These are the terms and conditions for your use of the website of Mobile Rocket Ltd
These are the terms and conditions (the Terms/Terms) which govern your use of the Mobilerock.it website (the Site).
These Terms apply regardless of whatever device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, vehicle based personal computers, handheld digital devices and any other mobile device or technology whether now known or developed in the future).
You will be deemed to have agreed to be bound by these terms when you access or browse the site, register your details with us, enter into any form of subscription with us or send us an e-mail.
For the purposes of these terms:
- Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the site from time to time (including anything made available for download).
- Including” and its derivations means including without limitation.
- “Material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images.
- “Trademarks” means the trademarks, logos and service marks (whether or not registered) displayed on the site.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3. About Us
The Site is owned and operated by Mobile Rocket Ltd
Mobile Rocket Ltd is a Limited company, whose registered office is the Durham Tees Valley Business Centre, Orde Wingate Way, Stockton-on-Tees TS19 0GD.
Access to some areas of the Site, for example to the Mobilerock.it web software, is restricted to users who have registered their details with us. When registering for use of the Site you must not use a false name or e-mail or provide any false information nor impersonate any other person. As part of your registration you will select a password. You must not share or disclose that password to any third party nor allow any third party to use your password to gain access to those parts of the Site that are restricted and to which only bona fide registered users have access. We may refuse or remove or suspend your registration in respect of such restricted areas at any time without prior reference to you.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site and the Content and the Trademarks. Subject to the these Terms we grant you a limited, temporary, revocable and non-exclusive license to access, browse and use the Site (including the Content and Trademarks) in accordance with the Terms and in particular paragraph 4 above and paragraph 6 below.
6. Access and use of the Site
You may use the Site for personal and commercial use only unless we have entered into a separate written agreement with. You may only download and print extracts of the contents for your own personal and commercial use.
You may not:
- Download or print any Content of extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the content from the Site nor
- Reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent nor
- Modify or adapt or create derivative works of the Content nor
- Copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Any such use of this website or the Content is prohibited.
At all times when you are accessing, browsing or using or registering for use of the Site you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular you must not use the Site in a manner (or upload any material or link to any material) which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights including intellectual property rights.
At any time without notice and in our absolute discretion we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion we may remove or edit any content on the site. To the fullest extent permitted by law none of Mobilerock.it directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction of hindrance to your use of the Site.
7. Data Protection and Privacy
8. Third party links
The Site, Mobilerock.it software contains hypertext links to third party websites. We are not responsible for nor do we endorse in any way any such third party websites or their content. If you decide to access any of the third party websites linked to the Site you do so entirely at your own risk.
9. Advertising and sponsorship
From time to time parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including without limit information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
10. Exclusions and limitations of liability.
All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site of the Content including without limitation warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
We are not authorised by the Financial Services Authority of England. The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
- Does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise).
- Does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to.
- Is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.
Appropriate expert independent advice should be obtained before making any investment or other decisions.
Neither Mobilerock.it nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or operation of it the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or Content will be uninterrupted.
You agree that Mobilerock.it software, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise) under any circumstances for any amount or kind of loss or damage (including without limitation any direct, indirect, punitive or consequential loss or damage, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
- Interruption of business or
- Access or other delays, terminations, suspensions, denials or access interruption to the Site or
- Date non delivery, data misdelivery, data corruption, destruction of data or other modification of data or
- Third party website links on the Site or
- Reliance on the information contained on the Site or
- Computer viruses, system failures or malfunctions which may occur in connection with your use of the Site or
- Any inaccuracies, omissions or misleading, false or deceptive statement in the Content or
- Events beyond our reasonable control.
Notwithstanding any provisions of these Terms, Mobilerock.it software does not exclude or limit its liability for
- Death or personal injury caused by its negligence or that of any of its officers, employees or agents or
- Fraudulent representation or
- Any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified Mobilerock.it software and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
- Any breach of these Terms by you or
- Your fault, negligence or breach of statutory duty or
- Your use of software, robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
These Terms (together with any variations to them pursuant to paragraph number 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
Any access given to you in accordance with paragraph number 4 is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way including but not limited to the making of any representations or warranty, the assumption of any obligation or liability and the exercise of any right or power.
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
No waiver by Mobilerock.it software of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Mobilerock.it software shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of Mobilerock.it software under these Terms are independent, cumulative and without prejudice to its rights under the law.
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
User Contributed Content
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU POST THROUGH THE APP AND FOR THE CONSEQUENCES OF PUBLISHING IT. NEITHER WE NOR THE PUBLISHER NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU OR OTHERS HAVE POSTED ON THE APP BUT WE AND THE PUBLISHERS RESERVE THE RIGHT TO DO SO. You may not post through the App or otherwise make available:
- Any material that infringes third party’s right, especially privacy, publicity and intellectual property rights;
- Any code malicious to computers and networks; or
- Any material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.
We will ask you on registering to sign and agree to the terms and conditions identified above, making you solely responsible for the content or imagery within the mobile app. Once you have registered and agreed these terms and conditions we, if requested, can and will assist in the building and modifying of your app but will not be responsible for any of the content or imagery used.
You may post content on the App only if you are the rightful owner of all rights to that content or if you are licensed by the rightful owners to post such content. By posting content, you approve that you hold either all title and intellectual property rights or an appropriate license to the content and that you are entitled to post it. You grant us and the Publisher, each, an irrevocable, free of charge, sub-licensable, worldwide, non-exclusive, perpetual, transferable right to copy, modify, distribute, display, perform and make available to the public all content that you post via the App. You give up all moral rights in and to that content (e.g. you give up the right to have the content attributed to you). We do not claim ownership over the content that you contribute. You retain all title to it. The Company and the Publisher, each, may at any time, at their sole discretion and without prior notice remove or modify any content you have posted. You will have no right to object to or claim against any such actions we take
Requests to Remove Content
Any requests to remove copyright infringing content from the App, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
Changes in the App
You grant Mobile Rocket Ltd and/or the Publisher your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among others, may:
- Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
- Change the App’s layout, design or display.
We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE AND THE PUBLISHER DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. THE COMPANY AND THE PUBLISHER DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORISED ACCESS.
Mobile Rocket Ltd have selected Fortrabbit as their Hosting partners to ensure you receive the best service and the most uptime as possible.
Fortrabbit will use reasonable efforts to make the Fortrabbit platform available with a monthly uptime percentage (*) depending on the product chosen by you during any monthly billing cycle. In the event
Fortrabbit can not guarantee the following :
- no uptime guaranteed for DEVELOPMENT (ex bootstrap) plans
- 99% uptime for all SHARED (ex startup) plans
- 99.9% uptime for plans with two ore more nodes
Fortrabbit reserves the right to temporarily restrict the access of certain internet users or internet user groups to the provided services, if the security of network operations, integrity of the network and/or hosted data is endangered.
Fortrabbit guarantees that all planned network operation will take place between 10pm and 7am or on Saturday or Sunday.
*Monthly uptime percentage means the total number of minutes in a monthly billing cycle the Fortrabbit storage system was connected to the internet ready to receive and provide information minus the number of minutes of downtime suffered in a monthly billing cycle, divided by the total number of minutes in a monthly billing cycle.
Mobile Rocket Ltd are not responsible for any liability for indirect or collateral damages as well as following damages, loss of profit, service interruption, loss of data or information. Mobile Rocket Ltd will do their utmost to provide a service that will have minimal downtime and minimal service interruption but this can not be guaranteed.