Terms of Service for Mobile Skillet Apps and Website

The following document is a generic version of the Terms of Service for all Mobile Skillet applications. The particular TOS for any specific Mobile Skillet application will be found in the ABOUT section of that application.

MOBILE SKILLET APP USER AGREEMENT

MOBILE SKILLET™ TERMS OF USE AND PRIVACY POLICY
MOBILE SKILLET, LLC, a Massachusetts limited liability company (“MOBILE SKILLET” “the Company,” “we,” or “us,”), owns the MobileSkillet.com website (“the Site”) and the platform used to produce _____________, a universal iOS Application (the “App”). This User Agreement (this “Agreement”) is the legal agreement between you and Mobile Skillet governing your use of the App. Please read this Agreement carefully. The App is provided to you only pursuant to your acceptance of all of the terms and conditions contained in this Agreement. By using the App, you represent and warrant that you have the legal capacity to enter into contracts, and you agree to be bound by these terms in connection with your access to, and use of the App. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD NOT USE THE APP OR ITS ASSOCIATED CONTENT.

1. AVAILABILITY
You acknowledge and agree that the availability of the Internet through any medium, and your ability to use the App is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that availability of web-based browsing is not guaranteed. Mobile Skillet is not responsible for the act or omission of any Internet provider, any limitations imposed by such provider, or such provider’s ability or inability to support the App. You further acknowledge that Mobile Skillet does not guarantee and is not responsible for the availability or accuracy of any third-party websites, iOS applications, any similar Internet-ready phone or tablet applications or services accessed through the App, and Mobile Skillet does not endorse or warrant any such third-party websites, applications, or services. In addition and without limiting the foregoing, in no event will Mobile Skillet be liable for any error by you in using the App, for whatever reason.

2. MODIFICATION
Mobile Skillet reserves the right, in its sole discretion, to modify the App from time to time and without notice, including by removing, adding, or modifying content. Mobile Skillet shall have no liability to you for any modification or discontinuation of the content. If you object to any such changes, your sole recourse shall be to cease using the App. Continued use of the App following any such changes shall indicate your acknowledgment of such changes and satisfaction with the App as so modified.

3. LIMITATIONS ON YOUR USE
As a condition of use, you promise not to use the App for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Mobile Skillet.
By way of example, and not as a limitation, you agree not to use the App:
1. to abuse, harass, threaten, impersonate, or intimidate other Mobile Skillet users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the App;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Mobile Skillet user;
5. to create or submit unwanted email (“Spam”) to any other Mobile Skillet users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. to attempt to gain access to another user’s account;
9. to use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission (with the exception of accessing RSS feeds),
10. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the App or any activities conducted on the App;
(iii) bypass any measures we may use to prevent or restrict access to the App: with the intention of artificially inflating or altering the ‘writer rankings’, or participating in any other organized effort that in any way artificially alters the results of Mobile Skillet’s rankings.

4. MOBILE SKILLET’S RIGHT TO DEACTIVATE ACCOUNT
Mobile Skillet may remove any content or deactivate any Mobile Skillet account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Agreement abuse, please email: contact@mobileskillet.com .
The App will be disabled 90 days after the date that the author has ceased to support it.

5. MODIFICATION OF AGREEMENT
Mobile Skillet may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the App, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the App. Continued use of the App following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.

6. PRIVACY
As part of a registration process, you may be asked to provide certain personal information to us, such as your name, contact information, and, for certain transactions, your credit card number. You agree that any such information that you provide is true, accurate and complete. Mobile Skillet has an unrestricted right to collect and use any personal information you provide in connection with the App, provided that any such use shall be in accordance with our Privacy Policy. If you use the App, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the App.

