NeonMob Terms of Use
/Last Updated: April 23, 2023
Introduction
Welcome to NeonMob.com (“the Site”), a website owned and operated by SnekTech, Inc., a Delaware corporation, d/b/a NeonMob (“NeonMob,” “we,” “us” or “our”), on which these Terms of Use (the “Terms of Use”) are posted. NeonMob provides a platform for collecting, trading, offering, purchasing, printing and designing digital art and collectibles (the “Platform”).
These Terms of Use apply to all products and services offered by NeonMob on the Site, Platform, mobile applications and otherwise (collectively, the “Services”), including without limitation, the Content (as defined below under “Use of Services”). These Terms of Use govern all sections, subjections, subdomains, pages, and screens on the Site. Our Privacy Policy located at https://www.neonmob.com/about/privacy/, as well as any additional guidelines and policies posted on the Site or Services or made available by NeonMob, are all considered part of these Terms of Use and are incorporated into these Terms of Use in their entirety. Any reference to these Terms of Use shall include and mean a reference to all such incorporated guidelines and policies. Other than as provided in these Terms of Use, in the event of a conflict between these Terms of Use and any other terms posted on the Services, these Terms of Use shall govern. Note that special terms might apply to some Services offered by NeonMob or to specific Users (as defined below in “Account Registration”), including without limitation the Creator Terms (as defined in “Creator Terms”) which can be found at https://www.neonmob.com/about/terms/#tos-creator, and the terms applicable to your use of Mobile Apps (as defined below in “Mobile Applications”). Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING ANY NEONMOB SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY, WHETHER OR NOT YOU HAVE REGISTERED WITH NEONMOB. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
ALL USERS, INCLUDING INTERNATIONAL USERS, SHOULD REVIEW NEONMOB'S PRIVACY POLICY AT HTTPS://WWW.NEONMOB.COM/ABOUT/PRIVACY/ FOR INFORMATION REGARDING THE WAYS IN WHICH NEONMOB COLLECTS, USES AND SHARES INFORMATION ABOUT AND RELATING TO YOU. WE WILL DIRECT ALL USERS TO OUR PRIVACY POLICY PRIOR TO USE OF THE SERVICES. YOU WILL BE ASKED TO AFFIRMATIVELY CONSENT. THEREAFTER, BY USING THE SERVICES, YOU MANIFEST YOUR CONTINUING CONSENT TO THE COLLECTION, USE AND SHARING OF SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.
NeonMob reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use or any additional terms and conditions, policies, or guidelines governed by these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site and we will endeavor to provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use or on the Site. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using all the Services.
Age and Eligibility
THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS OF USE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS OF USE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS OF USE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS OF USE FOR THE BENEFIT OF A CHILD OVER THE AGE OF 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Account Registration
In order to participate in certain Services and secure any additional applicable benefits, the Platform requires you, either through the Site or through a Mobile App (as defined below in “Mobile Applications”), to create an account with NeonMob (the “Account”). A user who creates an account with NeonMob may be referred to herein as a “User.” You agree to only create one (1) Account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at support@neonmob.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.
We may, in our sole and absolute discretion, suspend or terminate your Account and your ability to use the Services or portion thereof for failure to comply with these Terms of Use or any special terms related to the Service.
Creator Terms
As part of the functionality of the Services, you may publish and offer your digital art and collectibles (the “Art”) for sale on the Site, Mobile Apps and via the Services. By agreeing to the terms of this Terms of Use and uploading your Art to the Site and Mobile Apps, you expressly agree to the terms and conditions of the Creator Terms which can be found at https://www.neonmob.com/about/terms/#tos-creator (the “Creator Terms”). The Creator Terms shall become effective and apply to you beginning from the date on which you first upload your Art to the Site or Mobile App.
Social Media and Networking Sites
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing NeonMob to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to (i) disclose your Third Party Account login information to NeonMob and/or (ii) grant NeonMob access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating NeonMob to pay any fees to you or such third party service providers or making NeonMob subject to any usage limitations imposed by such third party service providers. By granting NeonMob access to any Third Party Accounts, you understand that (i) NeonMob may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) NeonMob may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Submissions (as defined below in “Public Forums and Communications”) for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or NeonMob’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your NeonMob Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GENERALLY GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. For third-party service providers who may also process data on behalf of NeonMob (“data processors,” as defined in the NeonMob Privacy Policy), we ensure that we have adequate Data Processing Agreements in place to safeguard your personal data.
