Terms of Use

Moblastic Corp. ("Moblastic") welcomes you! By accessing or using the Moblastic.com website or any of its services (the Moblastic.com website and its services are collectively the "Service"), you agree to be bound by the following terms and conditions ("Terms of Use") whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members, or use the Service, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

The Terms of Use sets out the legally binding terms for your use of and Membership in the Service. Moblastic may modify the Terms of Use from time to time and such modification shall be effective upon posting by Moblastic on the Moblastic.com website. You agree to be bound by any changes to the Terms of Use when you use the Service after any such modification is posted. The Terms of Use includes Moblastic's policy for acceptable use and content posted on the Service, your rights, your obligations, restrictions regarding your use of the Service, and Moblastic's Privacy Policy.

Please choose carefully the information, including but not limited to photographs, location information, text and messages, you post on the Service and the information, including but not limited to photographs, location information, text and messages, you provide to other Members. Your Moblastic profile may not include any photographs posted by you that contain nudity, violence, or offensive subject matter. Information provided by other Moblastic Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services, and Moblastic assumes no responsibility or liability for this material.

1. Eligibility.

Membership in the Service is void where prohibited. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older, that your use of the Service shall not violate any applicable law or regulation, and that you are affiliated with your stated educational institution. If it is found that you are misrepresenting your age, or if Moblastic has reasonable grounds to suspect you have misrepresented your age, Moblastic has the right to delete your Profile without warning, disable or terminate your Membership, and refuse any and all current or future use of the Service. Your Membership is solely for your personal, non commercial use, and you shall not authorize others to use your account, including your profile, email address or mobile phone number. You are solely responsible for any and all Content, including but not limited to any and all photographs, text, captions, messages, information or other materials, published or displayed through your account and for any and all of your communications and interactions with other Members.

2. Term.

This Terms of Use shall remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason, by emailing us at . Moblastic may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Moblastic. Even after your Membership is terminated, the Terms of Use will remain in effect.

Moblastic's Terms of Use that were provided to you at registration may change from time to time. We reserve the right to restrict, limit and/or change the access of Members to certain portions of the Service. Among other limitations, we may limit the number of photos uploaded, bandwidth used, mobile messages sent and/or received, and the archival or storage of Content. After a period of inactivity, we also reserve the right to disable or terminate a Member's account. If an account has been disabled or terminated for inactivity and you are no longer in possession of the email address or mobile phone number associated with that account, then the email address or mobile phone number associated with that account may be given to another user without notice to you or such other party

3. Availability.

Moblastic makes reasonable endeavors to ensure that the Service is available. However, there will be occasions when the Service will be interrupted or unavailable for maintenance, upgrades and emergency repairs, or due to the failure of telecommunications links, equipment or mobile phone networks that are beyond Moblastic's control. Moblastic will take reasonable steps to minimize the disruptions that are within the reasonable control of Moblastic. You agree that Moblastic shall not be liable to you for any modification, suspension, disruption or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.

4. Non Commercial Use by Members.

The Service is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Moblastic. Illegal and/or unauthorized use of the Service, including collecting Member names, email addresses, mobile phone numbers and/or location information by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to the Service, will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member Profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken by Moblastic for any illegal or unauthorized use of the Service.

5. Member Responsibility for Content Posted On or Sent Through the Service.

Any and all photographs, location information, text, captions, messages, information or other materials ("Content"), posted on or through the Service are the sole responsibility of the person who posted, uploaded, transmitted, emailed, text messaged or otherwise made available via Moblastic and the Service. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Moblastic to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms of Use. For clarity, you retain all of your ownership rights in your Content. However, by submitting your Content to Moblastic, you hereby grant Moblastic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Moblastic's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form, medium, or technology now known or later developed. You also hereby grant each Member and user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use. You may remove Content you have posted on the Service at any time. When you do remove your Content, the license described above for that Content will automatically expire.

Although we maintain the right to review, edit and remove Content from the Service in our sole discretion at any time, we do not control the Content that is uploaded to the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you find offensive, indecent or objectionable. Under no circumstances will Moblastic be liable in any way for any Content, including but not limited to the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Moblastic and the Service.

6. Prohibited Content.

Our goal is to promote the free-flowing exchange of expression relating to Members' interests and activities while maintaining high standards of respect and decency. In order to attain this goal, the following Content is prohibited on the Service:

We may examine any Content submitted to the Service at any time and we maintain the absolute right (but not the obligation) to remove Content or to assign Content a privacy option of "Nobody" can see your Content for any reason or no reason, at any time, with or without notice.

