Terms of Service
Effective Date: February 17, 2014
Welcome to the Mobiashara website, which is located at www.mobiashara.com (the “Website”). The Website is owned and operated by Slimtrader, Inc. (“Slimtrader”). These Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and the Mobiashara Service (as defined below). These TOS describes your rights and responsibilities and what you can expect from the Mobiashara Service. Use of the Website constitutes your acceptance of and agreement to these TOS.
Slimtrader reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to these TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Mobiashara Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. THE MOBIASHARA SERVICE
Slimtrader provides a number of Internet-based services through the Website (all such services, collectively, the “Mobiashara Service”). One such service enables users to create customized online store fronts for products and services, including without limitation books, apparel, restaurant food, and other merchandise (collectively, “Products”). Users may create and purchase individual Products for their own use or sell Products through the Mobiashara Service. Users who would like to sell Products through the Mobiashara Service must follow the merchant storefront rules contained in these TOS. Slimtrader may offer a number of other services through its Website, including without limitation, analytics, email and text marketing, inventory management, customer management, message boards, contests, coupons, and newsletters, which may change from time to time.
2. USE OF THE WEBSITE AND MOBIASHARA SERVICE
2.1 Eligibility. Slimtrader will only knowingly provide the Mobiashara Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Mobiashara Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Mobiashara Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Mobiashara Service and the Website.
2.3 Your License to Use the Web Site and the Mobiashara Service.
a. Slimtrader solely and exclusively owns all intellectual property and other rights, title and interest in and to the Mobiashara Service and Website, except as expressly provided for in these TOS. For example and without limitation, Slimtrader owns the trademarks MOBIASHARA, SLIMTRADER, MOBIASHARA.COM, and the copyrights in and to the Website, and certain technology used in providing the Mobiashara Service. You will not acquire any right, title or interest therein under these TOS or otherwise, to any intellectual property owned by Slimtrader.
b. Slimtrader grants you a limited revocable license to access and use the Website and the Mobiashara Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Slimtrader; to compete with Slimtrader; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these TOS, Slimtrader may revoke the license granted to you.
c. This Section 2.3 does not pertain to your intellectual property rights. For additional information regarding your intellectual property rights, please see Section 4.3 below.
3. GENERAL RULES
3.1 Ordering Policies. If you purchase any Products through the Website, you agree to do so in accordance with any Slimtrader ordering policies and instructions on the Website in effect at the time of your purchase. At the time of your purchase, you will be asked to provide a valid payment method for your purchase (“Payment Method”). Slimtrader will charge your Payment Method using an SSL certificate that permits your sensitive payment information to be securely transmitted. The information related to your Payment Method is not stored on the Mobiashara Service; for your protection, your Payment Method information is stored by our secure payment gateway partners. Further, by submitting the Payment Method to Slimtrader, you agree to pay the seller the price of the Products you are purchasing and you authorize Slimtrader to charge your chosen Payment Method for the purchase. Slimtrader reserves the right to correct any errors or mistakes that it makes during your purchase even if it has already requested or received payment. If Slimtrader is unable to receive payment from your Payment Method, you agree to pay all amounts due for your purchases. Title to any Products you purchase passes to you when they are delivered to you.
3.2 Supplier Rules and Restrictions. Additional terms and conditions will apply to any hotel reservation or purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Slimtrader for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
3.3 International Travel. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Slimtrader has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
a. Passport and Visa. You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
b. Health. Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
c. Disinsection. Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, SLIMTRADER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
3.3 Prohibited Use. You may only use the Mobiashara Service as expressly permitted by Slimtrader. You may not cause harm to the Website or the Mobiashara Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Mobiashara Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Mobiashara Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Mobiashara Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Slimtrader's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Mobiashara Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
4. MERCHANT STOREFRONT RULES
4.1 Description. As part of the Mobiashara Service, Slimtrader offers a service (the “Merchant Storefront Service”) that allows you to create a virtual storefront (“Storefront”) on the Website and to upload images, product data, and other content (collectively, “Content”) to the Website to create, produce, and sell Products featuring the uploaded Content.
4.2 Merchant Registration.
a. In order to access the features of the Merchant Storefront Service, including the ability to sell your Products, you must first register to use the Merchant Storefront Service by creating a merchant account on the Website (an “Account”). By choosing to create an Account, you hereby agree to be charged and to pay or have withheld from any transaction the transaction fees (“Transaction Fees”) specified in our pricing policies found on the Website, as may be amended from time to time, as specified in these TOS, or as may be separately agreed to in writing with Slimtrader.
b. If you choose to maintain an Account on the Service, you are responsible for maintaining the security of your Account and your Storefront, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with your Content or Storefront. You must immediately notify Slimtrader of any unauthorized use of your Storefront, your Account or any other breaches of security. SLIMTRADER WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
4.3 Delivery of Content. You will upload or deliver to Slimtrader all Content that you want to use with the Merchant Storefront Service in accordance with the applicable instructions on the Website and any policies published on the Website at the time of such upload or delivery. Slimtrader may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Merchant Storefront Service.
4.4 Licensing Your Content to Slimtrader. You will retain ownership of the Content that you upload to the Website. You hereby grant to Slimtrader a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Slimtrader deems necessary to enable you to use the Merchant Storefront Service to create, produce, purchase and/or sell Products. Slimtrader may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Mobiashara Service, processing your order, and producing and shipping your Products.