NeonMob makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and NeonMob is not responsible for any SNS Content.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to support@neonmob.com, NeonMob will deactivate the connection between your NeonMob Account and your Third Party Account and delete any information stored on NeonMob’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
Credits, Subscriptions, Billing and Payment
NeonMob offers two options to pay for Services: a Subscription (as defined herein) or “a la carte” purchases for certain Services. For purchases of “a la carte” Services, you will need to purchase NeonMob credits (each a “Credit” or the “Credits”). The Credits can only be used to pay for identified Services, including without limitation, Art available via the Services and fees or expenses incurred on the Site or Mobile App and associated with the Services. You may purchase Credits up to a maximum amount determined by NeonMob, by credit card, PayPal account, promotional code, or any other payment method accepted by NeonMob, including via third party payment processing websites, and you may view your balance of available Credits associated with your Account. Credits added to your Account do not expire and are non-refundable and non-transferable, except as provided by applicable law and herein. Credits do not constitute a personal property right, have no value outside of the Services and can only be used to purchase products and services via the Services.
NeonMob reserves the right to limit quantities of Credits purchased by any person or entity and to cancel any Credits if it believes that the Credits were obtained through fraudulent or unauthorized means. If your purchase via the Services exceeds the balance of Credits in your Account, you must buy additional Credits to complete the purchase. NeonMob reserves the right to correct the balance of Credits in your Account if NeonMob believes that a billing error has occurred. NeonMob disclaims all liability for any such billing errors. Credits and their use are subject to these Terms of Use and the Privacy Policy and your use of the Credits constitutes acceptance hereof.
Within any twenty-four (24) hour period, the total amount of Credits stored in your Account plus the total amount of Credits spent out of your Account, in the aggregate, may not exceed $1,000.00 US or its equivalent in your applicable local currency. Attempted deposits of Credits into your Account that exceed this threshold may not be credited to your Account until your activity falls below this threshold. We may change or impose different Account balance and usage limits from time to time. NeonMob may set discounts on Art from time to time, and as such, the number of Credits you will need to pay for Art may change.
In addition to purchasing Credits to pay for Services, you may also purchase a NeonMob Subscription, which entitles you to certain exclusive benefits and Services that cannot be purchased with Credits (“Subscription”). Such benefits may include opportunities to earn virtual currencies that can be used on the Platform, access to special design features like icons or other indicators, exclusive Art tiers, and/or accelerated access to certain Services. The current offerings of Services and benefits offered through a Subscription are listed on the Site, and NeonMob reserves the right to change the Subscription offerings from time to time, notice of which will be provided on the Site. You may purchase a monthly Subscription for the advertised monthly price, or an annual Subscription at a discounted rate, to be paid in full at the commencement of the annual term. Payment for a Subscription will be charged to your Account at the point of purchase, and Subscriptions will automatically renew immediately prior to the end of the applicable term unless and until you cancel the Subscription. Subscriptions are non-transferable and a cancellation of an active Subscriptions will become effective after at the end of the then-current Subscription period. You agree that all sales of Subscriptions are final and we will not refund any transaction once it has been made. Any balance of virtual currencies (excluding, in certain circumstances, unused Credits, as set forth herein), benefits or Services remaining in your Account upon the cancellation of your Subscription does not reflect any stored value and cannot be exchanged for real money, real goods or real services from NeonMob or anyone else.
To purchase Credits, a Subscription, or other Services, you may be required to register with a third party payment processor (“Payment Processor”), agree to terms of service and/or a privacy policy with the Payment Processor and go through a vetting process at the request of the Payment Processor to set up your account with them. Your relationship with the Payment Processor is governed solely by your agreement(s) with such Payment Processor, including any terms of service and/or privacy policy described on their website, unless such Payment Processor is also a data processor, as noted above. When you provide payment information for purchasing Credits, a Subscription, or other Services, to NeonMob or to one of its Payment Processors, you represent to NeonMob that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize NeonMob to charge your credit card or to process your payment with the chosen Payment Processor for any Credits, a Subscription or Services purchased, or other fees incurred by you. NeonMob may require you to provide your address or other information in order to meet NeonMob’s obligations under applicable law. You agree to notify NeonMob promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify NeonMob promptly if your credit card or PayPal or other payment account expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If your use of the Services is subject to any type of use or sales tax, then NeonMob may also charge you for those taxes.
