MobSafety Terms and Conditions
- PROTECTION OF MINORS
- USAGE POLICY
- LOCATION BASED SERVICES
- THIRD PARTY APPLICATIONS AND SERVICES
- AVAILABILITY OF SERVICES
- LEGAL PROTECTION AND LIMITATIONS
- ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF MobSafety AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE
These terms can be viewed on the internet at www.MobSafety.com/terms
Effective April 7, 2013
LICENCE TERMS AND CONDITIONS - APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS
These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at http://www.MobSafety.com ("Website") and/ or access, use or download the MobSafety Ranger application (also sometimes referred to under the name of Ranger) ("Application") and any services offered in conjunction with the MobSafety digital application ("Services") as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs, ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks"). The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Mobsafety, Inc. ("we", "us" and "our" as appropriate). We are a limited company incorporated in Canada. Our registered office is at: 1050 W Georgia St. Vancouver, British Columbia, Canada (registered business: MobSafety, Inc.). You can also contact us by email: support@MobSafety.com .
These Terms may be accessed via the Application directly from your Device or on our Website at http://www.MobSafety.com/terms.
1) In the event that you are or become a paying customer of any part of the Application and/ or
Services or any other product part of the MobSafety offering, we will provide to you relevant
information regarding price, delivery procedure and cancellation options on a case by case basis,
before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
2) Once you start using MobSafety, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to 7 days.
3) Each time you attempt to interact with MobSafety, such as when you tag a music track for example, you will send data for which your Network will charge at your usual data rates.
4) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.
5) Certain versions of the Application are distributed in a form that limits the availability of some of the Services that can be accessed from that version and/ or some of the Service features. Such an instance is when the Application imposes a limit on the number of tags or tag attempts that can be made in any period. Details on Services and feature set and any limitations on use for your version of the Application are accessible via the Application from your Device and/ or from the source where you originally obtained the Application.
PROTECTION OF MINORS
To use MobSafety you must have parental consent if you are under 18, you must get the permission of your parent or guardian and the person who pays your mobile phone bills (if different) and get them to agree to these Terms on your behalf before you use MobSafety before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.
You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms. In the event you are reading these terms to provide permission to a minor to use MobSafety, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use MobSafety (where you are the parent or guardian of that person) has parental confirmation to use the services. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.
Even where there is no limit imposed in the Application on the number of websites that can be viewed, you agree to use the Services fairly. This service is meant for non-commercial use only and it is a breach of our usage policy if you send excessive requests that lead to an over-allocation of system resources.
If you breach the usage policy and are using MobSafety via a subscription package, we may immediately terminate your current subscription package by giving you reasonable prior notice, where practicable. We will inform you, free of charge, that you have breached the usage policy and then terminate or suspend your current service account or bring your current subscription period to an end. Specific rules relating to individual subscription packages may be notified on our Website.
When you register on the Website or within the Application, we automatically create a profile for you, which may only be viewable by the other Users if you so choose. By choosing to make your profile public, your username and the time/date of your posts to the public forum, as well as all material you post on your profile, will become visible to any visitor to the Website and/ or the Application. No other personal data is made public by us. If you want to make your profile private, you may update your details on your profile page on the Website and/or Application to reflect your choice where available. MobSafety is available for your personal use only and you may not use MobSafety for any commercial purposes. We may restrict or terminate your access to MobSafety, at any time, without notice, if you are in breach of these Terms.
We may change, suspend or discontinue any aspect of MobSafety at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.
You agree not to misuse MobSafety and, in particular, you agree that you will not: (i) post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex; (ii) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (iii) post or distribute material which is not your own; (iv) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (v) post or distribute any unsolicited advertising material, 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; (vi) defame, harass or stalk others or encourage such behaviour; (vii) harm, or attempt to harm, minors in any way; (viii) impersonate any person or entity or create a false or misleading identity; (ix) access, or attempt to access, the accounts of others; (x) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (xi) collect, attempt to collect, or use other members' personal information; (xii) engage in any activity which adversely affects the ability of other people or systems to use the MobSafety or the internet generally; (xiii) cause any nuisance or cause the operation of MobSafety to be jeopardised or impaired; (xiv) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) modify, adapt, translate, or reverse engineer any portion of MobSafety or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xvi) use the MobSafety for any improper, unlawful or immoral purpose.
LOCATION BASED SERVICES
Where we collect location-based information, we will generally do it on an anonymized basis for the improvement of our Application or Services. You consent to our use of anonymized location based services information collected from you.
Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of MobSafety and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.
It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.
As a separate issue, you may receive contextual advertising from us. Please see the Section on ADVERTISING
THIRD PARTY APPLICATIONS AND SERVICES
MobSafety may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
We reserve the right to deliver advertising to you in conjunction with your use of MobSafety and utilize the processor bandwidth and storage hardware on your Device for this purpose.
Advertising may be contextual, that is it may be sent to you based on your current location or use of MobSafety. Any opt out that you send us in relation to direct marketing communications does not apply to such advertising. In addition, you may receive advertising and promotional information or offers if you respond to a MobSafety prompt on radio or television or in audiovisual or interactive media.
AVAILABILITY OF SERVICES
We will do our best to offer you a smooth service, but we give no guarantees that MobSafety will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.
