Legal Jargin.
TERMS OF SERVICE
Welcome to the moBubble service, owned and operated by moBubble, Inc., a California Corporation. The following terms and conditions ("Terms of Service") form a binding legal agreement between You and us. Please review the following Terms of Service carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or services therein. This is a legal agreement between you and moBubble and applies to you whether you are a registered user of the Site or a non-registered user just browsing (collectively "Users"). By using the Site, its contents, applications or widgets offered by moBubble, you are agreeing to these Terms of Service, and these Terms of Service will govern your use of the Site. If you do not agree to these Terms of Service, you must cease use of the Site. The terms "moBubble" or "us" or "we" or "our" refers to moBubble, Inc., the owner and operator of the Site. The generic terms “Site,” “Website,” “ Platform,” “Application” and “Service” refer to moBubble’s websites, applications, or tools as a whole. The term "you" refers to the person accessing or using the Site, or the company or organization on behalf of which that person accesses the Site. “User” refers to anyone who uses or browses this website, including you. The term “Rating” means the ratings given to users of the Service based on particular transactions. The term “Contact” means those persons whose information I link or import to moBubble.
MOBUBBLE IS ONLY A VENUE
moBubble is a communications platform for enabling connections between Users. moBubble does not take part in the interaction between Users. moBubble does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services or products provided by its Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. moBubble does not have control over the quality, timing or legality of products or services delivered by its Users. moBubble makes no representations about the suitability, reliability, timeliness, or accuracy of the products or services requested and provided by Users identified through the Service whether in public, private, or offline interactions. moBubble cannot confirm that each User is who they claim to be. moBubble does not assume any responsibility for the accuracy or reliability of this information or any information on the Service. Investigating or completing transactions on moBubble will often involve in-person interactions, moBubble does not screen or verify or vouch for its users’ histories, propensities or intentions, and you are advised to use common sense to protect both your commercial interests and personal safety engaging in in-person interactions or when sharing information by remote communication. The term “Demand” refers to a request made by a potential buyer. The term “Demander” refers to those making such Demands and those whose Demands are fulfilled through transactions on moBubble. The term “Supplier” refers to those who make their products or services available to others on moBubble and those who sell their products or services. The term “Supply” is what a Supplier is selling.
OUR SERVICES
moBubble is a proximity based real-time mobile marketplace. Users can simply post a service or product and get connected to buyers within their local area. Since people typically live with their phone close at hand, their "mobile bubble", a geographical area within a dynamic radius of their phone, follows them as they move about the world. When people enter each other’s mobile bubble, the platform matches them up based on keywords.
moBubble facilitates the connection process from the initial notification to the final transaction. It’s intended to turn each person into their own personal business, allowing them to monetize every one of their skills and talents at the same time. It will become a great way for users to promote themselves to others around them to make extra money on the side.
By tracking user ratings, customers, repeat customers, user recommendations, and other variables, moBubble can logically quantify user legitimacy, quality, and security. Our goal is to connect people to others around them who have what they want through a service that enhances buyer confidence by using social feedback to algorithmically determine seller quality. In moBubble a User can place a Demand or offer a Supply. A user can fulfill a Demand and moBubble will even match Demanders with Suppliers.
By using or even just visiting moBubble, you acknowledge your acceptance of both the Terms of Service and the terms and conditions of our Privacy Policy, incorporated in these Terms of Service by reference. If you do not agree to all of these terms or conditions then you may not use moBubble.
You are permitted to use moBubble, only if You: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of moBubble in any medium without moBubble's prior written authorization except as permitted through moBubble's functionality and under this Agreement; (4) Do not change any part of moBubble other than in ways authorized by us that may be reasonably necessary for you to use moBubble for its intended purposes; (5) Provide accurate and complete information when creating an account; (6) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using moBubble or when following up on moBubble information on-line or in person; (7) Don't collect any personally identifiable information, including full names, physical addresses, names, usernames, genders or e-mail addresses, for non-moBubble commercial purposes; (8) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (9) Affirm that you own or have the necessary licenses, rights, permissions, and consent to use and authorize moBubble to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across moBubble; (10) Grant each moBubble User, whether using moBubble or an application developed via a third-party developer, a non-exclusive license to access your submissions through moBubble and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through moBubble's functionality and under these Terms of Service; (11) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to moBubble; and (12) Affirm we have the right to determine whether any of your submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
LIABILITY AND REGISTRATION
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with moBubble and represent, warrant and covenant that you provide moBubble with accurate, truthful, and complete registration information (including, but not limited to, your Username, e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your moBubble account. You shall not:
• provide any false personal information to moBubble (including a misleading Username) or create any account for anyone other than yourself without such person's permission;
• use a Username that is (or is similar to) the name of another person with the intent to impersonate that person;
• use a Username or moBubble account that is subject to any rights of a person other than you without appropriate authorization; or
• use a Username or provide other information that is offensive, vulgar or obscene.
• infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other rights of third parties,
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by moBubble in its sole discretion; or
• is false or inaccurate;
• execute transactions that began within moBubble, outside moBubble;
• execute false transactions through moBubble to improve your rank and gain positive reviews and/or ratings;
• use moBubble as a tool to barter; or
• do anything that could reasonably be expected to harm or damage our company, affiliates, advertisers, or other parties.
moBubble reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your moBubble password. You shall never use another User's account without such other User's prior express permission. You will immediately notify moBubble in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. moBubble may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. “moBubble” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms of Service. The content on moBubble, excluding all intellectual property of other sites obtained by way of API and linking, are owned by moBubble. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). These are owned or licensed to moBubble, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by moBubble is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through moBubble's functionality and under these Terms of Service. We reserve all rights in and to moBubble and the Content, that are not hereunder expressly granted to you.
DEMANDS AND SUPPLIES
a. POSTING A DEMAND
Once a User submits a Demand, moBubble posts the Demand within the Application. The same applies when a User posts a Supply. The Users then can communicate via moBubble and fulfill Demands and Request Supplies, as moBubble matches Demanders and Suppliers based on keywords. Transactions that initiated through moBubble must be completed within the moBubble Application. Users must provide required information (e.g., what they want done if they are making a Demand). However, moBubble does not and cannot guarantee a match between Users, or that there are other Users in a particular User’s area that are either capable or willing to fulfill the User's Demand at the time and place requested.
b. POSTING A SUPPLY
To post a Supply on moBubble you must include such items as a description of what you are offering and a price. By posting a Supply on moBubble, you are offering to render a service or product at the price specified in the listing and once the transaction has been completed you will receive that amount minus moBubble’s 5% rake. You may also be rated by the moBubble User whose Demand you fulfilled.
Suppliers acknowledge that they are solely responsible for customer service and client satisfaction for any services performed for Demanders. Supplier will be solely responsible for scheduling and managing appointments with Demanders and managing Demanders inquires. If a Supplier is scheduled to perform a job, but the job does not occur or the payment for the transaction (whether it be for a service or a product) never occurs, you may contact moBubble and moBubble may, in its sole discretion, credit you the lost 5% rake upon investigation into the matter. moBubble is not obligated to credit a rake to any User but may do so in its sole discretion.
Subverting or exploiting moBubble. The value of moBubble rests in a thriving network of users. It is a violation of these Terms of Service to (a) intentionally avoid the payment of fees by arranging or paying for transactions outside of the context of the Website, or (b) knowingly submit a Demand with the intention of delegating the performance of the Demand to another Supplier or to a third party for purposes of garnering a commission, agency or placement fee.
c. DEMAND AND SUPPLY INFORMATION
Any User may submit a Demand or Supply in accordance with the conditions of these Terms of Service. If a User is acting as a Demander or Supplier, he or she must register as a User and be capable of forming legally binding relations under applicable Law. A User must be able to form a legally binding contract, and not be temporarily or indefinitely suspended from using our site, services or tools in order to submit a Demand or post a Supply. All Demands or Supplies posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Demand or Supply must be descriptive enough to allow a User to ascertain the necessary details to request the Supply or fulfill a Demand.
Some information, including but not limited to your username, GPS location, ratings and reviews, and photo, can be seen by the Users even before they select your Supply or Demand. Further, by using moBubble you agree that under no circumstances are you to make false transactions in order to increase your rating and gain positive reviews on moBubble.