7. TERMINATION
Mobile Skillet may terminate or suspend your right to use the App in whole or in part and/or your Mobile Skillet account immediately, without prior notice or liability, if you breach any of the terms or conditions of the This Agreement. Upon termination of your account, your right to use the App will cease immediately.
If you wish to terminate your Mobile Skillet account, you may discontinue using the App by sending an email message to contact@mobileskillet.com with the phrase “Terminate account” in the subject field.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILE SKILLET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. MOBILE SKILLET MAKES NO WARRANTY THAT THE APP. WILL MEET YOUR REQUIREMENTS, OR THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MOBILE SKILLET DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE APP OR THE RESULTS THEREOF. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN DISCRETION AND RISK, AND MOBILE SKILLET MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE APP. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE APP IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILE SKILLET OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE APP OR CONTENT OBTAINED THROUGH THE APP, IN NO WAY CONSTITUTES, MEDICAL ADVICE, AND IN NO EVENT CREATES A PHYSICIAN-PATIENT RELATIONSHIP.

9. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOBILE SKILLET OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF MOBILE SKILLET TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP IS LIMITED TO ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mobile Skillet, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the App using your password) submit or transmit through the App, including, but not limited to: comments, hyperlinks, embedded material, photos, video, audio, or graphics (b) your use of or access to the App, (c) your violation of this Agreement, (d) your violation of any rights of any third party, including, but not limited to, any intellectual property right including copyright, trademark, trade dress, trade secret, or patent, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the App.

11. INTELLECTUAL PROPERTY
Except where indicated, Mobile Skillet and/or its licensors and licensees own all right, title and interest in and to content on the App. All such material is protected by relevant intellectual property laws, including copyright, trademark and/or trade secret laws. Without limiting anything herein, the App and material from the App may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and Mobile Skillet. In addition and without limiting the foregoing, all trademarks, marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the App are the property of Mobile Skillet and/or its affiliates, partners, licensors and/or licensees. All other third party marks appearing on the App are owned by their respective applicants and registrants, and are used with permission. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.

12. USER CONTRIBUTIONS
In the event that you contribute content to the App, (each, a “Contribution”), you shall grant to Mobile Skillet, making such Contribution, a perpetual, non-exclusive, royalty-free, fully paid license to use, publish, display, distribute, modify, reproduce, make available for download, and create derivative works of such Contribution(s). The foregoing license shall include the right for Mobile Skillet to exercise copyright and publicity rights with regard to the Contribution(s) and to incorporate the Contribution(s) into the App. You warrant to Mobile Skillet that (i) you own all rights in and to any content any Contribution you make, (ii) any Contribution you make does not violate any third party’s intellectual property rights, and (iii) any such Contribution is neither defamatory nor violates any applicable laws. Mobile Skillet reserves the right in its sole discretion to reject any user Contributions. IF YOU DO NOT AGREE TO THE FOREGOING GRANT OF LICENSE RIGHTS AND WARRANTIES, YOU SHOULD REFRAIN FROM MAKING ANY CONTRIBUTION.

13. COPYRIGHT INFRINGEMENT CLAIMS; PROCEDURE
Mobile Skillet respects the intellectual property rights of others, but we do not independently confirm that all content made available through the App is provided by a valid rights holder. In the event that Mobile Skillet becomes aware that content published on or through the App has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our discretion, disable and/or terminate the publication of such content.
In accordance with the Digital Millennium Copyright Act (DMCA), Mobile Skillet will take down posts deemed to infringe any third party rights. Additionally, Mobile Skillet will terminate, where warranted as determined in Mobile Skillet’s sole discretion, the accounts of users whom Mobile Skillet believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the aApp, please send a “DMCA Notice” described below to Mobile Skillet, either at contact@mobileskillet.com or to Mobile Skillet, LLC, 86 Waban Hill Road, Chestnut Hill, MA 02467.To be effective, federal law requires your DMCA Notice to include the following information:
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that you claim is infringing, with sufficient detail so that Mobile Skillet may readily locate it.
• Information sufficient to permit Mobile Skillet to contact you such as your name, address, telephone number, and e-mail address.
• A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

14. GOVERNING LAW/LIMITATIONS ON ACTIONS/NO AGENCY
This Agreement and the relationship between you and Mobile Skillet shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the App, must be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by any such court. Mobile Skillet may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the App. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and Mobile Skillet with respect to the subject matter herein, superseding any prior agreements or negotiations between you and Mobile Skillet with respect to the App.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Mobile Skillet in any respect whatsoever. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sub-licensable by you except with Mobile Skillet’s prior written consent. Mobile Skillet may transfer, assign or delegate the Agreement and its rights and obligations without consent.

