Terms of Use
Welcome to the Mobypal website (“the Website”). The usage of the Website is governed by the following terms of use. We ask that you read through these carefully. The terms of use below constitute the agreement that you obligate yourself to comply with when you agree to become member at Mobypal or use the Website www.mobypal.se or www.mobypal.com. If you do not accept these terms of use, we ask that you refrain from using the Website.
1 Introduction
1.1 These terms of use apply between Mobycator AB (“Mobycator”) with the government registration number 556724-8967, and the user ( “Users” or “the User”) who either 1) becomes a member of Mobypal by creating an account on the Website and who posts or otherwise publishes materials on Mobypal, or 2) in any other way uses the Website by downloading or otherwise retrieving the material posted without becoming a Member.
1.2 These terms of use may be revised by Mobycator from time to time without a notification of this being sent to you. The latest version of these terms of use are always posted on http://www.mobypal.se/static/terms_en/. Users are therefore recommended to regularly revisit this page.
2 Description of the Website and its contents
2.1 The Website is a community which makes it possible to easily publish videos, photographs, commentaries (and other future types of communication) (“Material” or “Materials”) on the Website directly from a cellular phone. In order to be able to do this, it is necessary that the User downloads special software to their cellular phone. The services which are provided via the Website are at the present time available for use without charge, for the Users who publish Materials as well for those Users who make use of posted Materials.
2.2 In order to be able to use the services which are provided by the Website, the User must have access to the Internet. For the posting of Materials with the usage of a cellular phone, the User must first register as a member either via the Website or via a cellular phone. When registering it is required and expected that the User will provide accurate and complete registration information about themselves. Users are obligated to notify Mobycator if any of the information provided at the time of registration changes at a later date. When the registration of membership has been completed and accepted Mobycator sends a message confirming the membership to the e-mail address which has been provided. If a User forgets his/her password, it will be sent upon request to the e-mail address on record. Notification of a desire to terminate the membership must be made in writing via an e-mail message or via other means of communication which Mobycator may from time to time provide. Upon termination of the membership, all Materials which the User has uploaded to the Website will be deleted.
2.3 Users must have access to a cellular phone which is compatible with the Mobypal software (Symbian 60 or Java) and a wireless subscription which allows the transfer of data. Users are responsible for all costs in connection with the transfer of Materials to the Website.
3 Access to the Website
3.1 The Website is orientated towards Users who are over the age of 13. Users under 16 years old should use the Website only in the company of their parent or guardian. Users who are under 16 years old must acquire the consent of their parent or guardian in order to be able to register as a member on the Website.
3.2 The Website may not be used as a distribution channel or contact base for messages of a commercial nature without Mobycator’s written consent in advance.
4 Usage of Material from the Website
4.1 The contents on the Website are protected by copyright and other laws governing intellectual property rights and belong to Mobycator unless otherwise stated. The rights to uploaded Materials belong to the respective User.
4.2 Information and other Materials which are provided via the Website may be used for the visitor's personal use under the condition that all notices of copyright are retained. The contents on the Website may not be used for any other purposes without explicit permission in writing from Mobycator. Users may not engage in any act to circumvent, prevent or in any other way to override or limit any security-related functions on the Website or functions which protect or limit the usage of the Website’s contents.
4.3 All proprietary names, trademarks and logotypes and all other distinctive features which are reproduced on the Website belong exclusively to Mobycator unless otherwise stated. It is not allowed to use the proprietary name, trademarks and logotypes or any other distinctive features belonging to Mobycator without the explicit consent in writing from Mobycator.
5 Uploading of photographs and videos to the Website
5.1 For Materials which Users have uploaded, Mobycator is entitled to disseminate or to publish at other places.
5.2 Users are solely responsible and bear full liability for the Materials which have been uploaded to the Website and for the consequences of using and publishing it. By uploading Materials to the Website, the User represents and warrants that the User holds the copyright to the uploaded Material or that the User has the consent of the holder of the copyright to upload the Material.
5.3 Users have the responsibility to ensure that every identifiable person who appears in the uploaded Materials has given their explicit consent that this be posted and published on the Website.