When a Demander accepts a Supply from a Supplier, he or she explicitly implies an offer to pay the Supplier in the amount listed for services rendered or products provided through the moBubble Application. A Demander may only accept one Supplier for a specified Demand. Accepting a Supply or fulfilling a Demand amounts to entering a binding legal agreement to pay the Supplier once the Service is rendered or the product is provided. Please consider carefully when you accept a Demand or a Supply from a User. By posting a Demand or Supply you represent that the Demand or Supply is lawful and does not infringe on the intellectual property of any third party. Your description of the Demand or Supply must be truthful and accurate. Any Demand or Supply posted on the Website (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Where your listing appears on moBubble may be based on certain factors including title, keywords, price, feedback, ratings, and approximate location, which will be viewable by other moBubble users, and possibly on promotional considerations and programs which moBubble may institute in its discretion.
d. Ratings and Reviews
moBubble allows Users to post their Demands and Supplies on its Application. moBubble does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Users. USERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF USERS THEY MAY ENTER A TRANSACTION WITH, INCLUDING, BUT NOT LIMITED TO, WHETHER SUPPLIERS ARE APPROPRIATELY LICENSED, FREE OF SIGNIFICANT CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. MOBUBBLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY USERS FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES. Notwithstanding the foregoing, moBubble reserves the right to review such Profiles and to delete any Content posted on the Profiles in accordance with these Terms of Service. moBubble may also make changes to such Content, including but not limited to changes to conform with moBubble's editorial policies and/or to provide Users with additional information from the Supplier's website, other Supplier materials provided to moBubble, or publicly available sources, and Supplier shall be deemed to have accepted such changes and/or additional information if it does not request that moBubble take down such changes and/or additional information within 96 hours after it receives notice from moBubble that such changes and/or additional information have been posted to the Supplier's Profile. Any such changes and/or additional information shall be deemed to be Supplier’s Content subject to these Terms of Service.
For purposes of this site, only ratings and reviews for Suppliers will be viewable. We may keep track of the actions of Demanders so we can internally rate Demanders, however such ratings will not be viewable.
GPS TRACKING
As part of these Terms of Service, you agree that when you submit Demands and Supplies via moBubble, moBubble may track and display, by GPS or any equivalent technology, your physical location (i.e. your mobile device location) within [an eighth of a mile radius] of your actual location and match you with Demanders and Suppliers based on keywords within your or another User’s bubble. You may cease being displayed on our Application by simply erasing all your Demands and Supplies.
DISPUTES BETWEEN USERS
moBubble will not work to resolve any disputes between Users and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users. In exchange for the privilege of accessing the Website, you expressly assume the risk of and further agree to release moBubble from, and not to seek from moBubble, any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Users or the personal conduct of any Users.
CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, Demands, Supplies, Reviews, Ratings or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. You understand that moBubble does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the moBubble site and Content available through the Service may contain links to other websites, which are completely independent of moBubble. moBubble makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will moBubble be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that moBubble does not pre-screen or approve Content, but that moBubble shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Terms of Service or for any other reason.
If you do post Content you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights. With respect to other users, you grant each moBubble User, whether using moBubble or an application developed via a third-party developer, a non-exclusive license to access your submissions through moBubble and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through moBubble's functionality and under these Terms of Service. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify moBubble for all claims resulting from Content you supply. moBubble has the right but not the obligation to monitor and edit or remove any activity or Content. moBubble takes no responsibility and assumes no liability for any Content posted by you or any third party.
USER INFORMATION
Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your Demands or Supplies. This information will be displayed to those using moBubble. By providing this information to moBubble, or by submitting a Demand or a Supply, you are requesting, and you expressly consent to have details of your Demand or Supply sent to moBubble’s users. If you accept a Demand request or a service or product from a Supplier and this results in a Transaction, moBubble will be entitled to receive from or on behalf of the Supplier a cash fee, equal to 5% of the selling price of the selling price; all Transactions must be done through our Service using PayPal to pay. Information such as who the parties to the transaction were, what was purchased, time of purchase, approximate location of purchase, price of purchase, what the Demand was, and Demanders review and rating of Supplier will be kept. For complete details on moBubble's use of your information, please see our Privacy Policy. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or moBubble has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, moBubble has the right, but not the obligation, to refuse any current or future use of the moBubble services (or any portion thereof) by you.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You agree that all of the Content and information posted on the Website is the sole and exclusive property of moBubble or the party posting such content. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to moBubble for any such damages, and will indemnify moBubble in the event of any third party claims against moBubble based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Website and services at any time. All information on moBubble is for your personal use only. If it is determined or suspected by moBubble in its sole discretion that you are misusing or attempting to misuse, subvert, or circumvent the moBubble services or system (including, but not limited to, not completing transactions that began on moBubble through moBubble), or are using or attempting to use them for any inappropriate, non-personal, or non-moBubble commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, moBubble reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. In the event that you provide moBubble with any feedback regarding the moBubble service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign (for free) to moBubble all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
LINKS
The Website, its Users or third parties may provide links to other internet sites or resources. Because moBubble has no control over such sites and resources, you acknowledge and agree that MoBubble is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that moBubble shall 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 upon, any such Content, goods or services available on or through any such site or resource.