MOBILE SKILLET WEBSITE USER AGREEMENT

Mobile Skillet, LLC, a Massachusetts limited liability company (“Mobile Skillet” “the Company,” “we,” or “us,”), owns the website available at the domain name mobileskillet.com (the “Site”) and certain content and Services made available to users of the Site (“Services”). This Mobile Skillet User Agreement (this “Agreement”) is the legal agreement between you and Mobile Skillet governing your use of the Services. Please read this Agreement carefully. Mobile Skillet is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. By using the Site, you represent and warrant that you have the legal capacity to enter into contracts, and you agree to be bound by these terms in connection with your access to, and use of, the Site and the Services offered on or provided through the Site. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD NOT USE THE SERVICES OR CONTENT OR OTHERWISE USE THE SITE.

1. DESCRIPTION OF SERVICES

Subject to your compliance with the terms and conditions of this Agreement, Mobile Skillet will provide the Services to you which are made available through the Site. You will be able to place orders and settle transactions for the purchase of certain products and Services (each, a “Product” or “Services”) described on the Site, as updated by Mobile Skillet from time to time.

2. AVAILABILITY OF SERVICES

You acknowledge and agree that the availability of the internet, and your ability to use the Services is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that availability of web-based browsing is not guaranteed. Mobile Skillet is not responsible for the act or omission of any internet provider, any limitations imposed by such provider, or such provider’s ability or inability to support the Services. You further acknowledge that Mobile Skillet does not guarantee and is not responsible for the availability or accuracy of any third-party websites or Services accessed through the Site, and Mobile Skillet does not endorse or warrant any such third-party websites or Services. In addition and without limiting the foregoing, in no event will Mobile Skillet be liable for any error by you in using the Services, for whatever reason.

3. MODIFICATION OF SERVICES

Mobile Skillet reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and Services. Mobile Skillet shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.

4. PAYMENT & BILLING

You acknowledge and agree that for each order you place through the Site, the full cost of Products you order (for which prices are subject to change without notice) and a transaction fee will be assessed against your credit card or charge card. You acknowledge and agree that a web-browser command originating from your account constitutes an authorization for Mobile Skillet to charge this amount to your credit card or charge card, and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. Mobile Skillet will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule on the Site.

5. LIMITATIONS ON YOUR USE OF THE SERVICES

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Mobile Skillet.

By way of example, and not as a limitation, you agree not to use the Services:

to abuse, harass, threaten, impersonate, or intimidate other Mobile Skillet users;

to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;

for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Services;

to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Mobile Skillet user;

to create or submit unwanted email (“Spam“) to any other Mobile Skillet users or any URL;

to violate any laws in your jurisdiction (including but not limited to copyright laws);

to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

to attempt to gain access to another user’s account;

with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
(iii) bypass any measures we may use to prevent or restrict access to the site;

with the intention of artificially inflating or altering the ‘writer rankings’, or participating in any other organized effort that in any way artificially alters the results of Mobile Skillet ‘s Services.

Mobile Skillet may remove any Content or deactivate any Mobile Skillet account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Agreement abuse, please email: HYPERLINK “mailto:contact@mobileskillet.com” contact@mobileskillet.com .

6. MODIFICATION OF AGREEMENT

Mobile Skillet may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.

7. PRIVACY

For certain transactions, you will be asked to provide certain personal information to us, such as your name, contact information, and your credit card number. You agree that any such information that you provide is true, accurate and complete. Mobile Skillet has an unrestricted right to collect and use any personal information you provide in connection with the Services, provided that any such use shall be in accordance with our Privacy Policy available at mobileskillet.com, which is hereby incorporated by reference. If you use the Site and/or the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and/or the Services.

8. TERMINATION

Mobile Skillet may terminate or suspend the Services in whole or in part and/or your Mobile Skillet account immediately, without prior notice or liability, if you breach any of the terms or conditions of the This Agreement. Upon termination of your account, your right to use the Services will immediately cease.

If you wish to terminate your Mobile Skillet account, you may discontinue using the Services by sending an email message to contact@mobileskillet.com with the word “Terminate account” in the subject field.