7. Your Use of Moblastic Content.

In addition to posting your own Content on the Service, you can also enjoy the Content posted by other Members. However, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the Content on the Moblastic site in whole or in part outside of the specific usage rights granted to you from within the Moblastic Community.

You agree to use the Service only for its intended, lawful purposes and in accordance with all applicable laws. You agree not to use the Service in any manner that interferes with its normal operation or with any other user's use and enjoyment thereof. You further agree that you will not access the Service by any means except through the interface provided by Moblastic and that you will not access the Service from any territory where its contents are illegal.

8. Trademarks, Names and Logos.

All trademarks, names and logos used on the Service, or delivered via the Service are owned by Moblastic (unless otherwise stated). Your use of the Service does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in the Moblastic.com website. No license is expressly or impliedly granted within or as a result of your use of the Service. Without Moblastic's prior permission, you agree not to display or use in any manner, the Moblastic trademarks, names and logos.

9. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Moblastic to terminate Membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Moblastic by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Moblastic's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Moblastic Corp., 619 Fifth Avenue West, Suite 301, Seattle, WA 98119.

10. Advertisements.

As consideration for using the Service, you agree and understand that Moblastic may display ads and other information adjacent to and related to the Content posted, uploaded, displayed or transmitted from your use of the Service, including to and/or from your mobile phone. We may serve ads using a completely automated process that does not require humans to access the Content or other information without your consent. We will not provide Content or other personally identifiable information to advertisers as part of the Service without your prior consent.

11. Member Disputes.

You are solely responsible for your interactions with other Members. Moblastic Corp. reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy.

Use of the Service is also governed by our Privacy Policy.

13. Sending and Receiving Mobile Messages.

If you send or receive any messages, including but not limited to text messages, MMS messages or Content (collectively "mobile messages"), to and/or from your mobile phone by using the Service, you agree that you are voluntarily opting to send or receive these mobile messages and that you have the option to use the Service without sending or receiving mobile messages. Moblastic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, of any user or Member communication, message or Content sent from or received on any mobile phone. Your wireless service provider may charge you for mobile messages you send or receive on your mobile phone. Please consult your wireless service provider regarding their pricing plans for mobile messages prior to using the Service. You will assume full responsibility for any and all charges (usage, subscription, etc.) from your wireless service provider as a result of using the Service.

14. No Spam.

The sender of any message deemed to be spam, junk mail, marketing or "mail bombing" to any other Member or user will be liable for at least $100 for each Member or user who receives each unauthorized message, whether commercial (promoting services of a commercial entity) or non-commercial. The sender must pay all fees owed to Moblastic within thirty (30) days of such transmission.

15. Disclaimers.

Moblastic is not responsible for the conduct, whether online or offline, of any user or Member of the Service. Moblastic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication, message or Content. Moblastic is not responsible for any problems or technical malfunction of any telephone or mobile phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or mobile messages due to technical problems or traffic congestion on the Internet or at any website or any mobile phone network or combination thereof, including any injury or damage to users and/or Members or to any person's computer or mobile phone related to or resulting from participation or downloading materials in connection with the website and/or in connection with the Service. Under no circumstances will Moblastic be liable in any way for any Content, including but not limited to the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, uploaded or otherwise made available via Moblastic and the Service. Under no circumstances shall Moblastic be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any Content posted on the Service or transmitted to Members, or any interactions between users or Members of the Service, whether online or offline. The Service is provided "AS-IS" and Moblastic expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Moblastic cannot guarantee and does not promise any specific results from use of the Service.

16. Disclaimer of Warranty and Limitation of Liability.

THE SERVICE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBLASTIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO MOBLASTIC, AND THE DOWNLOAD OR UPLOAD OR USAGE OF ANY MATERIAL OR CONTENT THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE PHONE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OR USAGE OF ANY MATERIAL OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, MOBLASTIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/ OR PUNITIVE DAMAGES RESULTING FROM THE USE, MISUSE OF, RELIANCE ON, INABILITY TO USE, OR PROVISION OF THE SERVICE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF MOBLASTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOBLASTIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOBLASTIC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

17. Disputes.

If there is any dispute about or involving the Service, by using the Service, you agree that any dispute shall be governed by the laws of the State of Washington without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Washington, City of Seattle.

18. Indemnity.

You agree to indemnify and hold Moblastic, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of the Terms of Use and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth above.

19. Other.

The Terms of Use is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. The Terms of Use constitutes the entire Terms of Use between you and Moblastic regarding the use of the Service. The failure of Moblastic to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Please contact us via email at with any questions regarding the Terms of Use. Moblastic is a trademark of Moblastic Corp.

I HAVE READ AND UNDERSTOOD THIS TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.