DISCLAIMERS
moBubble is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. moBubble is not responsible for the conduct, whether online or offline, of any User of the Website. Use common sense in your interactions with other Users! moBubble assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. moBubble is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, GPS or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will moBubble or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the moBubble Websites, any Content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. moBubble cannot guarantee and does not promise any specific results from use of the moBubble Website. In addition to the preceding paragraph and other provisions of these Terms of Service, any advice that may be posted on the Website is for informational purposes only and (if not provided by a competent and licensed professional in a Transaction) is not intended to replace or substitute for any professional financial, medical, legal, or other advice. moBubble makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should take special care to only consult with an appropriately trained and qualified specialist, whether through moBubble or otherwise.
You agree that your use of moBubble shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBUBBLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. MOBUBBLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR YOUR FOLLOW UP WITH OTHER USERS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MOBUBBLE. MOBUBBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR MOBUBBLE’S OWN USERS THROUGH MOBUBBLE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBUBBLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS, OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, AND, AS WITH ALL IN-PERSON OR ONLINE INTERACTIONS WITH OTHERS, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INTERACTIONS AND TRANSACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT MOBUBBLE DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES MOBUBBLE INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR INTENTIONS OF ITS USERS. MOBUBBLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER OR ITS ABILITY TO PAY A SUPPLIER OR ANY SUPPLIER'S ABILITY TO PROVIDE A USER WITH THE DEMAND REQUEST. YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH USERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY USER, YOU MUST ADDRESS SUCH DISPUTE WITH THE USER DIRECTLY.
PLEASE NOTE THAT RELYING ON RATINGS, REVIEWS AND RECOMMENDATIONS FROM OTHERS IS AT YOUR OWN RISK. FIRST, IT IS POSSIBLE THAT RATINGS, REVIEWS, AND RECOMMENDATIONS MAY BE ILLEGITIMATE, OR PROVIDED ON BAD FAITH. ALSO, FOR ILLUSTRATIVE PURPOSES AND NOT TO LIMIT THE AREAS WHERE THIS IS APPLICABLE, SOMEONE WHO HAS EXCELLENT RATINGS FOR BEING AN AIR CONDITION SPECIALIST MAY NOT BE A GREAT HEATER SPECIALIST. FURTHER, SOMEONE MIGHT GIVE A USER HIGHER RATINGS WHILE ANOTHER USER WOULD GIVE SUCH SUPPLIER LOWER RATINGS FOR THE SAME SERVICE, THESE RATINGS CAN BE HIGHLY SUBJECTIVE. MOREOVER, A PERSON WHO WAS ONCE A GOOD TUTOR MAY NOT BE GOOD ANYMORE. THESE RATINGS ARE BASED ON PAST EVENTS, ON OPINION, AND POSSIBLY ON SMALL AND/OR UNREPRESENTATIVE SAMPLES, AND MAY NOT ACCURATELY PREDICT FUTURE PERFORMANCE. USING SUCH RATINGS IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY
You will not hold moBubble responsible for other Users' Content, actions or inactions, products, services or demands they list. You acknowledge that instead, our Service is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from within Users’ bubbles, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers, we merely serve as a conduit for the transaction. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer. Uniform Commercial Code § 2-401(2), as adopted in the state in which the Transaction takes place, applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
IN NO EVENT SHALL MOBUBBLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES EVEN IF MOBUBBLE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MOBUBBLE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.
No Liability for non-moBubble Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOBUBBLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH OR FOLLOWING UPON THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED OR UNREGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
INDEMNITY
You agree to indemnify and hold moBubble, its subsidiaries, affiliates, officers, agents, directors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above.
ELECTRONIC COMMUNICATIONS
When you use moBubble, communicate with us via our Application, or send e-mails to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, through our Application, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHANGE OR TERMINATION
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate these Terms of Service at our election and for any reason, without prior notice, and our obligations to you under these Terms of Service will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services. It is your own responsibility to check these Terms of Service regularly.
