Please read these Terms of Use (the “Terms”) before using the Service. Using the Service indicates that you accept these Terms. If you do not want to accept them, you may not use the Service. Please check this page periodically to take notice of any changes we made because they are binding on you. Your continued use of the Service following the posting of revised Terms of Use constitutes your acceptance of the changes.
DESCRIPTION OF SERVICE AND CONTENT POLICY:
• Wall Of Kindness is the next generation of free online classifieds. We act as an online market place platform to allow our users who comply with these Terms to offer, give, and take products and services listed on the App.
• You understand that Wall Of Kindness does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Mobizion domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
• You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Wall Of Kindness on the website or on mobile app and that any copyrights therein belongs to Mobizion.
• Wall Of Kindness does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Wall Of Kindness expressly disclaims any and all liability in connection with user Content. Wall Of Kindness does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Wall Of Kindness may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Wall Of Kindness reserves the right to remove any Content without prior notice.
YOUR OBLIGATIONS:
By submitting any content to or through the Service, you represent and warrant that you have full legal right to submit such content without violating any law, infringing upon rights of any third party, including, without limitation, copyright, privacy, publicity or other rights. You are responsible for making all arrangements necessary for you to have access to the Service. You must treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when.
PROHIBITED CONDUCT:
fYou agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
• that violates any law or regulation;
• that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party other intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Wall of Kindness all of the license rights granted herein;
• that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
• that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
• that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
• that includes personal or identifying information about another person without that person's explicit consent;
• that impersonates any person or entity, including, but not limited to, an Wall of Kindness employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
• that constitutes or contains "network marketing", "multi-level marketing", "Ponzi and pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website or Mobile app which are not designated for such purposes; or (2) e-mailed to Wall of Kindness users who have requested not to be contacted about other services, products or commercial interests;
• that includes links to commercial services or Third Party Websites, except as specifically allowed by Wall of Kindness ;
• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law of local jurisdiction;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
• contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
• make any libelous or defamatory comments or postings to or against anyone;
• collect personal data about other users or entities for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
• post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
• post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
• attempt to gain unauthorized access to computer systems owned or controlled by Wall of Kindness or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
• use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of ’s "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
• use any automated device or software that enables the submission of automatic postings on Wall of Kindness without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
• Any Content uploaded by you shall be subject to relevant laws and may be disabled, and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
MONITORING:
• We have the right to take any action that we deem necessary or appropriate for violation of these Terms. We may:
• 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 Service.
• 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.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.
• Block violator’s IP address and/or notify his or her Internet Service Provider
• Take appropriate legal action.
• As a neutral venue, we do not provide mediation, arbitration or other forms of resolving disputes between Service users. Nevertheless, we reserve the right to facilitate disputes in any way we deem appropriate.
• We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not liable if for any reason all or any part of the Service is unavailable at any time or for any period.
FEATURED ADS:
Wall of Kindness may offer a service known as "Featured Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the App, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, which may be governed by its own terms of use and other policies. Wall of Kindness makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party service provider, and your linking to any Third Party service is completely at your own risk, and Wall of Kindness disclaims all liability related thereto.
Featured Ads are subject to the Terms listed herein, as well as additional terms of service..
TERMINATION:
We may refuse service and terminate accounts, for reasons including, but not limited to, that user conduct violates applicable law or is harmful to the interests of Wall Of kindness, its members, partners, suppliers, or other users, or for any other reason, at our sole discretion, with or without cause.
DISCLAIMER:
Wall Of Kindness does not accept any liability for any data errors. Mobizion will not accept liability for any loss or damage or inconvenience arising as a consequence of any use of or the inability to use any information within the Service. Use and rely on any information at your own risk. Wall Of Kindness does not represent or warrant that the information accessible via the website is accurate, complete or up to date.
NO WARRANTIES:
To the fullest extent permitted by law, Wall Of Kindness disclaims liability for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use this Service. The information on the Service is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Wall Of Kindness does not warrant that the functional aspects of the Service will be uninterrupted or error free or that the Service or the server are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LINKED WEBSITES:
Wall Of Kindness takes no responsibility for the contents of linked websites and such links do not constitute endorsement of any kind. Wall Of Kindness has no control over the availability of the linked pages.
INTELLECTUAL PROPERTY:
Ownership. By accessing the Service you agree that all of its contents is the proprietary information of Mobizion and is protected by US and international copyright, patent, trademark and trade secret laws. You represent and warrant that you will conform your access, copying and use of all Service content to the purposes permitted under these Terms of Use. You must not alter or remove any copyright, trademark and other proprietary rights notices appearing on the Service. If you breach any of these Terms of Use, your authorization to use the Service will automatically terminate and you must immediately delete or destroy any downloaded or printed material. To reproduce or distribute any Service data that does not belong to you, you must obtain prior written permission of Mobizion. To request permission, send an email to info@mobizion.com, including your name and a description of your intended use.
Copyright Infringement. We respect the intellectual property rights of others. All claims of copyright infringement on our Service will be investigated if reported to info@mobizion.com. If we believe that any content violates any applicable law, we will remove or disable access to any infringing content and/or terminate or suspend the offending party’s account.
SPECIAL TERMS FOR APPLE STORE:
• By accessing the Service through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
• Service is owned and operated by Mobizion. These Terms govern the relationship between you and Mobizion, and not with Apple. Mobizion, not Apple, is solely responsible for the Service and the content thereof.
• You are granted a non-transferable license to use the Service on an iOS product that you own or control and as permitted by these Terms and Usage Rules set forth in the App Store Terms of Service.
• In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Mobizion, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Mobizion is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms, or as required under applicable law. Mobizion and you hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
• By accessing the Service, you warrant that you are not be on the U.S. Treasury Department’s list of Specially Designated Nationals or any U.S. Government list of prohibited or restricted parties; you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
• APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE OUR SOLE RESPONSIBILITY.
• Mobizion, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• These Terms of Service do not confer any rights on any third party, provided however that you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
GENERAL:
• Relationship of the Parties. These Terms do not create any agency, joint venture, partnership, cemployer-employee relationship. All parties are independent contracting parties.
• Assignment. You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.
• Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
• Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
• Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
ABILITY TO ACCEPT TERMS OF SERVICE:
This Application is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this App as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the App and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, agreements, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS APPLICATION. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
If you have any questions or concerns about our Terms of Use, please contact us at:
Mobizion, Inc.
e-mail: info@mobizion.com