General Terms & Conditions

1. Acceptance of this Agreement

   By opening an account with Mobapool, you, the “customer”, are entering into an agreement with Brandpod Inc. doing business as “Mobapool”. The following General Terms and Conditions are those binding to that agreement. By using our website or subscribing to any of our software or programs, customers also are consenting to our Privacy Statement and consent to our collection, use and disclosure of customer’s personal information in accordance with the Privacy Statement.

2. Trademarks & Intellectual Property

   • All software, websites, trademarks, marks, designs, trade names, logos, copyright and other intellectual property (“intellectual property”) used by customers are the property of Brandpod Inc. Customer’s use of intellectual property is restricted to a non-exclusive license for customer’s account subscription and for personal use only in accordance with this Agreement and such other policies as Mobapool adapts from time-to-time(“limited license”). The use of such intellectual property otherwise is strictly prohibited unless prior consent is obtained in writing from Brandpod Inc., such consent may be unreasonably withheld.
   • For greater clarity, customer may not:
     • install or load the Software onto a server or other networked device or take other steps to make the intellectual property available elsewhere;
     • sub-license, assign, rent, lease, loan, transfer or copy intellectual property or customer’s limited license;
     • translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the intellectual property;
     • copy or translate any user documentation provided ‘online’ or in electronic format;
     • reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of any intellectual property;

3. Restricted or Closing Accounts

   • Account usernames shall meet such criteria as Mobapool establishes from time-to-time and Mobapool may require that a username be changed if in its sole and absolute discretion it determines that the user name is obscene, indecent or offensive or otherwise inappropriate.

4. Compliance with Laws

   • It is the customer's sole responsibility to ensure that customer’s participation in any games offered on the Mobapool website complies with all laws applicable in the customer’s province. Mobapool, its agents and its affiliates accept no liability for any losses, damages, costs, lawsuits, proceedings, or legal consequences that customer may incur because of customer’s participation in any programs on the Mobapool website.
   • Members represent and warrant that their use of Mobapool is solely for personal entertainment and acknowledge that any activities outside the intended use are strictly prohibited. Any illegal or suspicious or criminal activities by members shall be reported to the relevant legal enforcement authorities.
   • All transactions may be reviewed to ensure compliance with relevant legislation.

5. Release of liability

   • Mobapool, its respective officers, directors, employees, agents, successors, assigns, licensors, suppliers, third-party information providers (“Releases”) shall not, in anyway, be responsible for any manner of actions, causes of actions, suits, damages, debts, dues, accounts, bonds, covenants, contracts, claims, demands, assessments, reassessments, and judgements of any manner whatsoever incurred by customer(“Claims”) with respect to:
     • Customer’s use of the program or website;
     • Customer’s inability to use the program or website;
     • Customer’s failure or malfunction of any software, program or website, communication, broadcast, etc.;
     • Customer’s reliance on any materials contained on this Web site; or
     • Any goods or services advertised or linked to this web site, even if Mobapool is aware of the possibility of such damages, acted negligently, or if the exclusive remedies stated herein fail in their essential purpose.
   • Customer further agrees to indemnify, defend, and hold harmless Releases from any Claims with respect to the foregoing.
   • Mobapool is not required to provide redundant or back up networks and/or systems.
   • To the fullest extent possible pursuant to applicable law, the site, all software, and the materials are provided on an “as is” and “as available” basis. Mobapool and its software providers expressly disclaim all warranties of any kind, whether express, implied, or statutory including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that this web site or the materials are completely error-free, will operate without interruption, are compatible with all equipment and software configurations, free of viruses, errors, or other harmful components, or will otherwise meet customer’s needs.
   • Customer acknowledges and agrees that computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that such problems will not materially affect our business, but do not guarantee that the site is immune to such problems. It is the customer's responsibility to protect customer from such problems. Steps customer may consider taking to mitigate the vulnerability of customer’s computer system include using firewalls, password protection, and anti-virus programs.
   • Any taxes, HST, GST, excise taxes or any other tax, fee, penalty, or interest charged by a government entity is the sole responsibility of the customer.

6. Amendments

   • Mobapool reserves the right to suspend, modify, remove, and/or add any service at its sole discretion with immediate effect and without notice and Mobapool will not be liable for any such action.
   • Mobapool may change, suspend, or discontinue any aspect of its services at any time, including the availability of any site features, broadcast, database, or content, where Mobapool has commercial or technical reasons to do so. Mobapool may also impose limits on certain features or services or restrict a member’s, or household’s, access to parts or the entire site for similar reasons.
   • By continuing to use Mobapool programming and website, customer agree that any such changes are reasonable and acceptable. If customer determine otherwise, customer may close customer account at any time and customer’s personal information will be handled in accordance with our privacy policies in place.

7. Privacy Policy

   By using these programs, customer has consented and agreed to Mobapool’s Privacy Policy published on Mobapool’s website, which forms a binding part of this Agreement.

8. Entire Agreement

   This is the entire agreement between the parties.

9. Waiver

   Neither party will be deemed to have waived the exercise of any right that it holds under this Agreement unless that waiver is made in writing.

10. Term

    This Agreement is effective from the moment of acceptance by clicking on the “I agree” button and shall remain in force indefinitely unless terminated in accordance with this Agreement.

11. Language/langue

    The English language version of this Agreement will prevail over any other language version.

    Vous avez choisi être servis en anglais et la version anglaise de ce document se prévaudra.

12. Severability

    Each provision of this Agreement is distinct and severable. If any provision of this Agreement, in whole or in part, is or becomes illegal, invalid, or unenforceable in any jurisdiction by a court of competent jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect:

    • the legality, validity, or enforceability of the remaining provisions of this Agreement; or
    • the legality, validity, or enforceability of that provision in any other jurisdiction.

13. Notices

    Customer agrees to receive communications from us in an electronic form at the email address provided. Such address may be changed by making necessary modifications in customer account. All notice to Mobapool may be sent in writing to Brandpod Inc. o/a Mobapool, 585 Lakeside Dr, ON, N0R 1G0, Canada.