ALL CHARGES INCURRED AND ALL PURCHASES OF CREDITS, SUBSCRIPTIONS AND SERVICES MADE VIA THE SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF USE OR REQUIRED BY APPLICABLE LAW. NEONMOB RESERVES THE RIGHT AT ANY TIME TO APPLY DISCOUNTS OR OTHER PROMOTIONAL TERMS ON ANY OF ITS SERVICES, AT ITS SOLE DISCRETION, INCLUDING HOW MANY CREDITS ARE REQUIRED TO PURCHASE AN IMAGE OF ART.
IF YOU ARE A EUROPEAN UNION USER YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON UNTIL DELIVERY OF SUCH CONTENT HAS STARTED OR PERFORMANCE OF THE SERVICE HAS COMMENCED. YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF THE CONTENT HAS STARTED OR THE PERFORMANCE OF THE SERVICE HAS COMMENCED, AT WHICH POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT, INCLUDING WITHOUT LIMITATION THE ART, AND/OR PERFORMANCE OF THE ASSOCIATED SERVICE, COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR VIEWING OR USE.
Unused Credits
Credits have no expiration date, but in certain states, after a period of time, we may be required to remit the cash associated with unused Credits to certain states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem the Credits, they may no longer be redeemed and we may direct them to that state’s government instead. The Credits are not redeemable by NeonMob for cash except as required by applicable law.
If you wish to redeem your Credits and you can do so under applicable law, simply send a request for payment of unused Credits to NeonMob with a self-addressed envelope to: Attention: NeonMob Credit Claims.
We'll verify your address, confirm that your Credit balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If we determine that the Credits are not required to be redeemed under applicable law, or we can't verify your residency, we will have no obligation to send you a check for your redemption. NeonMob will be unable to redeem or return the funds representing your Credits without a self- addressed envelope and is not responsible for mail that doesn't arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
Use of Services
Subject to your agreement and continuing compliance with these Terms of Use, NeonMob grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations set forth herein to access and use the Services using a NeonMob supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
All content and material contained on or provided via the Services, including but not limited to text, data, information, graphics, designs, images, audio, video, domain names, tagline, organization, User look-and-feel, except for User Submissions (as defined below) (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by NeonMob or by third parties that have licensed their Content to NeonMob. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not access, display, distribute, modify or otherwise use any Content in any manner except as expressly permitted under these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NeonMob or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
The trademarks, logos and service marks (the "Marks") displayed on the Services are owned by NeonMob or third parties. Except as expressly provided herein, you are prohibited from using such Marks.
With respect to any Art that you acquire from NeonMob or other Users via the Services, you may access, display, trade, and otherwise use such Art on the NeonMob Platform for non- commercial purposes only. You expressly agree not to, directly or indirectly, authorize, permit or take any of the following actions: (a) copy, reproduce, modify, or create derivative works of any Art; (b) use, access, display or exploit any Art without all copyright and other proprietary notices contained in the Art; or (c) use or sell Art outside of the NeonMob Platform.
From time to time, NeonMob may impose certain restrictions or additional terms on using or purchasing certain Services. NeonMob may also from time to time apply discounts on the price paid for Art, and as such, the Credits needed to purchase Art may change.
Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of the Services that offers the opportunity for users to submit content, including comments (the “User Submissions”) for viewing by one or more Users, including without limitation a message board, forum, social community environment, conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other Users, service providers, NeonMob or any other third party. You may be held legally responsible for damages suffered by other Users, NeonMob or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Services. NeonMob is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you distribute on or through the Services in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting User Submissions to the Services, you automatically grant, or warrant that the owner of such material has expressly granted, NeonMob the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant NeonMob the right to edit, copy, publish and distribute any User Submissions you make available on the Services.
You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by Users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of Users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using the Services or Public Forum.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (the “Feedback”). You may submit Feedback by emailing us at support@neonmob.com or through any other means provided in the Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of NeonMob and you hereby irrevocably assign to NeonMob and agree to irrevocably assign to NeonMob all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At NeonMob’s request and expense, you will execute documents and take such further acts as NeonMob may reasonably request to assist NeonMob to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. The preceding does not apply for any Feedback which contains personal data. For any such Feedback, NeonMob will treat the personal data in accordance with our Privacy Policy.
Rules of Conduct
You agree that you will not submit any Art or User Submission on the Services that:
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
• is bigoted, hateful, or racially or otherwise offensive;
• is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site, the Mobile Apps or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site or Mobile Apps;
• does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
• is false or misleading.
