Mobile Locker Terms of Use

5. USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access and use any Web Property ("User Account"), the following shall apply:

6. USER CONTENT. The Web Properties may now or in the future permit the submission of various forms of content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content.

You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Mobile Locker reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content that is available on or through the Web Properties.

We allow you and your customers to electronically submit User Content using our Web Properties. You can use our Web Properties to restrict access to certain User Content to specific users within your organization or company (“Specified Users”). These Specified Users shall have the same obligations as you with respect to the User Content and complying with these Terms. Typically, we serve as a data processor who collects information pursuant to your direction and have no direct relationship with the individuals whose personal data is uploaded. If you are a customer of a Specified User or any individual who has created a User Account and would no longer like to be contacted by a user of our Web Properties, please contact the individual with whom you interact with directly (the “Controller”). An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct queries to the Controller, and we will work with that Controller to correct or address any issues as further set forth in these Terms.

9. DISCLAIMERS.

11. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, "Third Party Content"). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.  The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with the Web Properties, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.

If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.

12. INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.

We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Mobile Locker LLC that may be referred to on the Web Properties are the property of Mobile Locker LLC, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. Neither the name of Mobile Locker LLC, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 11 (Third Party Content and Third Party Applications) above may use the name "Mobile Locker" or the title of any Content in or as part of that link.

13. COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Mobile Locker LLC may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice, located at [https://mobilelocker.com/privacy](https://mobilelocker.com/privacy), does not protect information provided in these notices.

When notifying us of potential infringement, you must include the following:

• identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
• identification of the supposedly infringing material that is to be removed;
• information reasonably sufficient to permit us to locate the material on the Web Properties;
• contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
• a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
• a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
• the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:

• identification of the supposedly infringing material that is to be removed;
• a statement that, under penalty of perjury, you have 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;
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
• the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.

Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at or by certified mail and marked "Copyright Infringement" to Vorenus Ventures, Attn: DMCA AGENT.

Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

19. PROVISIONS RELATING TO APPLE. Although you can download the App through the Apple Store App and use the App on Apple iPhones, iPods, iPads or other Apple devices pursuant to the limited, non-transferable license to use the App on your Apple device, Mobile Locker LLC, and not Apple, is solely responsible for the App and the content of the App. Apple is not responsible for: (1) the content of the App; (2) providing maintenance or support services for the App; (3) any product warranties, whether express or implied by law, or other warranty obligations (except as set forth below); (4) any claims, including product liability claims, losses, liabilities, damages, cost, or expenses attributable to any failure of the App to conform to any warranty or failure to conform to any applicable legal or regulatory requirement, or arising out of consumer protection or other similar legislation; and (5) the investigation, defense, settlement and discharge of any intellectual property claim brought by a third party against you or Mobile Locker LLC. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

By agreeing to these terms relating to Apple, you acknowledge and agree that you are only using the App on an Apple device that you own or control, and you are using it as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You further acknowledge and agree that Apple, and its subsidiaries, will have the right (and will be deemed to have accepted the right) to enforce these terms as a third party beneficiary thereof. You represent and warrant to Apple that (i) you are not located in a country that is subject to a U.S. Government embargo or that is designated as a "terrorist supporting country"; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.