5.4 Users retain all rights to the uploaded Materials. By uploading Materials on the Website, Mobycator is given a transferable right and licence to publish, without compensation, the Materials on the Website and in addition to use the Material in the manner which Mobycator considers is in the best interests of and benefit to the Website.
5.5 Materials which are uploaded to the Website may be freely downloaded by other Users who will then have the right to distribute, modify or edit, and display them to others. This licence is terminated only via that the Material in question is deleted by the User from the Website.
5.6 Materials which are uploaded to the Website may not contain (i) untruthful information nor false accreditation or attribution which might injure Mobycator or any third party; (ii) material which is pornographic, of a harassing nature, racist, and/or are for the purpose of inciting others to commit criminal acts, or activities inappropriate for the Website; (iii) advertising or marketing of commercial enterprises; (iv) information which means which the User is misrepresenting themselves to be someone other than who they are; (v) information which results in infringement of another person’s personal integrity; (v) links or computer viruses or any similar material intended to disturbed or damage computer equipment belonging to third parties, or (vii) material which is protected by copyrights or other intellectual property rights belonging to a third party.
6 Mobycator’s rights and obligations
6.1 Mobycator is not responsible for any information or opinion which is expressed in the Material which is uploaded to the Website.
6.2 Mobycator does not permit activities on the Website which infringe or reduce the value of the copyrights or which has been posted in violation of these terms of use. Mobycator reserves the right to remove Materials which have been uploaded in violation of the terms and which, after a correct notification to Mobycator, has found to constitute an infringement of copyrights held by others or a violation of these terms of use. The notification must state the facts and grounds detailed in precision, and if it concerns an infringement of copyright evidence must be presented confirming that the complaint is being made by the rightful holder of the copyright. In addition, the complainant’s contact information must be provided.
6.3 Mobycator reserves the right to remove uploaded Materials without advance notice. If a User violates the terms of use, Mobycator reserves the right to at any time without advance notice block the User from using the Website and to delete the User and the uploaded Materials. Mobycator also reserves the right to decide whether the contents or Materials uploaded is appropriate and suitable and is in compliance with these terms of use (with exceptions for a correct notification of copyright violation).
6.4 Mobycator has the right to cancel the terms of use with immediate effect if there are reasons to suspect that the User is not complying with their obligations according to these terms of use. To stress, any posting of Material in contravention of point 5.6 above will be considered to constitute grounds for immediate termination and exclusion of the User.
6.5 In order to be able to take measures against infringements and ensure that the Materials are not posted in violation of these terms of use, Mobycator reserves the right to collect and retain the User’s IP address. This may be used internally as well as provided to the relevant pubic authorities and the User’s Internet service provider in the event of suspicion about violations of law.
6.6 Mobycator reserves the right to amend the terms for the usage of the Website. The revised terms of use will be notified to the User via e-mail or via posting them on the Website. Mobycator may, in addition to these terms of use, establish general rules and restrictions for the usage of the Website.
6.7 The Website is generally available 24-hours a day, seven days a week, 365 days a year. Mobycator however provides no guarantees that the Website will always be free from faults or interruptions. Mobycator strives to ensure that the Website remains free of computer viruses but provides no guarantees in this regard. Users are urged to have installed appropriate software for protection against viruses when using the Website. In the unfortunate event of any deficiencies occurring or interruptions in access to the Website arising, Mobycator must be given the possibility to remedy these without it being regarded as a breach or violation of the agreement. Mobycator is also entitled, to a reasonable extent, to temporarily shut down the Website, for example upgrading and service. Mobycator does not have any responsibility or liability for damages in the event any Materials which are stored in or transferred via the Website are deleted or not saved.
6.8 Mobycator has the right to transfer its rights and obligations according to these terms of use in part or in its entirety. Mobycator has absolutely no liability for any delays or interruptions which are caused by other suppliers.
6.9 The information on the Website is provided only for the purpose of information and entertainment. All Materials which are made available via the Website are provided in “as-is” condition without being accompanied by guarantees or warranties to any extent. Mobycator disclaims any liability for errors, defects or deficiencies in the Materials and information which is distributed via the Website. Despite this, Mobycator reserves the right to, at any time and without advance notice, alter or remove the information and contents on the Website.