We cannot and do not assure you that other Users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any Art or User Submission from the Services that in our opinion violates these Terms of Use (including the rules of conduct set forth above).
Links to Third Party Sites, Products, and Services
The Services may contain links to third party websites, applications, products, and services that are offered and/or maintained by others (collectively, "Third Party Services"). Any such links are provided solely as a convenience to you and not as an endorsement by NeonMob of the Third Party Services. NeonMob is not responsible for such Third Party Services and does not make any representations or warranties regarding such Third Party Services or the privacy practices of such third parties. If you decide to access such Third Party Services, you do so at your own risk.
Mobile Applications
We may make available software to access the Services and the Content via a mobile device (“Mobile Apps”). To use the Mobile Apps, you must have a mobile device that is compatible with the Mobile App. NeonMob does not warrant that the Mobile Apps will be compatible with your mobile device. NeonMob hereby grants you a non-exclusive, non- transferable, revocable license to use a compiled code copy of the Mobile Apps for one NeonMob Account on one mobile device owned or leased solely by you, for your personal use, as permitted by the usage rules set forth in the applicable App Store Terms of Service. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Apps to any third party or use the Mobile Apps to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Apps, features that prevent or restrict use or copying of any content accessible through the Mobile Apps, or features that enforce limitations on use of the Mobile Apps; or (v) delete the copyright and other proprietary rights notices on the Mobile Apps. You acknowledge that NeonMob may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Apps is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Apps or any copy thereof, and NeonMob or its third party partners or suppliers retain all right, title, and interest in the Mobile Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. NeonMob reserves all rights not expressly granted under these Terms of Use. If the Mobile Apps are being acquired on behalf of the United States government, then the following provision applies: Use, duplication, or disclosure of the Mobile Apps by the U.S. government is subject to restrictions set forth in these Terms of Use and as provided in DFARS 227.7202- 1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Apps originate in the United States, and is subject to United States export laws and regulations. The Mobile Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Apps and the Services. Standard carrier data charges may apply to your use of our Mobile Apps, and User shall be responsible for any such charges.
The following applies to any Mobile Apps you acquire from the iTunes Store (“iTunes- Sourced Apps”): You acknowledge and agree that these Terms of Use is solely between you and NeonMob, not Apple, and that Apple has no responsibility for the iTunes-Sourced Apps or content thereof. Your use of the iTunes-Sourced Apps must comply with the App Store Terms of Service. Notwithstanding anything stated in these Terms of Use, in the event of a conflict regarding the iTunes-Sourced Apps between these Terms of Use and the App Store Terms of Service, the terms of the App Store Terms of Service shall govern. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Apps. In the event of any failure of the iTunes-Sourced Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Apps to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to NeonMob as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Apps or your possession and/or use of the iTunes-Sourced Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to NeonMob as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Apps or your possession and use of that iTunes-Sourced Apps infringes that third-party’s intellectual property rights, NeonMob, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You and NeonMob acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as they relate to your license of the iTunes-Sourced Apps, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as they relate to your license of the iTunes-Sourced Apps against you as a third-party beneficiary thereof.
Copyright Policy; Digital Millennium Copyright Act
NeonMob respects the intellectual property rights of others. It is NeonMob's policy, at its discretion and when appropriate, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material infringes their rights under U.S. copyright law. If you believe in good faith that User Content of a user infringes your copyright rights, you (or your agent) may send us a notice requesting such content be removed or access to it blocked. Your notice must include the following information: (a) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the right allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the User Content claimed to be infringing, including information reasonably sufficient for us to locate the User Content; (d) contact information, such as an address, telephone number, or e-mail address; (e) a statement that you have a good faith belief that this User Content’s use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Please send notifications pursuant to this section to support@neonmob.com via email.
Upon notification, we will review your submission to ensure we have information required to process your request. The user who posted the User Content subject to your notice may have an opportunity to respond to your notification.
Export Control
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services (including without limitation, the Art or any other Content) to countries or persons prohibited under export control laws. By downloading the Services (including without limitation, the Art or any other Content), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.
Warranties; Disclaimers; Limitation on Liability
THE NEONMOB SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEONMOB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEONMOB MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEONMOB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEONMOB OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NEONMOB DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES NEONMOB MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. NEONMOB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER NEONMOB NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEONMOB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL NEONMOB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO NEONMOB FOR USE OF THE SERVICES, OR FIFTY DOLLARS ($50.00 USD) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEONMOB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless NeonMob and its affiliates, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use, including but not limited to any representations and warranties contained herein.
