END USER LICENSE AGREEMENT FOR PLATINUMCLUBNET
This is a legally binding end user license agreement (“EULA”) between you (“You”) and MobiCom Platinum Partners Inc., a Delaware corporation located at 6010 West Spring Creek Parkway, Plano, Texas 75024 (“MobiCom” or “Us” or “We”) governing your use of the PlatinumClubNet app licensed by MobiCom.
PLEASE READ IT CAREFULLY. BY CLICKING “I AGREE,” OR INSTALLING THE PLATINUMCLUBNET APP AND/OR ANY UPDATES FROM AN APP STORE OR BY STREAMING ITS CONTENT FROM ANY WEB PORTAL OWNED BY MOBICOM (COLLECTIVELY, THE “MOBICOM PLATINUMCLUBNET SOFTWARE”), YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
Please note that any reference made to an “App Store” shall mean Google Play, Apple App Store or any other online store from which you have downloaded the MobiCom PlatinumClubNet Software.
The MobiCom PlatinumClubNet Software, which allows you to connect to the PlatinumClubNet ecosystem, may be used by members of clubs, clubs, brands, corporates and their employees. By downloading or streaming the MobiCom PlatinumClubNet Software you undertake that you i) have obtained permission from your club/brand/corporate to use the MobiCom PlatinumClubNet Software; or ii) are authorised to agree to the terms and enter into this EULA on behalf of your club/brand/corporate.
You may not view, access or use the MobiCom PlatinumClubNet Software in any manner whatsoever if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with MobiCom, or (c) are prohibited from accessing or using the MobiCom PlatinumClubNet Software or any of its contents, goods or services by applicable law. If you are a minor i.e. below the age wherein you can form a legally binding contract under applicable law, you may use the MobiCom PlatinumClubNet Software only with the involvement of a parent or guardian and take full responsibility for compliance with the terms and conditions of this license.
This End User License Agreement was last updated on April 1, 2021. It is effective between you and MobiCom as of the date you first download, install or use the MobiCom PlatinumClubNet Software, whichever is earliest.
The MobiCom PlatinumClubNet Software is protected by applicable to intellectual property laws. MobiCom retains all title and ownership in the MobiCom PlatinumClubNet Software.
This is a limited, non-exclusive, revocable, non-transferable license to install, use, access, display and run the MobiCom PlatinumClubNet Software on any mobile device that you own or control, subject to the terms and conditions herein. The MobiCom PlatinumClubNet Software, is licensed, not sold, to you by MobiCom and we reserve all rights not expressly granted to you. You own the media or device on which the MobiCom PlatinumClubNet Software is recorded or stored but MobiCom and its licensors (if any) retains ownership of the MobiCom PlatinumClubNet Software itself.
2. GENERAL TERMS:
3. PERMITTED LICENSE USES AND RESTRICTIONS
4. TERMS REQUIRED BY APPLE INC
If you are using the MobiCom PlatinumClubNet Software on an Apple device, you agree and accept the following:
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the MobiCom PlatinumClubNet Software, and all related documents and underlying technology anywhere in the world belong to us and that rights in the MobiCom PlatinumClubNet Software are licensed (not sold) to you, and that you have no rights in, or to, the MobiCom PlatinumClubNet Software other than the right to use each of them in accordance with the terms of this EULA.
Except to the extent permitted by licensing terms governing the use of any open-sourced components included with the MobiCom PlatinumClubNet Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the MobiCom PlatinumClubNet Software or MobiCom PlatinumClubNet Software updates/upgrades, or any part thereof. Any attempt to do so is a violation of the rights of MobiCom and/or its licensors. You acknowledge that you have no right to have access to the MobiCom PlatinumClubNet Software in source-code form. If you, directly or indirectly violate this restriction, you may be subject to prosecution and damages.
You will indemnify, defend and hold us harmless against any claim, demand, suit or proceeding made or brought against us by a third party alleging that any data that you upload into the MobiCom PlatinumClubNet Software, or your use of the MobiCom PlatinumClubNet Software and any services thereto infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against MobiCom”), and will indemnify us from any damages, fees (including attorney fees), expenses and costs finally awarded against us as a result of, or for any amounts paid by us under a court-approved settlement of, a Claim Against MobiCom.
You expressly acknowledge and agree that use of the MobiCom PlatinumClubNet Software is at your sole risk. To the maximum extent permitted by applicable law, the MobiCom PlatinumClubNet Software and any services performed or provided in relation thereto are provided "as is" and “as available,” with all faults and without warranty of any kind, and MobiCom hereby disclaims all warranties, guarantees and conditions with respect to the MobiCom PlatinumClubNet Software and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, or of accuracy. No oral or written information or advice given by MobiCom or its authorized representatives shall create a warranty. You may have additional consumer rights under the laws of your jurisdiction that MobiCom cannot change.
8. LIMITATION OF LIABILITY
To the extent permitted by applicable law, in no event shall MobiCom be liable for personal injury or any incidental, special, indirect or incidental, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the MobiCom PlatinumClubNet Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if you have been advised of the possibility of such damages. The limitation applies to anything related to the MobiCom PlatinumClubNet Software and/or any services, content etc., in relation to the MobiCom PlatinumClubNet Software, including on any third party sites or programs.
9. TERM AND TERMINATION
This EULA is effective until terminated by you or by us. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. We may terminate this EULA at any time without cause.
On termination for any reason:
Termination of this EULA shall not entitle you to any refund, credit, or other compensation from MobiCom under this agreement or any other agreement or from any third party.
10. OTHER IMPORTANT TERMS