Mobile Posse Terms of Service
The following terms governs your rights and obligations to use Mobile Posse’s applications, content, mobile platforms, web sites and services (the “Service”).
- BY DOWNLOADING, ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE TO BE BOUND BY THESE TERMS.
- YOU UNDERSTAND AND AGREE THAT THE SERVICE IS DESIGNED TO PROVIDE YOU WITH PUSH NOTIRFICATION, TEXT MESSAGES, MMS MESSAGES OR OTHER TYPES OF MESSAGES AND CONTENT. YOU CAN CONTROL SUCH MESSAGING.
- YOU AGREE THAT DISPUTES BETWEEN YOU AND MOBILE POSSE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You may not use the Service if you do not agree to these Terms.
- These Terms. These terms serve as a contract between you and Mobile Posse, Inc. (“Mobile Posse”). There may be times when Mobile Posse offers an extra feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms. Mobile Posse may change these Terms from time-to-time. Mobile Posse will notify you of any material changes to the Terms. You must cancel the Service if you disagree with the changes. Your ongoing use of the Service after the effective date of any change signifies your agreement to the terms.
- About the Service. The Service is a mobile platform that provides you with a seamless, rich experience to get updates on news, features, content of interest and offers directly to your mobile device. Mobile Posse may change or discontinue any aspect of the Service at any time, without notice and without liability to you.
- Operations. Mobile Posse operates the Service in the United States and it has not customized the Service for use in any other country. You must comply with the laws of your jurisdiction when you use the Service.
- Advertising. You understand and agree that the Service is supported advertising, and you agree Mobile Posse may display advertisements through the Service. You acknowledge that Mobile Posse may not always identify paid services, sponsored content, or commercial communications as such.
- Disclaimer on Content. The Service will give you access to content, information, materials and offers provided by Mobile Posse’s vendors and other third parties. You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as containing offensive language or materials. You acknowledge and agree that the Mobile Posse is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials or web sites. Location data provided by or through the Service is for basic navigational or informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. ALL SUCH CONTENT IS “AS IS” AND YOUR ACCESS AND USE SUCH CONTENT AT YOUR OWN RISK.
- Push Notifications and Messaging. You understand and agree that the primary purpose of the Service is to push information to you. As part of the Service, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to your device via the Service (collectively, “Push Messages”). You may control the Push Messages in your device’s or the Service’s settings. Some of the Push Messages may be related to your location or to your use of the Service. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Service’s settings or by deleting the Service, adjusting the Settings of the Service on your device, or emailing email@example.com. Mobile Posse may collect information related to your use of Push Messages.
- You Must Meet Mobile Posse Eligibility Requirements.
- You may use the Service only if you can form a binding agreement with Mobile Posse and only in compliance with these Terms and all applicable law.
- You may not be under the age of 13.
- You must submit complete and accurate information about yourself. You must keep your registration information up-to-date.
- You may not violate the rights of others while using the Service.
- User ID and Password. You agree to keep your User ID and password confidential. You are responsible for all activities under your account, including without limitation, the activities of another person or entity if you give them access to your account. Mobile Posse is not responsible if your account is compromised because you failed to keep your account credentials confidential, such as, if your mobile or computing device is lost or stolen. You must notify Mobile Posse promptly if you believe your account has been compromised. These Terms are binding on anyone who becomes a user of your account.
- Restrictions. When participating in the program you may not:
- Mislead others or post misleading content on your applications that use the Service;
- Infringe on the proprietary rights of Mobile Posse or others;
- Use the Service to engage in objectionable activity or content that is obscene, misleading, defamatory, bigoted, hate-oriented, or violates applicable laws and regulations.
- Use the Service to engage in spamming, SMS, text messaging or sending other forms of unsolicited communications that violate the law;
- Artificially cause clicks or responses to any promotions or advertising served by Mobile Posse on the Service;
- Circumvent protocols or use any other means to gain unauthorized access to Mobile Posse’s computer network, whether through password mining, bots, scripts, or spiders;
- Attempt to scrape or data mine Mobile Posse’s computer networks and databases for any reason;
- Transfer or resell the Service; or
- Reverse engineer, disassemble, decompile or attempt to uncover the source code for or any trade secrets related to the Service.
- Limited License. During the Term, Mobile Posse grants you a limited, non-exclusive, revocable and non-transferable license to install and use the Service for your own use. Mobile Posse and its suppliers reserve all other rights in the Service.
- Ownership. You agree that Mobile Posse or third parties own all legal right, title, and interest in and to the Service, including any intellectual property rights. Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access.
- Responsibility. You are solely responsible for (and that Mobile Posse has no responsibility to you or to any third party for) any breach of your obligations under these Terms, your breach of any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Mobile Posse or any third party may suffer) of any such breach.
- Content Restrictions. The Service may from time to time include features that allows you to share content, such as text, video, images or messages. You may not transmit through the Service any content or materials that:
- Violate the law;
- Violate the privacy and intellectual property rights of others;
- Contain obscenity, harassment, or denigrate others based on religion, gender, sexual preference, age, or race; or
- Promote unlawful conduct.
