TERMS OF SERVICE
Welcome. These Terms of Service (“Terms”) govern your access and use to the websites, applications and services (the “Service”) provided by Mobile Posse, Inc. and its affiliates (collectively, “we” or “us”).
If you do not agree, don’t use the Service.
- This is a contract between you and us. We offer the Service to you subject to these Terms. These Terms are in electronic form, which has the same force and effect as an agreement in writing.
- We will tell you if we make material changes to the Terms. We will post any updates to these Terms on the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using the Service. You understand and agree that your use of any device also is subject to the terms of you mobile carrier.
- We may have supplemental terms for certain features on the Service. You will have an opportunity to review any supplemental terms before you use the extra features. The supplemental terms become part of this agreement.
- We can change or discontinue the Service at any time without notice and without any obligation to you.
- You can use the Service only if you comply with these terms. You must be an adult legally capability to form a binding contract with us. You must comply with all laws that apply when you use the Service. You may not violate the rights of others, including the privacy or intellectual property rights of others. You may not try directly or indirectly (such as by helping others) gain unauthorized access to the Service, “data mine” or scrape data from the Service, or copy or redistribute the content on the Service. We may refuse any services, close accounts of any users, and change eligibility requirements at any time for any reason. You are responsible for any activities on your account, even if you allow others to access the Service on your device. We may take any legal or technical remedies we deem necessary if we believe you are in violation of this section.
- We and our vendors own all rights in the Service. We and, as the case may be, our vendors, own all legal right, title, and interest in and to the Service, including any intellectual property rights in the Service’s technologies or the content provided on the Service. These rights are enforceable under laws protecting intellectual property. We give you a limited license to access and use the Service for your own use and you may not copy, redistribute, make derivative works or resell the Service beyond the limited right we give you.
- We provide the Service “As Is.” WE PROVIDE THE SERVICES “AS IS” AND WITH ALL RISKS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR TIMELINESS OF ANY CONTENT, OR THAT THE SERVICE IS AVAILABLE AT ALL TIMES, ON ANY SPECIFIC DEVICE, OR THAT IT WILL MEET YOUR REQUIREMENTS.
- Our liability to you is limited. WE ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT YOU HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
- You must indemnify us if we are sued because of something you did on the Service. You agree to defend and indemnify us (including our officers, directors, employees and representatives) for any third party claim cased by your breach of these Terms or your acts or omissions.
- If you believe someone is violating your copyrights on the Service, you can notify us by visiting https://mobileposse.com/copyright/. Our copyright notice page implements the copyright notice and takedown procedures detailed in the Digital Millennium Copyright Act and other applicable copyright laws.
- Virginia law governs these Terms. These Terms shall be interpreted under Virginia law. You agree any claim you have against us must be brought solely in a state or federal court located in Arlington or Alexandria counties, Virginia and you waive the right to bring a claim in any other jurisdiction.
- These Terms constitute the entire legal agreement between you and us. If any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. UNITED STATES EXPORT LAWS AND REGULATIONS APPLY TO THIS SERVICE. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SERVICES. You may not assign your rights and obligations under this Agreement to anyone else. You and we are independent contractor of the other. This means that Agreement does not create a partnership, employment, or joint venture relationship. Sections 7 to 14 shall survive termination of the Agreement.
Last Updated: 20 March 2019