Under the Terms, MobileBits offers users the ability to (i) use the Site; (ii) use the Applications; (iii) download and/or purchase content and virtual currency; (iv) participate in forums and chats; and (v) provide feedback to MobileBits. By using the Site and/or the Applications, you agree to be bound by these Terms, which include but are not limited to, a limit on and exclusion of damages and remedies available to you, and the selection of German law over any disputes arising between you and MobileBits. You may scroll down to review all of the Terms, or you may print these Terms as enabled by your browser. If you do not agree to the Terms, do not use the Site and/or MobileBits’ Applications.
General Notices 1. Ownership.The Site and Applications are the exclusive property of MobileBits and/or its suppliers. All rights not granted herein are reserved by MobileBits.
2. Grant of License and Restrictions. In accordance with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site and Applications only for the purposes of entertainment, downloading and/or purchasing content (including, but not limited to, coins, chips, or other virtual currency, referred to as “Virtual Currency” in these Terms, and in-Application virtual content), accessing information and Applications, and posting, uploading and distributing content to and through the Site in accordance with these Terms. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. You may NOT (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to damage, over-burden or impair the Site or any Applications or interfere with any other party’s use of the Site or any Applications; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site; (e) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Application; or (f) access the Site by any means other than through the interface that is provided by us. You hereby acknowledge and agree that you have no property interest in any account, credits, characters, coin or any virtual in-game items or other materials appearing on or generated by the Site or an Application.
3. Applications; Conduct. From time to time, we may offer you the ability to use our mobile applications, our online applications and certain applications on the Site (collectively, "Applications"). For example, we may provide periodic newsletters, mobile and on-line games, forums, chat areas, bulletin boards, or e-mail functions. We may also award Virtual Currency in connection with promotions or in-Application activities. By purchasing or otherwise acquiring MobileBits’s Virtual Currency or the Virtual Currency of a specigic game, you obtain a limited license to access and select from content that we expressly make available as part of the Applications. MobileBits grants you a limited license to use the Site, the Applications and the Virtual Currency, and to submit Materials (as defined below), provided that such license shall be conditioned upon your proper conduct, as judged by MobileBits in its sole discretion and judgment.
Creating a user name, screen name or label, or uploading to, distributing through or otherwise publish through the Site or Applications, any Materials (as defined below) which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. Uploading Materials or creating a user name, screen name or labeling Materials that contain expressions of hatred, bigotry, racism or pornography or be otherwise objectionable. Uploading Materials, or using a user name, screen name and labeling of Materials that disparage in any manner MobileBits, the Applications or the Site. Uploading Materials that infringe the copyrights, trademarks or other intellectual property rights of MobileBits or any third party. Uploading or sharing Materials that are commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become members of any commercial online web site or other commercial organization through the Site or through the Applications is expressly prohibited. Uploading or sharing Materials that contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or Applications, or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Using or communicating exploits to gain an unfair advantage in the Applications. Posting or communicating personal information of other users using the Site or Applications. Using, developing or distributing “auto” software, “macro” software or other “cheat utility” software or applications. Attempting to get password, account information or other private or personal information from another user or from MobileBits. You will obey all federal, state and local laws, regulations and rules that apply to your activities when you access the Site or use the Applications. Where the Applications utilize the account management of a social networking web site (such as Facebook) or a third-party payment provider, you are responsible for maintaining the confidentiality of your applicable web site passwords and account information; you are entirely responsible for all activities that occur under such accounts.
By subscribing to our newsletters, you understand that you may receive periodic information, by e-mail, regarding current and future Applications offered on or through Site. You may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Site or to or via the Applications ("Materials") are the sole responsibility of the person from whom the Materials originated. “Materials” also includes, but is not limited to, user-created levels or user-created beats and/or songs and related visual representation, which are submitted by you or other users. This means you and other users, not MobileBits, are entirely responsible for the Materials you transmit to or through the Site or through Applications. Further, you understand that by using the Site or the Applications, you may be exposed to Materials that are offensive, objectionable or indecent.
4. License to MobileBits of non-personal materials. If you choose to submit non-personal Materials to MobileBits, you agree that by submitting Materials you grant to MobileBits (and its subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with MobileBits’ authority) an unrestricted absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Application and in any of MobileBits’ advertising and promotional materials (Materials combined with any work created by MobileBits or another user are known as “Works”). The license you grant to MobileBits allows MobileBits to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to you attribution or compensation of any kind to you or any third party, and to grant a sublicense to a third party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials you waive all rights to, release MobileBits from, and shall neither sue nor bring any proceeding against MobileBits for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called "moral rights" in the Materials have been waived. You also agree that MobileBits is not obligated to utilize the Materials, and understand that MobileBits may or may not use the Materials in Works. MobileBits will never give personal data such as real names oder email-adresses to third parties without a direct approval of the user (e.g. by pressing another „grant access“ button“).
5. Use and Monitoring; No Endorsement. You may use the Site and Applications only for their intended purposes. While MobileBits has no obligation to monitor the Site or Applications and is not responsible for the content of any Materials or other messages, information or files transmitted on the Site or through the Applications, MobileBits reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or other messages, information or files which MobileBits, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the Applications or the Site to anyone at any time. You are hereby notified that your use of the Site and/or the Applications constitutes consent to such actions, monitoring and auditing. MobileBits does not endorse any communications made by others through the Applications or any other communications on the Site.
