Privacy and Terms
The following Esmart Analyst Software License and Terms of Service Agreement (“Terms” or the “Agreement”) for the Esmart Analyst Software and Service is the legal agreement between you, (“You”), and MobileArts LLC regarding your use of the Esmart Analyst Software to create a virtual private network (“VPN”) connection (the “Service”).
BY CLICKING THE INSTALL BUTTON, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR ALL LEGAL DISPUTES.
IF YOU DO NOT AGREE THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “I DECLINE” BUTTON AND THE Esmart Analyst SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE.
By clicking the “Install” button or by otherwise registering for, accessing or using the Service, you represent that you are at least 21 years of age and have not been previously suspended or removed from the Service by MobileArts.
1. The Service. MobileArts provides the Service as a means of protecting your privacy by establishing a secure Virtual Private Network (“VPN”) connection when connecting to the Internet through unsecured networks or browsing unsecured websites.
1.1 Free and Subscription Service. If You choose to use the free Service, MobileArts may deliver third-party advertisements
1.2 Traffic Protection. The Service was developed to provide protection against hacking and other potential privacy vulnerabilities when surfing the Internet on an unsecure network, or browsing the Internet by creating a VPN that encrypts traffic to and from your Device, as defined in Section 6.1, and utilizing a Proxy IP Address provided by MobileArts. However, software is not perfect and due to defects, bugs, or other reasons, or for no reason at all, MobileArts does not guarantee that the Service will create a VPN or utilize a Proxy IP Address on all websites.
2. Privacy Notice. Your privacy is important to MobileArts. MobileArts’s Esmart Analyst Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the Esmart Analyst’s collection, use, and disclosure of your personal information.
3. Modification of these Terms. MobileArts reserves the right, at our discretion, to make non-material changes to these Terms at any time. Please check these Terms and any Guidelines periodically for changes. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to pay for Esmart Analyst Premium, or through other reasonable means. If you do not agree to the changed Terms you must discontinue your use of the Service. If you are a user of Esmart Analyst Premium and you elect to discontinue use of the Service due to a material change in these Terms, we will provide you with a refund as described in Section 9 below. All other changes are effective upon publication of the changed Terms.
4. User Content
4.1 Certain features of the Service, may permit users to post content, including messages, reviews, data, text, and other types of works (User Content) and to publish User Content on the Service. You retain copyright and any other proprietary rights that You may hold in the User Content that you post to the Service.
4.2 By posting or publishing User Content, You grant MobileArts a worldwide, non-exclusive, royalty-free right and license with the right to sublicense to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels. Any such use of your User Content by MobileArts may be without any compensation paid to You.
4.3 You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, You affirm, represent, and warrant that: You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize MobileArts and users of the Service to use and distribute your User Content; your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
4.4 We are under no obligation to edit or control User Content that You or other users post or publish, and will not be in any way responsible or liable for User Content. MobileArts may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service You will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MobileArts with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MobileArts does not permit copyright-infringing activities on the Service.
5. The Esmart Analyst Software
5.1 The Service, including Esmart Analyst Software, is licensed, not sold, to You. Subject to the terms and conditions set forth in this Agreement, MobileArts grants You a limited, revocable, nonexclusive, personal, nontransferable license to install and use
5.2 You may not (and may not allow a third party to) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise transfer the Esmart Analyst Software or any of your rights and obligations under this Agreement.
5.3 When You purchase a subscription to MobileArts’s Premium Service in connection with your use of the Esmart Analyst Software, MobileArts will provide You with the ability to automatically renew your subscription to the Premium Service. You can opt out of an automatic renewal of your subscription and cancel the Premium Service at any time.
The MobileArts Premium Service monthly/annual fee, is paid in advance for the month(s)/year(s) following each recurring charge and is non-refundable.
If the payment mechanism (such as a credit card) we have on file for You is declined for payment of your Premium Service subscription fee, we may retry the payment mechanism at the same or lower rate. If all retries are declined, your Premium Service subscription will be canceled.
Unless You notify us before a charge that You want to cancel or do not want to auto renew, You understand your Premium Service subscription will automatically continue indefinitely and You authorize us (without notice to You, unless required by applicable law) to collect the then-applicable Premium Service subscription fee and any taxes, using any credit card we have on record for You.