6.10 Mobycator assumes no liability for any damages, losses or costs which have arisen as a result of the usage of the Website or software which is provided via the Website. Mobycator provides no guarantees that the Website or the services which are offered via the Website by Mobycator (including offers of free downloading of software) meets the User's needs or will be able to be provided without interruption, be up-to-date, stable, or free of defects.
7 The User’s responsibilities
7.1 Members will receive a password after the registration procedures have been completed. The Member has the responsibility to keep the password secret and is personally responsible for all activities occurring via his/her password. The Member must immediately inform Mobycator about any unauthorized usage of their password or any other form of breach or violation of security measures. Mobycator has no liability for losses or damage if the Member fails to comply with these requirements.
7.2 The Member has the responsibility to ensure that the e-mail address which has been provided is correct and operative. E-mail that Mobycator sends to the address will be considered to have been received by the Member within three days from its transmission.
7.3 The Member is not entitled to transfer his/her rights and obligations under these terms and of use without Mobycator’s written consent.
7.4 The User understands and agrees that the User is solely responsible for all Material which the User uploads to the Website. This means that the User, and not Mobycator, is wholly responsible for all Material and the contents which are entered, uploaded, posted, e-mailed or in any way is transferred via the Website and that the User may be liable for claims in this connection.
7.5 Mobycator does not check or in any way inspect in advance the Material which is to be uploaded to the Website. Mobycator has no liability under any circumstances nor in any manner for such Material or for any other losses or damage of any kind occurring caused via the usage of any Material which has been sent, e-mailed or in another way transferred via the Website.
8 Links
8.1 The Website may contain links to other websites on the Internet. As Mobycator does not have control over such websites, Mobycator assumes no liability for either the accessibility to such external websites, or for their contents, advertising and claims, products, or other materials available thereby. Mobycator furthermore has no responsibility or liability to pay any compensation, directly or indirectly, for any damage or losses which have been caused or arisen by or in connection with the usage of or by trusting such contents, products or services which are available on or via such website or the resources contained therein.
9 Notifications to Mobycator
9.1 All messages and information which is sent to Mobycator via the Website will be regarded as being non-confidential information which can be used by Mobycator. Mobycator is thus unhindered within the framework of its activities to use from the Materials any idea, concepts, know-how or technical information which is sent to Mobycator via the Website.
10 Liability to pay compensation for damages
10.1 Users must indemnify and hold Mobycator harmless from any claims or demands, including reasonable legal fees, from a third party due to or in connection with the Material which has been uploaded to the Website, the utilization of the Website, the connection to the Website, a violation of these terms of use, and the User’s infringement on third party’s rights.
11 Collection and usage of personal information
11.1 Personal information which is provided in connection with an application for membership in order to be able to upload Materials or which in other respects is registered within the framework of the contractual relationship is managed by Mobycator, who is the data controller. The purpose with this collection of personal data and its usage is to manage your utilization of the Website’s services and to be able to provide information about Mobycator services via its marketing efforts.
11.2 The personal information is not saved for a longer period than what is necessary with regard for the purposes for which it has been collected.
11.3 Users who want to obtain information about what personal information is held and used by Mobycator may obtain this by making such a request in writing or via e-mail to Mobycator AB, Box 2068, 449 11 Nol, info@mobypal.se. By accepting these terms of use, the User agrees to the collection and usage of the personal information which is described above.
12 Disputes
12.1 In the event of any disputes or legal issues arising between Mobycator and Members/User, the parties will attempt to resolve them via mutual agreement. If the parties cannot reach an agreement, the dispute or legal issue may submitted to the National Board for Consumer Complaints for a resolution where the Board is authorized to examine the matter. In other cases, the dispute or legal issue will be decided by a court of general jurisdiction in Sweden with the application of Swedish law.
For more information:
Contact info@mobycator.se if you would like to know more about Mobycator or if you have any questions about the Website.
© MOBYCATOR AB 2007