Termination
Without limitation, NeonMob may terminate or suspend your right to use the Services if you breach any term of these Terms of Use, or should NeonMob otherwise determine that you have engaged in inappropriate and/or offensive behavior or behavior that may negatively impact NeonMob or the Services. Should NeonMob terminate or suspend your right to use the Services for any of these reasons, you will not be entitled to any refunds. In addition to terminating or suspending your account, NeonMob reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms of Use will remain enforceable against you.
You may terminate Terms of Use at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.
General
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Site will be construed in accordance with and determined by the laws of the State of Washington applicable to contracts entered into and performed within the State of Washington without respect to its conflict of laws principles. By using the Services, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Services is any federal or State court sitting in King County, WA, U.S.A. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without NeonMob's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. NeonMob may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of NeonMob to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NeonMob. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Contact NeonMob
In the event of a complaint, or to request further information, contact us by email at support@neonmob.com.
Creator Terms
Last updated: October 22, 2018
We are thrilled you wish to use NeonMob's Services to facilitate the marketing and sale of your digital art that you upload or post on or to the Services (your "Art") to Users. The terms and conditions herein apply to your use of NeonMob's Services (the "Creator Terms") and are in addition to the terms and conditions set forth in the Terms of Use available at https://www.neonmob.com/about/terms/ (the "Terms of Use") and NeonMob's Privacy Policy available at https://www.neonmob.com/about/privacy/, which govern, are considered part of these Creator Terms, and are hereby incorporated into these Creator Terms (collectively, the "Agreement") in their entirety. Unless specifically defined in these Creator Terms, all capitalized terms contained herein shall have the meaning assigned to them in the Terms of Use.
Licenses
Subject to the terms and conditions of this Agreement, you retain all ownership rights, including without limitation copyright and moral rights, to your Art that you upload or post on or through the Services.
Subject to the terms and conditions of this Agreement, you hereby grant to NeonMob a worldwide, perpetual, irrevocable, sub-licensable right and license to use, reproduce, distribute, display, publish, exhibit, sell, transmit, and otherwise exploit the Art that you upload or post on or through the Services in all forms of media and forms of exploitation, digital or otherwise, now known or hereafter created in any manner and in connection with Services, and to use the Art in promotional and advertising materials.
Ownership; Representation and Warranties
You represent and warrant that you own: (i) all right, title, and interest in and to the Art and any derivative works of the Art (the "Derivative Works"), and (ii) all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as "moral rights" with respect to the Art and the Derivative Works ("Moral Rights") (collectively, the "Artist's Rights").
You further represent and warrant that: (a) no third party has or shall have any right of approval over the use of the Art or the Derivative Works, (b) no third party is or shall be due any amounts from the use of the Art as contemplated herein and as provided for by the Services, (c) you are not under any pre-existing obligation in conflict or in any way inconsistent with the provisions of this Agreement, (d) your performance of all of your obligations under this Agreement will not breach any other agreement to which you are bound, (e) you have the right to disclose and use all ideas, processes, techniques and other information, if any, that you have gained from third parties, and that you discloses to NeonMob or uses in the course of performance of this Agreement, without liability to such third parties, (f) you have not granted and will not grant any rights or licenses to any intellectual property that would conflict with your obligations under this Agreement, and (g) your Art does not and will not infringe upon any intellectual property right, including without limitation copyright, patent, trade secret or other property right, of any third party. Notwithstanding the foregoing, you agree that you shall not bundle with or incorporate into any Art or materials provided to NeonMob any third-party products, ideas, processes, or other techniques, without the express, written prior approval of such third party and NeonMob.
Sale of your Art
When you make each individual work of Art available for sale by using the features and functionality of the Services, you may propose the number of images of such individual work of Art that will be available to Users. With the exception of those Creators who have signed a separate, unique agreement with us, all Art you post on NeonMob is non-exclusive to us and may be utilized anywhere as the Creator sees fit. NeonMob reserves the right to adjust the number of images that will be made available to Users, in its sole discretion. You will be entitled to receive a certain percentage (the "Creator Art Fee") of the fee charged to Users to purchase your Art (the "Art Retail Fee"). Such Creator Art Fee and Art Retail Fee shall be determined in NeonMob's sole discretion as described in the Services. NeonMob will receive the remaining amount of the Art Retail Price after your Creator Art Fee is subtracted (the "NeonMob Art Fee").