All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILE SKILLET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. MOBILE SKILLET MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MOBILE SKILLET DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND MOBILE SKILLET MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU.

10. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOBILE SKILLET OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF MOBILE SKILLET TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mobile Skillet, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Services using your password) submit or transmit through the Services, including, but not limited to: comments, hyperlinks, embedded material, photos, video, audio, or graphics (b) your use of or access to the Services, (c) your violation of this Agreement, (d) your violation of any rights of any third party, including, but not limited to, any intellectual property right including copyright, trademark, trade dress, trade secret, or patent, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Services.

12. INTELLECTUAL PROPERTY

Mobile Skillet and/or its licensors own all right, title and interest in and to the Services and the Site. All such material is protected by relevant intellectual property laws, including copyright, trademark and/or trade secret laws. Without limiting anything herein, the Services and other material from the Site may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and Mobile Skillet. In addition and without limiting the foregoing, all trademarks, Services marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Site and the Services are the property of Mobile Skillet and/or its affiliates, partners, licensors and/or licensees. Without limiting the foregoing, “Mobile Skillet” is a Services mark of Mobile Skillet, LLC. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.

13. USER CONTRIBUTIONS

In the event that you upload or otherwise contribute instructional videos or other content or Services to the Site (each, a “Contribution”), you shall grant to Mobile Skillet, upon performing such upload or making such Contribution, a perpetual, non-exclusive, royalty free, fully paid license to use, publish, display, distribute, modify, reproduce, make available for download, and create derivative works of such Contribution(s). The foregoing license shall include the right for Mobile Skillet to exercise copyright and publicity rights with regard to the Contribution(s) and to incorporate the Contribution(s) into the Site and any of Mobile Skillet’s Services. You warrant to Mobile Skillet that (i) you own all rights in and to any content you upload or any Contribution you make, (ii) any content you upload or any Contribution you make does not violate any third party’s intellectual property rights, and (iii) any such content or Contribution is neither defamatory nor violates any applicable laws. Mobile Skillet reserves the right in its sole discretion to reject any user Contributions. IF YOU DO NOT AGREE TO THE FOREGOING GRANT OF LICENSE RIGHTS AND WARRANTIES, YOU SHOULD REFRAIN FROM UPLOADING ANY CONTENT OR MAKING ANY CONTRIBUTION.

14. COPYRIGHT INFRINGEMENT CLAIMS; PROCEDURE

Mobile Skillet respects the intellectual property rights of others, but we do not independently confirm that all content made available through the Mobile Skillet Services is provided by a valid rights holder. In the event that Mobile Skillet becomes aware that content published on or through the Site or the Services has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our discretion, disable and/or terminate the publication of such Content.

In accordance with the Digital Millennium Copyright Act (DMCA), Mobile Skillet will take down posts deemed to infringe any third party rights. Additionally, Mobile Skillet will terminate, where warranted as determined in Mobile Skillet’s sole discretion, the accounts of users whom Mobile Skillet believes are intentional and/or repeat infringers.

If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to Mobile Skillet, either at mobileskillet.com or to Mobile Skillet P.O. Box #67249 Chestnut Hill, MA 02467.To be effective, federal law requires your DMCA Notice to include the following information:

Identification of the copyrighted work that you claim has been infringed.

Identification of the material that you claim is infringing, with sufficient detail so that Mobile Skillet may readily locate it.

Information sufficient to permit Mobile Skillet to contact you such as your name, address, telephone number, and e-mail address.

A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.

The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

15. GOVERNING LAW/LIMITATIONS ON ACTIONS/NO AGENCY

This Agreement and the relationship between you and Mobile Skillet shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Services, must be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to Services of process issued or authorized by, any such court. Mobile Skillet may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and Mobile Skillet with respect to the subject matter herein, superseding any prior agreements or negotiations between you and Mobile Skillet with respect to the Services.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Mobile Skillet in any respect whatsoever. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sublicensable by you except with Mobile Skillet ‘s prior written consent. Mobile Skillet may transfer, assign or delegate the Agreement and its rights and obligations without consent.

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Terms of Service for Mobile Skillet Apps and Website

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