Mobile Posse or any carrier of your device may suspend performance of the Service (or the service on your device) if such party in good faith believes that you are violating this Section. You own any content that you provide; however, by posting or transmitting content through the Service, you grant Mobile Posse, its carriers and distributors an irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Service.
- You may terminate this Agreement by ceasing your use of the Service.
- Mobile Posse may at any time terminate your access to the Service for any reason.
- Warranties and Disclaimers.
- Warranties. You represent and warrant to Mobile Posse that (i) you have full authority to enter into this Agreement, (ii) you will comply with all applicable laws and regulations (iii) you own the content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and (iv) the posting and use of your content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
- Disclaimer. MOBILE POSSE PROVIDES THE SERVICE “AS IS” AND WITH ALL RISKS. MOBILE POSSE DISCLAIMS 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. MOBILE POSSE FURTHER DISCLAIMS ANY WARRANTY OR GUARANTEES OF RESULTS, THAT THE SERVICE WILL BE AVAILABLE IN ALL PLACES AND ALWAYS, THAT ANY CONTENT IS TIMELY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
- Limitation of Liability. MOBILE POSSE, ITS DISTRIBUTORS, SUPPLIERS, AFFILIATES, SUCCESSORS AND LICENSORS (“THE MOBILE POSSE PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY SUCCESSOR OR HEIR UNDER ANY THEORY OF LIABILITY 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. IN NO EVENT WILL THE MOBILE POSSE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MOBILE POSSE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
- Indemnification. You to defend, indemnify, and hold harmless the other party, its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) your breach of these Terms; (b) your acts or omissions, or (c) misrepresentations made by you.
- Copyright Notice. Mobile Posse has adopted and implemented the Mobile Posse Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. Mobile Posse will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Mobile Posse’s Designated Copyright Agent using the reporting process Mobile Posse makes available to you in Mobile Posse’s Copyright Policy. Please go to Mobile Posse’s Copyright Policy for more information.
- Resolving Disputes Through Arbitration.
- You agree to arbitrate any dispute with Mobile Posse. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
- About Arbitration. The Federal Arbitration Act (“FAA”) governs these arbitration terms. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
- Fees. Except as provided in Section 25.4 below, the AAA rules will govern the payment of filing fees and the AAA’s arbitrator’s fees and expenses. In any arbitration you commence, Mobile Posse will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose.
- Consumer Claims. If you are an individual and use the Services for personal or household use, its Supplementary Procedures for Consumer-Related Disputes will also apply (“Consumer Claim”). For any qualified Consumer Claim, Mobile Posse will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award in a Consumer Claim that is more favorable than any offer Mobile Posse makes to resolve the claim, Mobile Posse will pay you the award or $1,000, whichever is greater, and pay your reasonable and necessary attorneys’ fees and expenses.
- No Class Action Claims. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Mobile Posse will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
- Small Claims. You may also litigate any dispute in small claims court in your county of residence or Fairfax County, Virginia, U.S.A., if the dispute meets all requirements to be heard in the small claims court.
- Claims Must be Filed within One Year. To the extent permitted by law, any claim or dispute must be filed within one year in small claims court or in arbitration. The one-year period begins when the first could be filed or the claim is otherwise barred.
- General Terms.
- Final Agreement. These Terms constitute the entire legal agreement between you and Mobile Posse and governs your use of the Service.
- Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
- Exports. THE SERVICE IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS, AND END USE.
- Assignment. The rights granted in this Agreement may not be assigned or transferred by you without the prior written approval of the other party; provided that this Agreement may be assigned upon notice in the event your business is acquired or merged with another entity.
- Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions. You and Mobile Posse agree to submit to the exclusive jurisdiction of the courts located within the county of Arlington County, Virginia to resolve any legal matter arising from this Agreement.
- Signatures. This Agreement may be executed electronically, which shall have the same force and effect as an Agreement signed in writing. Mobile Posse may provide you with required notices electronically.
- Force Majeure. Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
- Independent Contractors. Each party is an independent contractor of the other. This Agreement does not create a partnership, employment, or joint venture relationship.
- Survival. Sections 1, 5, 14, and 16 to 24 shall survive termination of the Agreement.
- Additional Terms for Apple® Devices. If you install the Service on an Apple® device, the following terms also apply to you. Apple’s App Store Terms of Service apply to any application downloaded from the Apple store or on to an Apple device. You are not entitled to receive any hard copy document, support or telephone assistance from Apple regarding the Service. Apple has no obligation to provide support, updates or maintenance for the Service. You agree that Apple is not liable to you for any product liability claims, consumer law claims, regulatory claims, infringement claims or other claims regarding your use of the Application. You represent you are not located in a country that is subject to embargo by the U.S. government. You agree that Apple and its subsidiaries are third party beneficiaries to this Agreement, and Apple may enforce these terms. If you have any questions or comments, please contact Mobile Posse at:Mobile Posse Service Terms and Conditions
Mobile Posse, Inc.
1010 North Glebe Road, Suite 200
Arlington, VA 22201
Last Updated: 30 December 2016