ARBITRATION
If you and moBubble are unable to resolve any dispute, controversy or claim related to these Terms of Service through informal negotiations, either you or moBubble may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, moBubble will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and moBubble may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution. You and moBubble agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or moBubble’s intellectual property rights and (b) any claim for injunctive relief. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Arbitration will take place at in any reasonable location within California convenient for you. You and moBubble agree that for any Dispute not subject to arbitration, or where no election to arbitrate has been made, the California state and Federal courts located in San Diego, California have exclusive jurisdiction and you and moBubble agree to submit to the personal jurisdiction of such courts.
GENERAL PROVISIONS
Failure by moBubble to enforce any provision(s) of these Terms of Services will not be construed as a waiver of any provision or right. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. These Terms of Service constitute the entire agreement between you and moBubble with respect to its subject matter. If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. These Terms of Service will inure to the benefit of moBubble, its successors and assigns.
SPECIAL PROMOTIONS
moBubble may from time to time provide certain promotional opportunities to Users. All promotions will be run at the sole discretion of moBubble, Inc., and can be activated, modified or removed at anytime by moBubble without advance notification.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
EMPLOYMENT AND WITHHOLDING
moBubble is not an employment service and does not serve as an employer of any User. As such, moBubble will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if moBubble is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to moBubble an equivalent amount, including any interest or penalties thereon.
BILLING AND PAYMENT POLICY
All moBubble Suppliers who enter into transactions on moBubble are obligated to pay moBubble, by rake from the purchase price and through PayPal, a cash fee equal to 5% of the purchase price paid. Users will post Demands and Supplies and when Demands are met through moBubble the transaction must take place using the moBubble Application (which is done through PayPal). For all purchases and payments for reimbursement costs, fees or expenses associated with a fulfilled Demand, Demanders will charge their credit card or PayPal account through our Application, with the transaction being handled via PayPal, according to the agreed upon price between the Demander and the Supplier for the use of the service or product, and you hereby authorize us, through PayPal, to charge your credit card or PayPal account for such amounts. Amounts paid will go to the Supplier’s PayPal account minus the 5% rake. Suppliers authorize the payment to go to their PayPal account. moBubble retains the right, in its sole discretion, to place a hold on any payment for a completed transaction. All payment must be done through our Application using PayPal to process the transaction. As such, no bartering is allowed on moBubble, and you agree to not use moBubble with an intent to barter.
No refunds or credits will be provided by or through moBubble. At moBubble's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by moBubble.
While moBubble will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold moBubble harmless for any damages that may result therefrom.
The Supplier will be liable for all transaction taxes on the services and products provided under these Terms of Service (other than taxes based on moBubble’s income).
POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on moBubble's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from moBubble. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from moBubble.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to moBubble email addresses or through moBubble computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of moBubble computer systems is a violation of these Terms of Service and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. section 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of these Terms of Service to:
violation@mobubble.com
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for moBubble to pursue legal action to enforce these Terms of Service, you will be liable to pay moBubble the following amounts as liquidated damages, which you accept as reasonable estimates of moBubble's damages for the specified breaches of these Terms:
a. If you make a posting that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay moBubble one thousand dollars ($1,000) for each such message.
b. If moBubble establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay moBubble one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access moBubble in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to moBubble email addresses or through moBubble computer systems, you agree to pay moBubble twenty five-dollars ($25) for each such email.
d. If you post Content in violation of the Terms of Service, other than as described above, you agree to pay moBubble one hundred dollars ($100) for each Item of Content posted. In its sole discretion, moBubble may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms of Service, in addition to any liquidated damages under clause (d), you agree to pay moBubble one hundred dollars ($100) for each and every Item you post in violation of these Terms of Service. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of these Terms of Service) agrees to pay moBubble an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms of Service.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms of Service without moBubble's express written permission, you agree to pay moBubble three thousand dollars ($3,000) for each day on which you engage in such conduct.
g. If you circumvent or subvert moBubble and deprive moBubble of its 5% rake by using moBubble to initiate contact with a Demander or Supplier you agree to pay ten (10) times the cost of the rake for each infraction (this is applicable for both the Demander and the Supplier).
Otherwise, you agree to pay moBubble's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, moBubble retains the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
HOLDS
To protect against the risk of liability, moBubble may at times request, and may continue to request, that PayPal hold Supplier funds based on certain factors, including, but not limited to, selling history, Supplier performance, riskiness of the listing, or for any other reason. PayPal has held, and will continue to hold, Supplier funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
BLOCKING IP ADDRESSES
In order to protect the integrity of the Website, moBubble reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
NOTICE
Except as explicitly stated otherwise, legal notices and other legal papers can be served on you by sending them to the email address you provide to moBubble during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to any addresses you have provided to us.
