By using the mobilessence.com web site (“Service”), all services of Canecom Ltd. (“Canecom”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Canecom provides a platform to enable you to develop and manage mobile applications as well as related content hosting services.
Canecom reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, sh be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:http://mobilessence.com.
Violation of any of the terms below will result in the termination of your Account. While Canecom prohibits such conduct and Content on the Service, you understand and agree that Canecom cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
If you use the Service to develop an application for the platforms and operating systems for the mobile devices of Apple And Google, then you must enter into a separate agreement with Apple and/or Google directly in this regard to become an Apple or Google application developer and you and not Canecom will be the publisher of your Applications for those platform’s mobile devices.
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made. Years apply for annual accounts.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Canecom will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Invoiced payments are due upon receipt.
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to firstname.lastname@example.org or must be done in the appropriate function in the administration interface. Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Canecom, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Canecom service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Canecom reserves the right to refuse service to anyone for any reason at any time.
Canecom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Canecom shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Canecom may issue an update to the Mobile Essence application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Canecom will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Mobile Essence service to create your mobile application, you agree to allow the application users to view and share your Content from your application.
Canecom does not pre-screen Content, but Canecom and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2011 by Canecom Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission from Canecom.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only available via email or contact form. The technical support email address is email@example.com.
You authorize the Company to use, reuse your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
You understand that Canecom uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Canecom service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Canecom.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Canecom customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature. Canecom does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Canecom shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Canecom has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Canecom to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Canecom and govern your use of the Service, superseding any prior agreements between you and Canecom (including, but not limited to, any prior versions of the Terms of Service). In no event shall Canecom liability to you exceed the amount actually paid to Canecom by you during the preceding 12 months.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.