4.5 Transaction Fees. If you choose to register as a merchant, you authorize Slimtrader to deduct the Transaction Fees specified in our pricing policies found on the Website from the total purchase price paid by the buyer for each completed transaction through the Mobiashara Service. Within a commercially reasonable amount of time after the conclusion of each sales transaction (usually 48 hours), we will credit your Account an amount equal to the purchase price minus the Transaction Fee. Slimtrader will make a payment to you by electronic transfer to the bank account you provide us during the merchant registration process equal to your Account’s balance no later than 15 days after collecting the funds; provided, however, that the balance in your Account is at least equal to the payment threshold (the “Payment Threshold”) specified in our pricing policies found on the Website. If you earn less than the Payment Threshold, then the amount earned will not be paid and will accrue to your Account until such time as it becomes equal to or greater than the Payment Threshold. Slimtrader may, in its discretion, send you a payment before your accrued balance reaches or exceeds the Payment Threshold. If you have provided an undeliverable mailing address and two or more consecutive payments have been returned to Slimtrader as undeliverable, we may stop sending future payments to you until you provide a deliverable mailing address.
4.6 Tax Information. If you choose to sell Products through the Merchant Storefront Service, you must provide your taxpayer identification number to Slimtrader. Failure to provide an accurate taxpayer identification number may result in Slimtrader withholding your payment until you provide an accurate tax identification number. It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. You hereby agree that Slimtrader is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any payments made to you for Products sold through the Merchant Storefront Service. It is solely your obligation to maintain any and all records that may be required for your tax purposes. Slimtrader is not responsible for, and may delete, information associated with your Account that is more than three years old.
4.7 Refunds. In the event that Slimtrader terminates your Account for violation of these TOS, you will not be entitled to the return of any Transaction Fee paid with respect to any such terminated Account.
5. RESERVATION OF RIGHTS
5.1 Monitoring. Slimtrader reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Slimtrader determines, in its sole and absolute discretion, that you or another Slimtrader user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Slimtrader may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. Slimtrader reserves the right to modify the organization, structure or "look and feel" of the Mobiashara Service or the Website, and may change, suspend, or discontinue any aspect of the Mobiashara Service at any time without any liability to you or any third party. Slimtrader shall have complete discretion over the features, functions, prices and other terms and conditions on which the Mobiashara Service is offered to Slimtrader users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (collectively, “Submissions”), you grant Slimtrader permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense such Submissions. You agree that Slimtrader will have no obligation to keep any Submissions confidential. You will not bring a claim against Slimtrader based on “moral rights” or the like arising from Slimtrader's use of a Submission.
8. REPRESENTATIONS AND WARRANTIES
8.1 Mutual Representations and Warranties. You represent and warrant to Slimtrader and Slimtrader represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform these TOS, (ii) the execution and performance of your or its obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS is a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with its terms and conditions.
8.2 By You. You represent and warrant to Slimtrader that, in your use of the Mobiashara Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Slimtrader that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Slimtrader will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Slimtrader incurs in providing the Mobiashara Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
9. LIMITATION OF LIABILITY
SLIMTRADER AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY SLIMTRADER OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SLIMTRADER AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM SLIMTRADER AND ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLIMTRADER AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR RESPONSE, TITLE AND NON-INFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SLIMTRADER OR ITS AFFILIATES. SLIMTRADER AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THERE FROM. SLIMTRADER AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree to indemnify and hold Slimtrader and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim) brought against any of the Parties alleging that you have breached any provision of these TOS through any act or omission. If you have to indemnify Slimtrader under this Section, Slimtrader will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Slimtrader's express written permission.
11.1 Termination by Slimtrader. In its sole discretion, with or without notice to you, Slimtrader may: (i) suspend, limit your access to or terminate your use of the Website and/or the Mobiashara Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Slimtrader's servers and directories and (iv) prohibit you from using the Mobiashara Service and/or the Website.
Termination by You. If you are a user of the Mobiashara Service, you may terminate your Account for any reason at any time by sending an email to [email protected]
11.2 Survival. Notwithstanding Section 12.1 above, these TOS will survive indefinitely unless and until Slimtrader chooses to terminate these TOS.
11.3 Effect of Termination. If you or Slimtrader terminates your use of the Website or the Mobiashara Service, Slimtrader may delete any Content or other materials relating to your use of the Mobiashara Service on Slimtrader's servers or otherwise in its possession and Slimtrader will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Slimtrader, you must use the following addresses: 811 First Avenue, Suite 628, Seattle, WA 98104, U.S.A., or [email protected]
If Slimtrader provides notice to you, Slimtrader will use the contact information provided by you to Slimtrader. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, five (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
13. DISPUTE RESOLUTION
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Mobiashara Service will be exclusively resolved under confidential binding arbitration held in King County, State of Washington, United States of America, before and in accordance with the Rules of JAMS, by a sole arbitrator applying State of Washington law (without regard to its conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in King County, Washington, or such other court as selected by Slimtrader. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and State of Washington courts in King County. Notwithstanding anything to the contrary in this Section, Slimtrader may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington without reference to conflict of law principles. These TOS is not assignable or transferable by you without the prior written consent of Slimtrader. These TOS (including all of the policies and other Agreements described in these TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Slimtrader are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
15. COMMENTS AND QUESTIONS
If you have any comments or questions, you may address them to Slimtrader, Inc., 811 First Avenue, Suite 628, Seattle, WA 98104, U.S.A., or by email at [email protected]