MOBILE POSSE, INC. TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE YOU INSTALL THE SOFTWARE AND BEGIN USING THE SERVICE. By clicking the “I Agree” button in the CONFIRMING MESSAGE DISPLAYED ON YOUR MOBILE DEVICE AFTER INSTALLATION, or using the Software or the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not click the “I Agree” button and do not use the Software or the Service. You agree that installation of the Software or use of the Service signifies that you have read, understood, and agreed to be bound by these Terms.
Mobile Posse reserves the right to modify these Terms and/or the Software and/or the Service, and may discontinue or revise any or all aspects of the Terms, the Software and/or the Service at any time. Mobile Posse will post a notice of such changes to the Mobile Posse website available at http://www.mobileposse.com. Any changes shall become part of these Terms and shall apply as soon as such a notice is posted. By continuing to use the Software and the Service after the notice is posted, you are indicating your acceptance of such changes.
DESCRIPTION OF SERVICE
Mobile Posse provides a remote content delivery service (the “Service”) that provides users of mobile devices the ability to download, access, and view advertisements, coupons, promotions, content and other information from third party advertisers (the "Advertisements"). Access to the Advertisements through the Service is enabled by Mobile Posse proprietary software that is installed on the user’s mobile device (the “Software”).
You are responsible for obtaining the Software and access to the Service by subscribing through a participating wireless carrier. You must provide, and are responsible for, maintaining an active wireless account with a participating wireless carrier and obtaining all mobile devices and other equipment necessary to access the Service.
GRANT OF LICENSE
Subject to these Terms, Mobile Posse grants to you a non-exclusive, non-transferable, personal right during the Subscription Term (defined below) to use the Software on your mobile device solely for the purpose of accessing and using the Service.
Ownership And Restrictions
These Terms do not constitute a sale of the Software. An express condition of these Terms is that Mobile Posse and its licensors retain all worldwide ownership of and rights, title and interest in and to the Software, and all copies and portions thereof, and the Service, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software, the Service, or copies may exist.
Mobile Posse reserves all rights not expressly granted to you. This Software and the use of the Service is licensed only to you and may not be transferred to anyone without the prior written consent of Mobile Posse. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from the Software. You agree to use the Software and the Service in a manner consistent with any and all applicable laws and regulations and you agree that Mobile Posse shall have no duty to and shall not investigate your use of the Software and the Service or your right to use the Software and the Service. You agree to indemnify Mobile Posse against any claims that your use of the Software and/or the Service violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions. All of the foregoing terms shall survive any cancellation or termination of these Terms.
SUBSCRIPTION, RENEWAL AND CANCELLATION
These Terms and your subscription to the Service are effective on the date you install the Software and accept these Terms and, unless earlier terminated, continue for the term of your subscription as established by the participating wireless carrier (the “Subscription Term”). You may "opt out" or cancel your subscription to the Mobile Posse service: (i) by calling your wireless carrier ’s customer care department; or (ii) at a retail store for your wireless carrier. Mobile Posse will cancel your account within forty eight (48) hours of our receipt of such notification from you. Upon cancellation, Mobile Posse may send you a brief survey requesting information about your experience with the service and the reason you are canceling. In addition, these Terms will terminate automatically without notice from Mobile Posse if you fail to comply with any provision of these Terms. We may cancel or suspend your registered user account for the Service at any time, without cause and/or without notice.
SPONSORS, THIRD PARTIES AND ADVERTISERS
Your use of the Advertisements, or your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Mobile Posse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers through the Service.
LINKS
Mobile Posse may provide, or third parties may provide, links to other websites or resources through the Service. Because Mobile Posse has no control over such sites and resources, you acknowledge and agree that Mobile Posse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mobile Posse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Privacy Policy
Your use of the Service is governed by the Mobile Posse privacy policy that is available at http://www.mobileposse.com/privacy.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, THE SERVICE, AND THE ADVERTISEMENTS IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBILE POSSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MOBILE POSSE MAKES NO WARRANTY THAT (i) THE SOFTWARE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ADVERTISEMENTS, COUPONS OR PROMOTIONS PROVIDED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED, (vi) OR THAT THE SOFTWARE, THE SERVICE, AND THE SERVERS ON WHICH THE SERVICE IS DELIVERED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY ADVERTISEMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ADVERTISEMENTS CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH THE SERVICE ARE NOT ADOPTED OR ENDORSED BY MOBILE POSSE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBILE POSSE, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOBILE POSSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE OR THE SERVICE; (ii) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE OPERATION OF THE SOFTWARE OR THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SOFTWARE OR THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ADVERTISEMENTS PROVIDED THROUGH THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SOFTWARE OR THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
All Advertisements and other materials provided through the Service ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Mobile Posse, the advertisers, or by other parties that have licensed their material to Mobile Posse. Except as specifically provided herein, no Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any Material provided through the Service. Any unauthorized attempt to modify any Material, to defeat security features, or to utilize the Service for other than its intended purposes is prohibited.
Miscellaneous
These Terms are governed by the laws of the State of California, except for its conflict of law provisions. You acknowledge that you have read these Terms, understand them and agree to be bound by them. You also agree that these Terms are the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior or contemporaneous oral or written agreements and any other communications between the parties relating to the subject matter of these Terms. No waiver of any right under these Terms shall be deemed effective unless contained in writing and signed by a duly authorized representative of Mobile Posse, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of these Terms shall remain in full force and effect. The section headings appearing in this Agreement are for the convenience of the parties and do not define or limit the scope or intent of such sections. All communications and notices given pursuant to these Terms will be in the English language. Should you have any questions concerning these Terms, please contact Mobile Posse in writing at the address given below:
Mobile Posse, Inc.
7600 Colshire Drive
Suite 110
McLean, VA 22102