COMBINATIONS
moBubble also has the right to suggest new Supplies and Demands for you, and help you discover new services you can offer, tap into new and useful products and services (both as a Demander and Supplier). We can only do this if we can collect user information. Thus, by using this Service you agree that moBubble can keep track of the combinations of Supplies and Demands you post. For instance, it might be that you are an Accounting Tutor and many Accounting Tutors can tutor math. Alternatively, people who Demand textbooks may also usually need school-related supplies. Further, you agree that we can notify others when your keywords match.
PATHS AND GAME MECHANICS
If you participate in Paths you consent to moBubble making any changes necessary to the Paths functionality or criteria, or eligibility for Paths. Also, if moBubble enacts game mechanics (rewards you can earn in the Application) you agree to use them. You also consent to receiving notifications (you can turn this function off within your moBubble Application).
1. Introduction
Questions. If you have any questions or concerns about our privacy policy, contact us at violation@mobubble.com.
Scope. This privacy policy covers the website www.mobubble.com and its Service. It does not, however, apply to entities that moBubble does not own or control, such as applications, Users, or websites using the Service. By using or accessing moBubble, you agree to our privacy practices outlined on this page.
No information from children under age 13. If you are under age 13, please do not attempt to register for moBubble or provide any personal information about yourself to us. If you believe that we might have any information from a child under age 13, please contact us at violation@mobubble.com.
Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices. Further, only those who may enter into legally binding contracts may use moBubble.
2. Information We Receive
Information you provide to us:
Information About Yourself. When you sign up for moBubble you are required to provide us with your username, email, and password. Additionally, you may be allowed to add a description about yourself and your real name. You will also be able to add a picture of yourself. In some cases we may ask for additional information for security reasons or to provide specific services to you. Once you register you can provide other information about yourself by connecting with other applications, such as Facebook. You can also provide personal information about yourself.
Content. One of the primary reasons people use moBubble is to share information with others. Examples include when you make a Demand, offer a Supply, send a message, make a transaction, match through keywords another user’s Demand or Supply, or fulfill a Demand. If you do not want us to store metadata associated with content you share on moBubble (such as photos), please remove the metadata before uploading the content.
Transactional Information. We may retain the details of transactions or payments you make on moBubble. MoBubble uses PayPal for the processing of transaction.
Contact Information. We may offer contact importer tools to help you upload your contacts’ addresses so that you can find your contacts on moBubble, and invite your contacts who do not have moBubble accounts to join.
Information we collect when you interact with moBubble:
Site activity information. We keep track of actions you take on moBubble, including, but not limited to, when you make a Demand, offer a Supply, send a message, make a transaction, match through keywords another user’s Demand or Supply, fulfill a Demand, or your phone moves locations. In some cases you are also taking an action when you provide information or content to us, we might log the fact that you shared it.
Access Device and Browser Information. When you access moBubble from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
Cookie Information. We may use "cookies" (small pieces of data we store for an extended period of time on your mobile phone or other device) to, among other things, make moBubble easier to use and to protect both you and moBubble. For example, we may use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to moBubble. We also use them to confirm that you are logged into moBubble, and to know when you are interacting with moBubble applications and websites, our widgets and hare This Listing buttons, and our advertisements. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use moBubble.
Information we receive from third parties:
moBubble. We might not own or operate the applications or websites that you use through moBubble . Whenever you connect with another application or website, we may receive information from them, including information about actions you take. In some cases, in order to personalize the process of connecting, we may receive a limited amount of information even before you connect with the application or website.
Information from other websites. We may institute programs with advertising partners and other websites in which they share information with us We may ask advertisers to tell us how our users responded to the ads we showed them (and for comparison purposes, how other users who didn’t see the ads acted on their site). This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see. We may receive information about whether or not you’ve seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads.
If in any of these cases we receive data that we do not already have, we will “anonymize” it within 180 days, meaning we will stop associating the information with any particular user.
Information from other users. We may collect information about you from other moBubble users, such as when you conduct a transaction with someone and/or receive a Rating.
3. Sharing information on moBubble.
This section explains how your information is shared on moBubble.