6. Copyrights and Trademarks. The Site and the Applications are protected by intellectual property laws and you agree to respect them.
7.Submitting Feedback. In exchange for enabling any feedback, data, questions, comments, suggestions or the like ("Feedback") to the Site or Applications (collectively "User Content"), you automatically grant (or warrant that the owner of such rights has expressly granted) MobileBits a perpetual, complete, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to sublicense, use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content, or any portion thereof, or incorporate such User Content, or any portion thereof, into any form, media or technology now known or later developed throughout the world without any notice, attribution or compensation of any kind to you or any third party. MobileBits shall have the right to further sublicense these rights to third parties. You warrant that all so-called "moral rights" in the User Content have been waived.
To the extent User Content is accessible, visible or usable by other users, you also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such User Content, or any portion thereof, on the Site or in the Applications without any notice, attribution or compensation of any kind to you or any third party. You acknowledge that your chats, postings and other communications with other users or with us are public and not private communications and that you have no expectation of privacy concerning your use of these communication features of the Site.
8. Pricing of, Purchasing and Availability of Virtual Currency. Currently, Virtual Currency is available for purchase through some of MobileBits Applications or content. MobileBits’s Virtual Currency has no monetary value and does not constitute currency or property of any type. Our Virtual Currency may be redeemed for MobileBits content only. MobileBits’s Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the in-Application content. Our Virtual Currency is non-refundable and not returnable. You are not entitled to a refund for any unused Virtual Currency.
The price payable by you is the price indicated on the applicable website for the Application or in the Application itself. When you purchase our Virtual Currency, you agree to pay taxes that we assess on your purchase. If you are resident in Europe, the price includes any applicable VAT. We reserve the right to change the price and specifications shown in relation to any Application. If the price or specification published on the applicable website for the Application or in the Application itself is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
You may pay for Virtual Currency either by credit card or by using the services of any alternate billing and payment provider (such as iTunes, PayPal, Trialpay, Paymo and PayByCash) identified on the applicable website or in the applicable Application. If you pay for Virtual Currency by credit card, then you must supply your credit card details when you place your order. We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms and conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs associated with accessing the MobileBits Applications depends on your internet service provider and/or wireless carrier. Please see your provider's terms and conditions.
MobileBits Virtual Currency may only be held by legal residents of countries where access to and use of the MobileBits Applications is permitted. MobileBits Virtual Currency may be purchased or acquired only from MobileBits through means we provide on the applicable website(s) or applicable Applications or otherwise expressly authorize. We reserve the right to refuse your request(s) to purchase and/or acquire Virtual Currency, and we reserve the right to limit or block any request to purchase and/or acquire MobileBits Virtual Currency for any reason.
9. Using Virtual Currency. Subject to these Terms, you may redeem MobileBits Virtual Currency for select MobileBits Applications and/or related content. We do not guarantee that any particular item offered as part of any Application will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update the content contained in Applications without notice to you. If you have not used your Virtual Currency for twelve (12) months or more and your account has a Virtual Currency balance, your Virtual Currency shall expire, and your account may be cancelled for non-use. Once you have redeemed your Virtual Currency for MobileBits Applications or related content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
10. Use Charges.Neither MobileBits nor any of its affiliates shall have any liability to you for use charges related to any device or service that you use to access the Site or use MobileBits’ Applications, including, without limitation, usage charges for mobile telephones, smart phone devices, Internet service providers, car navigation systems, pagers, smart phones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
11. Agreement to Conduct Transactions. Electronically. You agree that all of your transactions with or through the Site and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing."
In short we do the following: - We will never give out your name, phone number, address, email & messages or other personal data to third parties unless you explicitly say you want this. - We are using third party sevices (such as Google Analytics or others) to optimize the user experience and the free2play business model. Non-personal or aggregated data is being used by these third parties to make statistics or other results to give us insight how to improve our services. You agree that we can do this by using MobileBits services. - We are using third party services (e.g. Admob from Google) to display ads in our services. These companies use non-personal information to display the best ads for you. By using the services you agree to this. https://www.google.com/adsense/support/bin/answer.py?answer=100557
This app is supported by ads from Microsoft Advertising. Learn more about Microsoft's privacy practices and your choices. Learn more link: https://choice.microsoft.com/AdvertisementChoice/
13. Suspension, Termination or Cancellation. MobileBits may suspend, cancel or terminate your registration; cancel or suspend your access to Virtual Currency; block your use of the Site or an Application, or direct you to cease using the Site or an Application, if we believe in good faith that you or a related person has breached or may breach these Terms or if you use the Site or the Applications to engage in illegal activity. Also accounts may not be shared and may not be used from more than 5 different devices. You have the right to cancel your registration or your subscription to our newsletter at any time, and such cancellations will not affect your social networking web site account(s) or third party payment provider account(s). You agree that MobileBits may stop making Virtual Currency and the Applications available, at any time, without any liability to you. If we stop supporting the Virtual Currency, we will provide at least sixty (60) days advance notice to you by posting a notice on Mobilebits.de
14. Your Representations and Warranties. You represent and warrant for the benefit of MobileBits, its affiliates and any third parties mentioned on the Site or in the Applications that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site or the Applications is true and accurate; (c) you will not use the Site or any Application for any purpose that is unlawful or prohibited by these Terms; (d) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site; and (e) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site.