6. The Service
6.1 MobileArts agrees to allow You to use the Esmart Analyst Software solely to access the Service. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems and repair, and may be interrupted, refused, limited or curtailed..
6.2 MobileArts reserves the right to modify or discontinue the Service at any time without any notice for its convenience.
7. Prohibited Conduct.
BY USING THE Esmart Analyst SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
7.1 use the Esmart Analyst Software or the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, the Esmart Analyst Software or any Materials (as defined in Section 10, below);
7.3 delete the copyright or other proprietary rights on the Esmart Analyst Software or the Service;
7.4 use the Esmart Analyst Software or the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.5 use the Service or the Esmart Analyst Software for any commercial use, it being understood that the Esmart Analyst Software and the Service is for personal, non-commercial use only;
7.6 use the Esmart Analyst Software or the Service if You are under the age of 21 years old;
7.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Esmart Analyst Software or the Service, features that prevent or restrict use or copying of the Esmart Analyst Software, or features that enforce limitations on the use of the Service;
7.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or the Esmart Analyst Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.9 modify, adapt, translate or create derivative works based upon the Esmart Analyst Software or the Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
7.10 intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Third-Party Transactions
8.1 If You are using the free Service, MobileArts may deliver third-party Advertisements. Advertisements may be displayed to overlay a page or as an interstitial. You hereby acknowledge and consent that MobileArts may deliver third party Advertisements to overlay a page or as an interstitial.
8.2 If You choose to access and use certain websites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the Premium Service, or through Advertisements while using the free Service, your personal information may be available to a third-party content provider.
9. Termination; Refunds; Terms of Service Violations
9.1 For users of the free Service, You agree that MobileArts, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the Esmart Analyst Software at any time, and that MobileArts may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice.
For users of the Premium Service, You agree that MobileArts, in its sole discretion, for any or no reason, may terminate your use of the Service or the Esmart Analyst Software at any time, and that MobileArts may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MobileArts may have at law or in equity.
9.2 You may terminate this Agreement at any time by discontinuing use of all parts of the Service and certifying in writing to MobileArts that all copies of the Esmart Analyst Software have been destroyed or deleted from any of your Device or other storage devices.
We are under no obligation to edit or control User Content that You or other users post or publish, and will not be in any way responsible or liable for User Content. MobileArts may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates in the Terms or is otherwise objectionable. You understand that when using the Service You will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MobileArts with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the our Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MobileArts does not permit copyright-infringing activities on the Service.
10.1. To the fullest extent permissible pursuant to applicable law, MobileArts disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
10.2 You expressly agree that use of the Service and the Esmart Analyst Software is at your sole risk. The Service, the Esmart Analyst Software and any data, information, third-party Esmart Analyst Software, Services, or applications made available in conjunction with or through the Service are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the Esmart Analyst Software or the Service will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention.
10.3 You understand and agree that You use, access, download the Esmart Analyst Software and otherwise obtain or transmit materials, data, or other content while using the Service at your own discretion and risk.
11. Limitation of Liability and Damages.
11.1 Under no circumstances, including, but not limited to, negligence, will MobileArts be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to this Agreement
11.2 In no event will the total liability of MobileArts to You for all damages, losses, and causes of action arising out of or relating to this Agreement exceed the amount paid by You, if any, for accessing the Esmart Analyst Software and the Service during the twelve months immediately preceding the date of the claim or twenty five dollars, whichever is greater.
12.1. MobileArts may provide You with notices, including those regarding changes to this Agreement, by posting the notice through the Service. Notice will be deemed given forty-eight hours after posting.
12.2 The failure of MobileArts to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MobileArts.
12.3 This Agreement will be governed by and construed in accordance with the Turkish laws, without giving effect to any principles of conflicts of law.
12.4 If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12.5 This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MobileArts without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
12.6 Disclosures. The Service and Esmart Analyst Software set forth hereunder are offered by MobileArts LLC., Serbest Liman Gazimagusa, Post Box: 494, TRNC. You may email MobileArts at: firstname.lastname@example.org.