Developers Terms of Service
By checking on the box “I agree to the Mobango terms of service”, you agree to be bound by the Mobango Developers Terms of Service (TOS), you declare that you have all rights to enter into this agreement personally or if you have named a company as developer, on behalf of that company and to bind the developer to this agreement..
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1. GENERAL
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Developer: all individuals, companies and organization developing, uploading, publishing or distributing applications (Applications, Games, Themes) on Mobango.
This is a legal agreement between Developer and Mobango for the services described in these Terms of Services (TOS)
By accepting this TOS, you are also agreeing to our General Terms of Use and Privacy Policy. This TOS is a part of our Terms of Use. To the extent any term of this TOS is inconsistent or conflicts with any term of the (1) Terms of Use, this TOS will control with respect to the subject matter of this TOS or (2) Privacy Policy, the Privacy Policy will control. Capitalized terms used in this TOS but not defined in this TOS have the meanings given to them in the Terms of Use.
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2. DISTRIBUTION OF YOUR APPLICATIONS, GAMES OR THEMES
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Developer hereby grants to Mobango a nonexclusive, worldwide, perpetual, and irrevocable (except as specified below) license to distribute Developer Mobile Applications through the Mobango Service or sites or services of our clients, advertising and distribution partners. The Developer retains its ownership rights for the Mobile Applications, Games or Themes uploaded to the Mobango Site.
The Developer may upload Mobile Application, Games or Themes to the Mobango Site and activate them for distribution to consumers. When copies are deleted and are no longer available through the Mobango Site or services of our partners, Mobango’s license under this TOS to that Mobile Application, Games or Themes will terminate.
All management of Developer Mobile Application, Games or Themes (including uploading and deletion) is subject to the procedures and policies established by Mobango for the Mobango Site, as they may change from time to time, with or without notice.
Mobango reserves all rights to remove from the service any application at any moment, with or without notice
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3. PROMOTION AND DISTRIBUTION SERVICES
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As part of the Mobango Services, we may provide access to our online Promotion services (Mobango Promote, PPD: pay per Promoted Download) through the Mobango Site.
Mobango Promote (MP) program is a tool which allows you to promote Applications, Games or Themes you have uploaded on Mobango. Mobango Promote allows you to generate targeted downloads (per Country and device) of your applications by paying a price equal to or minor than your bid per each download of your item made by Mobango users. Bids are evaluated based on certain factors including, but not limited to, the amount you specify for the bid, the performance of your item, other advertisers’ bids. To participate in the Mobango Promote program you must register as a Developer on Mobango.
- When you create a campaign, your item will be displayed on Mobango web site, on the mobile site or on both. The higher is your bid with respect to other advertisers, as well as its popularity, the higher will be the advertising position.
- The highest positions are displayed in Featured items space (on both web and wap site). Further positions are displayed in the Highlight column (only on web). The number of total positions available and their placement may vary in our sole discretion.
- We may also promote your product on other sites within any page of Mobango sites or our partner sites, with placement and frequency that we determine in our sole discretion.
- You will only pay for the downloads Mobango generates for your application on the country, handset, channel you select.
- Online analytics are available for all active campaigns and developers using the Mobango Promote program.
- 4. CAMPAIGNS
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A campaign is created when you select an item to promote, set a maximum bid per download, set a maximum daily budget, set a start and end dates and define targeting (publish on web, wap or both; set if you want your item to be shown worldwide or only in specific regions and select if you want your item to be shown for all compatible handsets or specific model .
A campaign is active when it is created and your account is funded.
A campaign is accepted if it was displayed at least once in one of the available advertising positions.
A campaign is inactive:
- If your funds are exhausted
- When the end date you set has expired
- If you decide to suspend your campaign
- Upon our sole discretion
- 5. DEFINITION OF DOWNLOAD
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Two kinds of download are defined:
- Each Unique Initiated Download (UID) from the web site (pc download) or from the mobile site. A UID is the action of a user starting to download an item. If the download fails and the user clicks again, our system recognizes it and we guarantee that your account will be not charged more than once.
- Each Send to Locker action both on Mobango web and mobile sites. The Locker is a private space where Mobango users can store the files seen while browsing Mobango web and mobile sites and which they may want to install later on their mobile phone. This space is shared between web and mobile sites allowing a user e.g. to select a file on the web site, store it to his Locker and install it later on his mobile phone.
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6. ACCOUNT AND CHARGING
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In order for a campaign to be active you should have added funds to your account. No minimum amount is required. Funds can be added to your account by purchasing credits through different payment methods including, but not limited to, Credit Cards and PayPal account.
Transactions with both Credit Cards and PayPal are ensured by Web Payments Pro, a service of PayPal, Inc. Therefore your credit card data will NOT be stored on Mobango’s database and will NOT be retained by Mobango LTD. For further information regarding PayPal’s services please refer to Paypal Terms and Conditions.
Once your account has been funded, the residual amount cannot be refunded.
Before adding funds, you should have also entered your data which include, but may be not limited to, your name or company name, your address and an email address for notifications. We charge your account for each download originated by users clicking on items displayed in the advertising positions. Your account will be charged ONLY for incremental downloads originated by users clicking on your item from the advertising spaces (within the Featured Items box or Highlights column) on web or mobile site.
Downloads from the normal listing will NOT be charged.
If the same user, for any reason, downloads the file more the one time, your account will be charged only for 1 download. E.g.: if the same user, for any reason, downloads your promoted item many times, all downloads after the first one will not be charged.
Our tracking software will maintain the official, definitive measurement of your Item performance, and no other measurements (including yours) will be accepted or have any bearing on your obligations under the MP program.
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7. TERMINATION
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This TOS and the licenses granted above are effective on the date Developer checks the box “I Agree to the Mobango Terms of Services” and will continue unless and until this TOS is terminated by either party pursuant to this section or as specified in this TOS. We may terminate this TOS immediately upon notice to Developer if Developer breaches any of the terms of this TOS or any other terms referenced in this TOS. Developer may terminate this TOS at any time, with or without cause, by sending either an email to supportmac@mobango.com with Developer’s name and the subject “TERMINATION OF DEVELOPERS TOS” Upon termination, all existing ad campaigns will be deemed cancelled as provided above, the licenses granted above will terminate
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8. MOBANGO'S DISCLAIMER OF WARRANTIES
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The developer agrees expressly that:
The utilization of the Service is at his\her sole discretion. The Service is provided “AS IS" and “AS AVAILABLE", without any warranty of any kind. Therefore MOBANGO cannot be held responsible in relation to the fruition and availability of the Service. MOBANGO expressly disclaims all warranties of any kind.
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9. LIMITATIONS OF LIABILITY
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MOBANGO services are provided without any implicit or explicit warranty. MOBANGO cannot be held responsible of any harm coming from the inability to access or use of the service, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on MOBANGO. MOBANGO declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. MOBANGO reserves the right to modify the Service at any time, even without notice.
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10. INDEMNITY
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In the event of legal action brought on by third parties in relation to Mobile Applications, Games, Themes submitted, posted, published or otherwise made available through the Service, and/or in relation to any Developer’s' conduct, and/or in relation to the Developer’s violation of the TOS, and/or of the Developer's violation of the rights of others, the User agrees to indemnify MOBANGO, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).