Name and Profile Picture. moBubble is designed to make it easy for you to find and connect with others. Your Username and profile picture do not have privacy settings. If you are uncomfortable with sharing your profile picture, you should delete it (or not add one).
GPS Tracking and Matching: Part of what makes moBubble a unique experience is being able to be notified when someone who has a Supply you Demanded or you have a Supply that can fulfill someone’s Demand within your bubble. In order to do this moBubble uses your phone’s GPS. By using moBubble you agree to have moBubble track you when you have made a Demand or offered a Supply and display this to other Users. If you want to keep other Users from seeing your approximate location delete all your Demands and Supplies. You also agree to be matched with Demanders and Suppliers based on certain keywords and GPS location.
Making Demands and Offering Supplies: When you use moBubble and post a Supply or make a Demand you must give a description of what you Demand or what you can Supply. Suppliers must also include a price. Other Users will be able to see your approximate GPS location and you can complete transactions using moBubble. transaction
4. Information You Share With Third Parties.
Connecting with an Application or Website. As mentioned above, we may not own or operate the applications or websites that can use moBubble or that can be connected to moBubble.
When you connect with an application or website it may have access to General Information about you. The term General Information includes your and your contacts’ names, profile pictures, gender, and Usernames, connections, and your description and any information in public areas, defined in the Public Areas Section of this Privacy Policy. We may also make information about the location of your computer or access device and your age available to applications and websites in order to, among other things, help them implement appropriate security measures and control the distribution of age-appropriate content. If the application or website wants to access any other data, it will have to ask for your permission.
You should always review the policies of third party applications and websites to make sure you are comfortable with the ways in which they use information you share with them. We do not guarantee that they will follow our rules. If you find an application or website that violates our rules, you should report the violation to us at violation@mobubble.com.
When your contacts use moBubble. If a contact of yours connects with an application or website, it may be able to access your name, profile picture, GPS location, username, and information you have shared. It may also be able to access your contacts. If you have already connected with (or have a separate account with) that website or application, it may also be able to connect you with your contacts on that application or website.
Pre-Approved Third-Party Websites and Applications. We occasionally need to provide General Information about you to pre-approved third party websites and applications that use the Service at the time you visit them (if you are still logged in to moBubble). Similarly, when one of your contacts visits a pre-approved website or application, it may receive General Information about you so you and your friend can be connected on that website as well (if you also have an account with that website). In these cases we may, but need not, require these websites and applications to go through an approval process, and to enter into separate agreements designed to protect your privacy.
Exporting Information. You (and those you make your information available to) may be able to use tools like RSS feeds, mobile phone address book applications, or copy and paste functions, to capture, export (and in some cases, import) information from moBubble, including your information and information about you. For example, if you share your phone number with your contacts, they may use third party applications to sync that information with the address book on their mobile phone.
Advertisements. Sometimes the advertisers who present ads on moBubble use technological methods to measure the effectiveness of their ads and to personalize advertising content. moBubble does not share personally identifiable information (meaning only your real name, exact location of your home address, and e-mail will not be shared, this is subject to the section titled Public Areas contained within this Privacy Policy) with advertisers or other entities unless we get your permission. However, although your exact home address location is considered personally identifiable information we reserve the right to collect, analyze and share information regarding the general location (no more precise than [an eighth of a mile radius]) in which your exact home address is with anyone, including but not limited to advertisers.
Links. When you click on links, or use PayPal for a transaction, on moBubble you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.
5. How We Use Your Information
To manage the service. We use the information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. We may use the information to prevent potentially illegal activities. We also may use a variety of technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
To contact you. We may contact you with service-related announcements from time to time.
To serve personalized advertising to you. We don’t share your personally identifiable information (your real name, exact location of your home address, and e-mail address, this is subject to the Public Areas section of this Privacy Policy) with advertisers, and other entities, without your consent. (An example of consent would be if you asked us to provide your shipping address to an advertiser to receive a free sample). We may allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences and/or the fact that you have entered into transactions, or have done so at certain locations) to select the appropriate audience for those advertisements. For example, we might use your demand for a soccer coach to show you ads for soccer equipment, but we do not tell the soccer equipment company who you are. Even though we do not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.
To serve social ads. We occasionally pair advertisements we serve with relevant information we have about you and your contacts to make advertisements more interesting and more tailored to you and your contacts, as well as any Demands you have or Services you can provide.
Ratings and Reviews. We will record and aggregate ratings and/or reviews that other users give and we may make those viewable by other Users. ). .
