use any Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vobile, its officers, directors, affiliates, licensors, suppliers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vobile reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vobile in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VOBILE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED OR THAT OPERATION OF THE SITE AND/OR DELIVERY OF SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VOBILE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE.
VOBILE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VOBILE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VOBILE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Vobile maintains the Site for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Site may be accessible from your current location, and Vobile assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use the Site.
Vobile is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network or mobile connections, failed, incomplete, garbled or delayed computer transmissions, online or mobile failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Vobile is not responsible for Internet, mobile or any other communications network fees or charges associated with your use of the Site.
Vobile assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Vobile reserves the right, in its sole discretion, to modify, suspend, restrict or terminate your access to the Site and any related Service or any portion thereof at any time, without notice. You agree that Vobile shall not be liable to you or to any third party for any modification, suspension, restriction or termination of the Site, any Service or any portion thereof.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California of the United States and all disputes relating to the Terms shall be settled in the California State Court, County of Santa Clara or in the United States Federal Court, Northern District of California in the United States. You hereby consent to the exclusive jurisdiction and venue of such courts in California and waive any objection to venue therein. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vobile as a result of this agreement or use of the Site. Vobile’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vobile’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vobile with respect to such use. You acknowledge and agree that Vobile may preserve any transmittal or communication by you with Vobile through the Site or Services, and may also disclose such data if required to do so by law or where Vobile determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Vobile, its employees, users of or visitors to the Site, and the public. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be limited or eliminated to the minimum extent necessary and will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement with the user and Vobile with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vobile with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
The waiver of a provision or the failure of Vobile to exercise a right provided for in the Terms shall not be deemed a waiver of any other provision or further or future right under the Terms, nor shall any waiver constitute a continuing waiver. Failure to enforce a provision of the Terms shall not be deemed a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
If any provision of the Terms is invalid or unenforceable, the validity and enforceability of such provision in any other respect shall not be impaired. The court shall reform the Terms by modifying the provision to be as close to the intent of the original provision as possible. The remaining provisions of the Terms shall remain the same.
CHANGES TO TERMS
Vobile reserves the right, in its sole discretion and without prior notice, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions, and you will be deemed to have agreed to these modifications through your further use of the Site. Vobile encourages you to periodically review the Terms to stay informed of our updates. If you do not agree to these Terms, please do not use the Site.
Vobile welcomes your questions or comments regarding the Terms:
Vobile Group Limited
c/o Vobile, Inc.
2880 Lakeside Dr., Suite 360,
Santa Clara, CA 95054,
Vobile Group Limited
c/o Vobile Group (HK) Limited
Room 2310, 23/F,
118 Connaught Road West,
Sai Ying Pun,
+1 (408) 217-5000
Effective as of December 1, 2017