Updated January 25th, 2016
End User License Agreement
The use of the MUMO App is governed by the following end user license agreement. By downloading and using the mobile app, you acknowledge that this end user license agreement is between you and MUMO, not Apple, and that MUMO, not Apple, is solely responsible for the App.
Scope of License:
MUMO reserves the right, at any time, to modify, suspend, or discontinue the MUMO Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that MUMO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the MUMO Services or the App or any part thereof.
The App provided to you is licensed to you and not sold. MUMO (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the MUMO Services and the App. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the App. The MUMO name, logo, and the product names associated with the MUMO Service belong to MUMO, Inc. (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. MUMO (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Registration and Privacy
You are solely responsible for maintaining the confidentiality of your password. You must notify us immediately of any unauthorized use of your Account Information or the Application.
Use and Restrictions
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, "look and feel" and arrangement of the content available on the Application (collectively, "Application Content") is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may not use the Application for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment. By way of example, but without limitation, while using the Application you may not: (a) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (b) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application; (d) “frame” or “mirror” any portion of the Application; (e) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Application; (f) harvest or collect information about or from other users of the Application; (g) use the Application for any illegal activity; (h) probe, scan or test the vulnerability of the Application, nor breach the security or authentication measures on the Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application; (i) access or use any portion of the Application Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Application Content to any direct or indirect competitor of the Company; (j) use or distribute any Application Content to directly or indirectly create or contribute to the development of any database or product; (k) facilitate or encourage any violations of this Section;(l) post violent, nude,partially nude, discriminatory, unlawful, hateful, infringing, pornographic or sexually suggestive photos or other content via the App, or (m) defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities; or (n) post private or confidential information in the App, including, without limitation,your or any other person’s social security or other national identity numbers, credit card information, non-public phone numbers, or non-public email addresses.
Links to Other Sites
The Application contains links to other independent third-party web sites and applications (in all cases "Linked Sites"). These Linked Sites are provided solely as a convenience so that you can take advantage of additional services and features that are compatible with our services. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Application. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
ALTHOUGH WE MAKE EFFORTS TO PROVIDE AN ACCURATE APPLICATION, THE APPLICATION AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". THE COMPANY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION AND ANY INFORMATION OR DATA WE PROVIDE TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THAT ACCESS TO OR USE OF THE APPLICATION OR APPLICATION CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND (5) THAT INFORMATION THAT WE COLLECT AND STORE ABOUT YOU AND YOUR USE OF THE APPLICATION WILL BE ABLE TO BE REPRODUCED OR PROVIDED TO YOU AT ANY LATER DATE. ANY RELIANCE UPON THE APPLICATION IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL INFORMATION YOU STORE WITHIN THE APPLICATION, AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA.
Your reliance upon the Application and your interactions with third parties through the Application is SOLELY AT YOUR OWN RISK. The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, or any portion thereof; and (2) to interrupt the operation of the Application, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.
Limitations of Liability
Binding Bilateral Arbitration and Applicable Law (Continued from Section titled "Binding Arbitration" above)
Intellectual Property Rights
The design of the App, along with MUMO created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MUMO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MUMO reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission. COPPA Compliance MUMO and its Services may only be used by persons 13 years or older. If you are under 13 please stop using our App, and do not submit any information to us.
Term and Termination
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about MUMO must be addressed to our agent for notice and sent via certified mail to firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Questions? Contact us at email@example.com