To make suggestions. We may use your information to make suggestions to you and other users on moBubble. For example, you are Demanding a plumber and a person is offering Plumbing Services as a Supply and they are within your bubble you will be notified. moBubble also has the right to suggest new Supplies and Demands for you, and help you discover new services you can offer and tap into new and useful products and services (both as a Demander and Supplier). We can only do this if we can collect user information. Thus, by using this Service you agree that moBubble can keep track of the combinations of Supplies and Demands you post. For instance, it might be that you are an Accounting Tutor and many Accounting Tutors can tutor math. Alternatively, people who Demand textbooks may also usually need school-related supplies. Further, you agree that we can notify others when your keywords match.
6. How We Share Information
We may share your information with third parties when we believe the sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. For example:
When you make a payment. When you enter into transactions with others or make payments on moBubble, we will share transaction information with only those third parties necessary to complete the transaction, i.e. PayPal. We will require those third parties to agree to respect the privacy of your information.
When you invite a contact to join. When you ask us to invite a contact to join moBubble, we will send your contact a message on your behalf using your name. The invitation may also contain information about other users your contact might know. We may also send reminders to them in your name.
When you choose to share your information with marketers. You may choose to share information with marketers or electronic commerce providers that are not associated with moBubble through on-site offers. This is entirely at your discretion and we will not provide your personally identifiable information (real name, e-mail, and exact location of your home address, this is subject to the Public Areas section of this Privacy Policy) to these marketers without your consent.
To give search engines access to publicly available information. We may limit search engines’ access to our site. On the other hand, we may allow them to access information.
To help improve or promote our service. Sometimes we share aggregated information with third parties to help improve or promote our service. But we only do so in such a way that no individual user can be identified or linked to any specific action or information (the information we will not share without your permission is limited to your real name, e-mail address, and exact location of your home address, this is subject to the Public Areas section of this Privacy Policy).
To provide you with services. We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about moBubble, remove repetitive information from our user lists, process payments, or provide search results or links (including sponsored links). These service providers may have access to your personal information for use for a limited time, but when this occurs we may implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
To advertise our services. We may ask advertisers outside of moBubble to display ads promoting our services. We may ask them to deliver those ads based on the presence of a cookie, but in doing so will not share any other information with the advertiser.
To respond to legal requests and prevent harm. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may even include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service. This may include sharing information with other companies, lawyers, courts or other government entities.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate. In such a case, your information would remain subject to the promises made to you in any pre-existing Privacy Policy.
7. How You Can Change or Remove Information
Editing your profile. You may change or remove some of your profile information. you cannot delete reviews or ratings.
Delete contacts. If you add contacts, you can later delete contacts on your contacts page.
Deactivating your account. If you want to stop using your account you may simply delete the moBubble application from your device.
Limitations on removal. Even after you remove information from your profile or stop using your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed, or it was copied or stored by other users. However, your name may no longer be associated with that information on moBubble. Additionally, we may retain certain information to prevent identity theft and other misconduct even if you have stopped using your account. If you have given third party applications or websites access to your information, they may retain your information to the extent permitted under their terms of service or privacy policies. But they may no longer be able to access the information through our Platform after you disconnect from them.
Backup copies. Removed and deleted information may persist in backup copies indefinitely.
8. Your Information
Risks inherent in sharing information. We cannot control the actions of other users with whom you share your information, either on moBubble or in online or offline interactions with people you meet through moBubble. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on moBubble will not become publicly available. We are not responsible for third party circumvention of any security measures on moBubble. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Report Violations. You should report any security violations to us at violation@mobubble.com.
9. Public Areas
If any personally identifiable information is posted in a public area (including but not limited to, the about me section, pictures, or in a user review), you enter your real name as your Username, or you enter your real name into moBubble, thus making it public, that information is General Information. We are not responsible for monitoring the content of these public areas and we make no guarantees about keeping your information private, if it is made available in this manner.
10. Other Terms
Changes. We may change this Privacy Policy pursuant to the procedures outlined in the moBubble Terms of Service. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you by publication here.
Consent to Collection and Processing in the United States. By using moBubble, you consent to having your personal data transferred to and processed in the United States.
Defined Terms. "Us," "we," "our," "Service," “Demander,“ “Supplier,” “Rating,” “Contact” and "moBubble" mean the same as they do in the Terms of Service. “Information” and “content” are used more generally and interchangeably here than in the Terms of Service unless otherwise limited by the context.