TERMS AND CONDITIONS
RESTRICTIONS ON USE
The contents from the Website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of MOBOX EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates MOBOX intellectual property rights. The material in this Website is provided for lawful purposes only. If you download software from our Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by MOBOX. Neither title nor intellectual property rights are transferred to you, but remain with MOBOX, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The Website may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Unless specifically requested by MOBOX, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses or any other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of MOBOX, is objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of MOBOX, other users or third parties.
MOBOX does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MOBOX liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Website and agree to use the interactive areas at your own risk.
MONITORING AND ENFORCEMENT; TERMINATION
MOBOX has the right to:
- Remove, screen, edit, modify or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOBOX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOBOX OR LAW ENFORCEMENT AUTHORITIES.
LICENSE TO USER CONTENT
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to MOBOX that you grant herein. MOBOX claims no ownership or control over any User Content, except as otherwise provided herein, on the Website or in a separate agreement. However, by submitting or posting User Content on the Website, you grant MOBOX and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release MOBOX and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about MOBOX, the Website and our products and services (collectively, the “Ideas”). Ideas, whether posted to the Website or provided to MOBOX by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.
You hereby irrevocably assign and transfer to MOBOX all of your rights, title and interest, on a worldwide basis, including without limitation, all intellectual property rights and moral rights, in and to such Ideas. Accordingly, MOBOX shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent the preceding assignment and transfer is ineffective, you grant MOBOX an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, and create derivative works from any such Ideas submitted to MOBOX by you.
MOBOX will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future MOBOX operations. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. We may have already had the same or similar idea and we do not want disputes.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Ideas exist and are not exclusively owned by MOBOX, you agree not to enforce any such rights as to us or our licensees, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent as set forth below.
MOBOX Storage, Inc. #1 Adams Place
Victoria, BC V9B 6P6
Toll free: (800) 796-3901
Fax: (250) 474-4755
LIMITATION OF LIABILITY
MOBOX will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. MOBOX will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or MOBOX or an authorized MOBOX representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. MOBOX total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to MOBOX to access this Website, which in all cases should be $0.
The material in the Website could include technical inaccuracies or typographical errors. MOBOX may make changes or improvements at any time. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MOBOX DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBOX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOBOX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Website contains downloadable materials as well as links to external sites. MOBOX is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that MOBOX cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
MOBOX is an equal opportunity employer committed to a diverse workforce. MOBOX franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Solicited applications are active for 180 days, after which you must reapply.
The Website may link to sites not maintained or related to MOBOX. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Website or MOBOX. MOBOX has not reviewed any or all of the sites hyper-linked to or from this web site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk, and MOBOX makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Website. Further, MOBOX does not implicitly endorse third-party sites hyper-linked to the Website.