By using and/or visiting this Website (including all content available through the MobIncentive.com domain), you are entering into an agreement with Forty Seeds, LLC (the "Company"), and indicating that you agree to the terms and conditions specified below ("Terms of Use"). If you do not agree with these terms and conditions, please do not use this Website. Please contact us if you have an questions or comments.
The Company reserves the right to modify or replace the Terms of Use at any time. The new Terms of Use shall be effective immediately.
MobIncentive (the "Service") is a free website from Forty Seeds, LLC (the "Company") that provides a forum for particpants to inspire production and/or action from the public through providing a collective monetary incentive for performing the desired production and/or action. The Service shall include, but not be limited to, any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, videos, software, audio clips, and video clips, also known as the "Content"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security, and/or reliability of the Service. The Company also reserves the right to modify, suspend, or discontinue the Service with or without notice at any time and without any liability to you.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to harass, abuse, threaten, impersonate, or intimidate other users; (b) prevent others from using the Service; (c) use the Service for any fradulent or inappropriate activities; (d) create or submit unwanted email ("Spam") any other users or URL; The Company may remove any Content or user accounts at any time for any reason, or for no reason at all. To report Terms of Use abuse, please contact us.
You represent and warrant that (a) all of the information provided by you to participate in the Services is correct and current; (b) you have all necessary right, power and authority to agree to these Terms of Use and to perform the acts required of you hereunder; (c) you are at least thirteen (13) years of age.
By uploading, submitting, or distributing Content of any kind on the Website or through the Service, unless source quoted, you represent and warrant that you own all rights to the Content and agree that the Content will be subjec to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
The Company shall respond expeditiously to claims of copyright or intellectual property infringement. The Company will promptly process and investigate any notices of alleged infrigement and will take the appropriate actions under the Digital Millenium Copyright Act ("DMCA") and/or other applicable intellectual property laws. Upon receipt of any complaint, the Company may remove or disable access to any material claimed to be infringing and remove or disable access to any reference or link to material claimed to be infringing. The Company will terminate access for any users who are repeatedly infringe. To report copyright or intellectual property infrigement, please contact us.
The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
The privacy policy is available at http://www.mobincentive.com/privacy.aspx (the "Privacy Policy").
You will indemnify and hold harmless the Company, its employees and ageets from any claim or demand made by any third party due to or arising out of your use of the Service, including any liability or expense ariding from all claims, losses, damages (actual and consequential), suits, judgements, litigation consts and attorney's fees, of every kind and nature.
The Company does not represent that the Service or Website are reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. FORTY SEEDS, LLC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL FORTY SEEDS, LLC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FORTY SEEDS, LLC BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THESE TERMS OF USE.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Forty Seeds, LLC and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision
These Terms of Use shall be interpreted in accordance with the laws of the State of Washington.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind the Company in any respect whatsoever. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
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