15. No Warranties; "As Is."THE SITE, APPLICATIONS, VIRTUAL CURRENCY, CONTENT AND PRODUCTS OFFERED AT THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MOBILEBITS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. MOBILEBITS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Dangerous Activities. MOBILEBITS DOES NOT RECOMMEND USE OF ITS GAMES, APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE THERE EXISTS A SIGNIFICANT RISK OF ACCIDENT. YOU AGREE NOT TO USE MOBILEBITS’ APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND MOBILEBITS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
17. Assumption of Risk. YOU ASSUME ALL RISKS THAT THE SITE AND APPLICATIONS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE SITE, MATERIALS AND APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THERE FROM. SIMILARLY, YOU AGREE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
18. Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOBILEBITS IS TO STOP USING THE SITE, APPLICATIONS AND SERVICES, AND TO CANCEL YOUR ACCOUNT (write an email to firstname.lastname@example.org). OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
19. Exclusive Remedies. You agree that your exclusive remedy for any breach of these Terms by us or any of our affiliates or agents shall be, at our option: (a) substitution or replacement of all or part of the Site, content or Application that gives rise to damages incurred by you in reasonable reliance on us; or (b) refund of any monies you have paid to MobileBIts. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
20. Linked Sites. Links may appear on the Site or in Applications that may be used to link to other web sites. These links are provided as a courtesy to our Site visitors and Application Users. MobileBits has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. MobileBits is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. MobileBIts reserves the right to terminate any link at any time.
21. Amendments; Complete Agreement. You agree that we may from time to time amend or add to these Terms ("Amendments"), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be posted on the Site and will be effective not less than ten (10) days after notice unless another time is specified by us. Your use of the Site after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and/or refrain from using the Site or MobileBits’ Applications after that date. These Terms and any Amendments, your registration and any consents provided by you, the disclosures provided by us on the Site and in conjunction with content delivered or accessible via a mobile device, constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties. No changes proposed by you or us will be effective unless and until they appear in these Terms or in the Amendments as posted by us on the Site. No other amendments will be valid unless they are in a paper writing signed by us and by you.
22. No Waiver of Contractual Rights. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms.
23. Severability.If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
24. Applicable Laws. MobileBits operates the Site from its offices in Hamburg and Hannover, Germany and makes no representations that materials in the Site or the Applications are appropriate or available for use in other locations. Access to the Site or Applications from any territory where the content is illegal is prohibited. If you choose to access the Site or use the Applications from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject MobileBits to any specific jurisdiction. You may not use or export any of the Site content or Applications in violation of German export laws and regulations. Any claim related to the use of the Site or the Applications shall be governed by, construed and enforced in accordance with the laws of Germany as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Applications or any other MobileBits content or services shall be brought in either the state or federal courts with jurisdiction in Hannover or Hamburg, Germany. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by German law.
25. General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site, Site content, or Applications should be addressed to MobileBits GmbH, Lerchenstrasse 28, 22767 Hamburg, Germany. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to MobileBits or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against MobileBits or any of its affiliates, officers, employees, agents or representatives, where notice to MobileBits is required by contract, or any federal, state or local laws, rules or regulations. If, but only if, applicable law requires that we accept e-mail notices, then you may send us e-mail notice at email@example.com. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check for changes. Instead, or in addition, we may give notice by sending e-mail to the e-mail address you provide during registration or otherwise. Notice shall be deemed given twenty-four (24) hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
26. Notice of Copyright Infringement. MobileBits respects the intellectual property rights of others and requests that you do the same. Anyone who believes that his, her or its work has been reproduced on the Site in a way that constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit MobileBits to locate the material; the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Copyright infringement claims and notices (but not other notices) should be sent to the attention of legal department, by any of the following means:
by mail: MobileBits GmbH, Hildesheimer Str. 35, 30169 Hannover, Germany
by e-mail: firstname.lastname@example.org
If MobileBits receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the "posting party") that the material has been removed. The posting party may then submit a counter-notification by sending an e-mail message to the Copyright Agent designated above explaining why the posting party believes that material is not infringing. To be effective, the counter notification should include:
a physical or electronic signature of the posting party; identification of the material that has been removed and the location where the material was located before it was removed; a statement under penalty of perjury that the posting party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the posting party's contact information, such as the address, telephone number and email address; and a statement that the posting party will consent to jurisdiction of the federal court for the district in which that address is located (or, if that address is in a foreign country, in the federal court for the Northern District of California), and that the posting party will accept service of process from the person who provided the notification described above or that person's agent. Upon receipt of a counter-notification complying with these requirements, MobileBits will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to the Copyright Agent designated above notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Site.
27. Electronic Communications Privacy Act Notice: WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or Applications.