Broad Overview

We would like you to use our service responsibly.
Please do not post any content which may be illegal or otherwise inappropriate and make sure you have the required rights to any content which is part of your projects.
As part of the continuous improvement of our service, the output of your projects may differ from previously generated output based on changes made to the service.
The service is intended primarily as a prototyping tool and is not intended to host production websites or data, if however you choose to do so, you realise the security risks and need to take the appropriate security precautions to ensure your own safety and that of your visitors.
The output of the service may be different based on the browser being used to access the service. All functionality may not be available on all browsers.
Paid plans are automatically renewed unless deactivated, we do not offer refunds for the unused duration of the plan.
We may change the service and terms of service from time to time and it is your responsibility to check these in order to be aware of the latest terms.

Terms of Service:

The following terms and conditions govern all use of the mobjectify.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Miavy Systems. (“Miavy”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Miavy's Privacy Policy) and procedures that may be published from time to time on this Site by Miavy (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Miavy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your mobjectify.com Account and Projects.

If you create a project on the Website, you are responsible for maintaining the security of your account and project, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the project.

The output of your project may be served from a domain or subdomain serving several projects, as such you accept responsibility for taking the appropriate security precautions for your data and visitors accessing your project.

As part of improvements made to the service, such as addition, removal or modification of features or functionality provided to you by the website, it may be possible that the output of your projects may differ from previous or future output for the same content.

The output of the service may be browser dependent and features and functionality available to users may differ based on the browser being used to access the service

You acknowledge that there may be interruptions to the service and the service may suffer periodic downtime and Miavy does not assure interruption free uptime for any of its services.

You must not describe or assign keywords to your project in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Miavy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Miavy liability.

You must immediately notify Miavy of any unauthorized uses of your project, your account or any other breaches of security. Miavy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you create a project, modify a project, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

By submitting Content to Miavy for inclusion in your project, you grant Miavy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of maintaining, displaying, distributing and promoting your project. If you delete Content, Miavy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and the content may persist in data backups maintained by Miavy.

Without limiting any of those representations or warranties, Miavy has the right (though not the obligation) to, in Miavy’s sole discretion

  1. monitor usage of the service and any content that may be submitted by users,
  2. refuse or remove any content that, in Miavy’s reasonable opinion, violates any Miavy policy or is in any way harmful or objectionable, or
  3. terminate or deny access to and use of the Website to any individual or entity for any reason, in Miavy’s sole discretion.

Payment and Renewal.

Responsibility of Website Visitors.

Miavy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Miavy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Miavy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mobjectify.com links, and that link to mobjectify.com. Miavy does not have any control over those non-mobjectify websites and webpages, and is not responsible for their contents or their use. By linking to a non-mobjectify website or webpage, Miavy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Miavy disclaims any responsibility for any harm resulting from your use of non-mobjectify websites and webpages.

Copyright Infringement and DMCA Policy.

As Miavy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mobjectify.com violates your copyright, you are encouraged to notify Miavy. Miavy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Miavy will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Miavy or others. In the case of such termination, Miavy will have no obligation to provide a refund of any amounts previously paid to Miavy.

Intellectual Property.

This Agreement does not transfer from Miavy to you any Miavy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Miavy.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Miavy or third-party trademarks.

Advertisements.

Miavy reserves the right to display advertisements on your project in case you have been offered an account under a free plan.

Changes.

Miavy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.

Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Miavy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Miavy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mobjectify.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. Miavy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Miavy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Miavy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
  1. any special, incidental or consequential damages;
  2. the cost of procurement or substitute products or services;
  3. for interruption of use or loss or corruption of data; or
  4. for any amounts that exceed the fees paid by you to Miavy under this agreement during the twelve (12) month period prior to the cause of action.
Miavy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that
  1. your use of the Website will be in strict accordance with the Miavy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
  2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Miavy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Miavy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Miavy, or by the posting by Miavy of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Miavy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last modified on 5th Sep 2011

The above terms and conditions are based on Automattic's TOS for Wordpress. Feel free to replace all references to us with ones to yourself and modify for use under the Creative Commons Share Alike License