LEGAL PROTECTION AND LIMITATIONS
You acknowledge that MobSafety (and any other applications) licensed by us to you are our property (and the property of our supplier, MobSafety, Inc. ("MobSafety")). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use MobSafety or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of MobSafety or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of MobSafety to any person.
You agree to not use MobSafety to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt MobSafety or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of MobSafety; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of MobSafety and/ or any Third Party Applications.
You agree to not use MobSafety or export any portion of it in violation of U.S. export regulations.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. list of prohibited or restricted parties.
Any content provided by us as part of MobSafety, including but not limited to ringtones, lyrics, artist information and downloads contains copyrighted material, trademarks and other proprietary rights belonging to us and our licensors. All right, title and interest in and to such content vests in us and our licensors. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.
YOUR USE OF MobSafety IS AT YOUR SOLE RISK. MobSafety IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND MobSafety EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND MobSafety MAKE NO WARRANTY THAT (i) MobSafety WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF MobSafety WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MobSafety WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF MobSafety OR ANY OTHER APPLICATION PROVIDED BY US OR MobSafety WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE MobSafety SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
By using MobSafety, you acknowledge that you will have no recourse against MobSafety.
Under no circumstances will we or MobSafety or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use MobSafety (and any other applications) which we license to you, any content delivered to you or MobSafety, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a 3 month period or the maximum amount of fifteen dollars ($15), whichever is higher.
Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.
You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.
Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
Where we actively promote and sell our products outside of Canada we will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.
These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the MobSafety.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
You may at any time unsubscribe or cancel your MobSafety account, subscription or any other relationship with MobSafety which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that MobSafety will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the MobSafety Services that you have already used or previously committed to.
We may at any time terminate your account or prevent you from gaining access to MobSafety. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to MobSafety, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. In the event you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you.
We will not be liable to you or to any third party for any failure, suspension and/or termination of access to MobSafety in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents. We may provide you with notices regarding MobSafety or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.
These Terms and the relationship between you and us shall be governed by the laws of Canada without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Canada.
"MobSafety" is a registered trademark of MobSafety, Inc.
We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@MobSafety.com.
We may collect, use and/ or maintain records of your personal information such as your name, address, phone number, Membership Data and/ or other unique personal identifier, as the case may be, to provide and facilitate use of MobSafety. The personal information we collect may also be used for the following purposes: for troubleshooting problems and technical or security issues, for detecting and protecting against error, fraud or other criminal activity, to enforce these Terms or as required by any applicable laws, rules or regulations or governmental requirements, for other internal purposes, as otherwise expressly informed at the time of collection, and to keep you informed about our products and services.
We may also maintain and use records of such information to send you updates and news about MobSafety. If you do not want to receive updates, the MobSafety Newsletter or other notifications from us, please let us know by indicating your preference when you register for MobSafety or by emailing us at privacy@MobSafety.com including your original email address when registered. Alternatively, you can opt-out of receiving further communications from us by following the "unsubscribe" instructions located near the bottom of the MobSafety Newsletter, updating your notification preferences on www.MobSafety.com or in the Application, or by using the response mechanism in our communications with you.
Any personal information or content that you voluntarily disclose while using MobSafety or an associated Third Party Application and/ or Site, which can be viewed by other members thereof (for example, on discussion boards, in messages and chat areas, within your public profile page, via messages or third party services etc.), becomes publicly viewable and can be collected and used by others.
We will separately seek your consent to send you direct information or advertising about third party products or services that may interest you and will include unsubscribe information therein.
In addition, if you have any questions regarding privacy, please contact us by email at privacy@MobSafety.com .
Find out how to disable/enable cookies by clicking on the "Manage Cookies" section of the Interactive Advertising Bureau website on the following link http://www.allaboutcookies.org/.
Except as expressly provided herein, absent your prior consent, we do not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with MobSafety:
Advertisers. We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. In these situations, we would only disclose information that could be used to identify you personally with your explicit consent.
Analytics Providers. We may use third parties that we refer to as analytics providers to analyze and track aggregated anonymous statistical information about your general Application and internet usage. MobSafety and/or MobSafety's analytics providers may perform statistical, demographic and marketing analysis of this information for product development purposes and this information may also be used to allow our advertisers to provide, in aggregate, more targeted advertising.
Protecting the privacy of young children is especially important. Personally identifiable information of persons under 13 years of age is collected within MobSafety only with verified parental consent.
In the event that we are acquired by or merged with a third party entity, or sell all or substantially all of our assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred or used.
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF MobSafety AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE
In the event that you are using a Device or Third Party Application provided by Apple, Inc. ("Apple"),
you agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application and/ or the Services;
you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application and/ or Services (if any) to you.
In the event that you are using a Device or Third Party Application provided by AT&T Mobility or any AT&T Affiliate (collectively "AT&T"),
you acknowledge and agree that we, and not AT&T, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
you acknowledge and agree that AT&T has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services;
you acknowledge and agree that in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you may notify AT&T of such failure. Upon notification AT&T will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, AT&T will have no other warranty obligation whatsoever to you with respect to the Application and/ or Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; and
you acknowledge and agree that AT&T, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, AT&T will have the right to (and will be deemed to have accepted the right to) enforce these Terms against you as the third party beneficiary thereof.