Users may purchase your Art with the NeonMob credits (each, a "Credit"). Each Credit is worth USD$0.07, or such other amount as specified by NeonMob (the "Credit Conversion Rate"). For purposes of marketing, offering and selling your Art via the Service, NeonMob will convert, using the Credit Conversion Rate plus any relevant tax (such as sales tax, GST, VAT, etc.), and any additional amounts that NeonMob may charge ("Additional Fees") into Credits. For purposes of distributing your Creator Art Fee to you, NeonMob will convert, using the Credit Conversion Rate, the number of Credits paid by Users for your Art into US Dollars, and distribute such amounts to you in accordance with this Agreement.
We may change the Art Retail Fee at any time without specific notice to you, which may affect the Creator Art Fee and the NeonMob Art Fee. Additionally, we may set discounts or implement other promotions on the Art from time to time in our sole discretion without specific notice to you. Such, changes, discounts or other promotions may affect the Art Retail Fee as well as the Creator Art Fee and NeonMob Art Fee. However, the price charged to a User will not change on an individual sale of Art after a User has submitted an order for such Art.
From time-to-time and at any time, NeonMob may allow Users to purchase your Art using NeonMob Credits that were provided to such User free of charge by NeonMob (the "Promotional Credits"). Under such circumstance, you agree and acknowledge that you shall not be entitled to receive a Creator Art Fee for the portion of such sale that was purchased Promotional Credits. Each Promotional Credit used to purchase your Art will not be paid or owed to you.
You agree that NeonMob makes no representation that it will be able to procure an order for your Art, whether at the Art Retail Price or at all, nor that you are guaranteed any benefit by entering into this Agreement.
Payment Terms for your Art
You authorize NeonMob to: (i) collect, hold and distribute the Creator Fees and any applicable Additional Fees ("Sale Proceeds"), from Users on the terms set out in this paragraph, and (ii) deduct the NeonMob Fees and Additional Fees from the Sales Proceeds for your Art before distributing your Creator Fees (and tax where relevant) to you.
In order to receive payment, Creators must self-initiate the distribution of Creator Fees through Paypal. Self-pay can be initiated once per 30 days, but not more frequently. Creators must have earned, at a minimum, $5.00 USD to initiate self-pay.
Creators can also choose to convert their earnings to NeonMob Credits. Creators must have earned, at a minimum. $.50 USD to convert earnings to NeonMob Credits.
Responsibility for Taxes
Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of Art. This may include sales tax, VAT, GST and other transactional taxes.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
Indemnity
You agree to defend, indemnify and hold harmless NeonMob and its affiliates and each of their directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys' fees and other legal expenses whether known or unknown by any person, arising directly or indirectly from or in connection with (i) your breach of any of the covenants contained in this Agreement, or (ii) any actual or alleged infringement of a third party's intellectual property rights or violation of any other rights resulting in whole or in part from your Art. This clause will survive termination of this Agreement and the Terms of Use.
Termination
These Creator Terms may be terminated by either party as described in the Terms of Use.
No employment or agency
Nothing herein shall be construed to signify employment or agency between you and NeonMob. The Site and Services solely permit you to upload and sell Art through NeonMob.
You acknowledge and agree that you have no authority to enter into contracts that bind NeonMob or create obligations on the part of NeonMob without the prior written authorization of NeonMob. You acknowledge and agrees that you shall not be eligible for any NeonMob employee benefits and, to the extent you otherwise would be eligible for any NeonMob employee benefits but for the express terms of this Agreement, you hereby expressly decline to participate in such NeonMob employee benefits. You shall have full responsibility for applicable withholding taxes for all funds paid to you under these Creator terms, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization. You agree to indemnify, defend and hold NeonMob harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on NeonMob by the relevant taxing authorities with respect to any compensation paid to you hereunder.
Confidential Information
You agree, at all times during the term of this Agreement and thereafter, to hold in strictest confidence, and not to use, except for the benefit of NeonMob to the extent necessary to perform its obligations hereunder, and not to disclose to any third party, without written authorization from NeonMob in each instance, any Confidential Information (as defined below) that you obtain, access or create during the term of this Agreement until such Confidential Information becomes publicly and widely known and made generally available through no wrongful act by you. You further agree not to make copies of such Confidential Information except as authorized by NeonMob. "Confidential Information" means information and physical material not generally known or available outside of NeonMob and information and materials entrusted to NeonMob in confidence by third parties with an expectation of privacy, including without limitation Users. Confidential Information includes all information disclosed to you by NeonMob either directly or indirectly, in any form.
