Terms and Conditions ("Terms")

Last updated: October 22, 2019

The mobile.fan website (“Website”) operated by Seer Assets, LLC d/b/a MOBILE FAN (“MOBILE.FAN”). Please carefully read these terms and conditions and other applicable terms and documents referenced herein (collectively, the “Terms and Conditions”) before using, or registering with, the Website. By your use of, and/or registration with, this Website, you agree to be bound by, and comply with, the Terms and Conditions without limitation or qualification. These Terms and Conditions are, from time to time, subject to change, modification, addition or deletion without notice in our sole discretion. We will notify you of amendments to these Terms and Conditions by posting them to this Website. By continuing to use the Website and/or Services following such modifications, you agree to be bound by such modifications. If you do not agree with these Terms and Conditions, immediately cease accessing or using this Website.

You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms and Conditions. In certain instances, mobile.fan may require you to provide proof of identity to create your Account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. These Terms and Conditions apply to all visitors, users, and others who access the Services (“Users”).

Description of Services

Our Website provides, for a usage based fee, a platform by which our customers can conduct SMS and MMS promotional marketing campaigns (“Services”). The sole purpose of this Website is to act a platform for our customers, whose own clients will not have access to the Website.

Availability

mobile.fan will use commercially reasonable efforts to make the Services available pursuant to these Terms and Conditions except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. mobile.fan reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.

Accounts

In order to use the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account“). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. mobile.fan reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.

Your Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and that you agree to these Terms and Conditions on the entity’s behalf.

You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify mobile.fan immediately of any breach of security or unauthorized use of your account. mobile.fan will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.

You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, you consent to our using your email address to send you services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

By logging into the mobile.fan Website, using the platform and Services, and/or accessing the information contained therein, you understand and agree that you absolutely may not share your log-in ID or password or any of the information contained within the mobile.fan Services with any third party whatsoever without the explicit written permission of mobile.fan.

Any unauthorized access or use of the mobile.fan Services and the information contained therein, is a violation of mobile.fan’s policies, may result in our suspending or terminating your account, and may subject you to liability.

Ownership, Trademarks and Copyrights

Use of the mobile.fan Materials for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited. These Terms and Conditions do not provide you with title or ownership of any Services or mobile.fan Materials, but only a limited right to use the same solely upon the terms expressly set forth in these Terms and Conditions.

The Website, Services and all materials therein or transferred thereby, (the “mobile.fan Materials”), and all intellectual property rights related thereto, are the exclusive property of mobile.fan and its licensors. You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of mobile.fan or its partners and suppliers, and are protected by United States and international copyright laws. The compilation of any and all content on this Website is the exclusive property of mobile.fan and is protected by United States and international copyright laws. All software used on this site is the property of mobile.fan or its software suppliers and is protected by United States and international copyright laws. Users are granted permission to browse and use this Website for its intended purpose, which is for your use only as a consumer. Except as explicitly provided and permitted herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any mobile.fan Materials or use the content on this Website in any other manner o. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

mobile.fan does not grant, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of mobile.fan. mobile.fan prohibits the use of the mobile.fan logo or other proprietary graphics or trademarks as a link to any Website, unless the creation of such a link is approved in advance, and in writing, by mobile.fan. Registered and unregistered proprietary information is owned and held by mobile.fan and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

mobile.fan is a trademark or trade dress in the United States and/or other countries. mobile.fan’s trademarks and trade dress may not be used in connection with any product or service that is not mobile.fan’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits mobile.fan. All other trademarks not owned by mobile.fan that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, mobile.fan.

Customer materials. You will own and maintain ownership of all of your materials and data (“Customer Materials”). We do not claim any ownership of the Customer Materials that you submit, post, send or display through the Services. Subject to these Terms and Conditions, You grant mobile.fan a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Materials, only as reasonably necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by You. Customer represents and warrants that it has secured all rights in and to Customer Materials from its clients, users, etc. as may be necessary to grant this license. The Customer Materials that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. You retain any and all ownership rights to the Customer Materials that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Customer Materials on or through our Services.

Obtaining TCPA Consent From Your Clients

You expressly agree that you will obtain consent from your clients to be contacted by you, your agents, representatives, affiliates, or anyone calling on your behalf, for any and all purposes arising out of, or relating to, your use of our Website and/or Services, at any telephone number, or physical or electronic address that your clients provide to you or at which they can be reached. You agree that you will obtain consent from your clients for you to contact them in any way including, but not limited to, SMS and MMS messages including text messages, calls using prerecorded messages or artificial voice, and calls and messages that are delivered using an auto telephone dialing system or an automatic texting system, and for automated messages to be played when the telephone is answered, whether it is by your client or another party. You also agree to obtain your clients’ consent, in the event that an agent, representative or affiliate calls on your behalf, to leave a message on their answering machine, voice mail, or send one via text. You agree to obtain your clients’ consent to receive SMS and MMS messages including text messages, calls and messages (including, but not limited to, prerecorded and artificial voice and autodialed) from you, your agents, representatives, affiliates or anyone calling on your behalf, at the specific number(s) they have provided to you, or numbers that you can reasonably associate with them, with information or questions about their transaction. You also agree to have your clients certify, warrant and represent that the telephone numbers that they have provided to you are their contact numbers. You also agree to have your clients warrant and represent that they are permitted to receive calls at each of the telephone numbers that they have provided to you. You agree to have your clients promptly inform you in the event that they stop using any of the telephone numbers provided to you. You agree to inform your clients that their cellular or mobile telephone provider may charge them depending on the terms of their plan with them. You also agree that you will obtain consent from your clients that you, your agents, representatives, affiliates, or anyone calling on your behalf, may contact them by e-mail, using any e-mail address that they have provided to you or that they may provide to you in the future. You also agree to inform your clients that it is also possible that you, your agents, representatives, affiliates, or anyone calling on your behalf, may listen to and/or record phone calls between them and your representatives without notice to them, as may be permitted by applicable law. Finally, you agree to inform your clients of their right, at any time, to opt out of receiving such messages and how to do so. Any failure to do any of the above is a material breach of these Terms and Conditions.

Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW, ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON, OR THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. SUBJECT TO THE FOREGOING, mobile.fan DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. mobile.fan MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. mobile.fan DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM mobile.fan WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. mobile.fan MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. mobile.fan DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.

mobile.fan DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY OF YOUR MATERIALS, COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS.

mobile.fan shall not be a direct party to any transaction between you and your client, and is not making any representations or warranties about you to any of your clients. You are not an employee of mobile.fan, nor are you in any way related to mobile.fan.

mobile.fan shall not be responsible for verifying any information provided by you, nor does mobile.fan guarantee the reliability or accuracy of such information. Despite this, mobile.fan reserves the right, in its sole discretion, to perform a check on you and to review your use of this Website to insure compliance with these Terms and Conditions. In the event that mobile.fan determines that you have violated any of these Terms and Conditions, mobile.fan shall have the right, at its discretion, to immediately cease your use of this Website without a refund and to bar you from using this Website.

mobile.fan does not guarantee the performance of either you or your client. mobile.fan shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, as a result of your use of this Website and the Services. mobile.fan shall not be responsible for dealing with any issues that may arise between you and your client. It shall be the sole responsibility of you and your client to resolve any such issues. mobile.fan is not responsible for your privacy and security practices.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

YOU AGREE THAT mobile.fan HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR SERVICES. YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER mobile.fan NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, AND THEIR RESPECITVE HEIRS, PREDECESSORS, SUCCESSORS AND ASSIGNS, WHETHER EXISTING NOW OR IN THE FUTURE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF mobile.fan IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, mobile.fan ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE FEES AND OTHER CHARGES WHICH mobile.fan IS CHARGING UNDER THESE TERMS AND CONDITIONS DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY mobile.fan OF THE RISK OF YOUR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. IN NO EVENT SHALL mobile.fan, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO mobile.fan HEREUNDER OR $1,000.00, WHICHEVER IS GREATER.

The Services are controlled and operated from facilities in the United States. mobile.fan makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

Compliance with All Applicable Laws

You warrant and represent that your use of our Website and Services shall comply with all applicable laws and regulations including, but not limited to, federal, state, local, EU and foreign countries. You, and you alone, are responsible for determining your obligations under such laws and regulations including, but not limited to, the aforementioned TCPA, the Digital Millennium Copyright Act, the Communications Decency Act (DMCA), HIPPA, the Children’s Online Privacy Protection Act (COPPA) and state COPPA laws, the Video Privacy Protection Act, the Computer Fraud and Abuse Act, the California Consumer Privacy Act (CCPA), and the EU’s General Data Protection Regulation (GDPR) and individual EU countries’ implementation of the GDPR. mobile.fan shall not be responsible for your failure to comply with any laws and regulations to which you may be subject in the course of utilizing our Website and Services.

Confidential Information

“Confidential Information” means any and all confidential or proprietary information regarding the disclosing party or its businesses which may include without limitation: (a)  trade secrets; (b) ideas, samples, media, works of authorship, models, products and services (current, future, and proposed) experimental work, development, design details and specifications, financial information; and (c) all other information that the receiving party knew, or reasonably should have known, was the Confidential Information of the disclosing party; provided, however, “Confidential Information” shall not include information: (a) that was independently developed by the receiving party in a manner not otherwise in violation or breach of these Terms and Conditions; (b) that was rightfully known to the receiving party prior to receipt from the disclosing party; or (c) becomes generally available to the public or known to the receiving party by any means, including from a third party, not involving breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of mobile.fan’s APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Website and Services is deemed to be Confidential Information of mobile.fan. The receiving party agrees that at all times and notwithstanding any termination or expiration of these Terms and Conditions it will hold in strict confidence and not disclose to any third party any Confidential Information of the disclosing party, except as approved in writing by the disclosing party, and will use the Confidential Information of the disclosing party for no purpose other than as contemplated herein. The receiving party (whether you or us) will protect the confidentiality of the disclosing party’s Confidential Information with the same degree of care, but no less than reasonable care, as used to protect receiving party’s own confidential information of a similar nature. Each party will limit the distribution and communication of such Confidential Information only to employees or agents of the receiving party or the receiving party’s affiliates with a need to know for the purposes contemplated by these Terms and Conditions. If receiving party is required pursuant to a legal proceeding or other legal or regulatory requirement to disclose any Confidential Information, reasonable prior notice will be given to the disclosing party in order to contest or limit such disclosure. Each party agrees that the other party may suffer irreparable harm if a party fails to comply with its obligations set forth herein (including other obligations pertaining to intellectual property rights, and the parties agree that the non-breaching party will, in addition to any other remedies available at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof as well as seek specific performance, immediately and without the necessity of posting a bond.

Third Party Websites

You agree that mobile.fan encourages you to exercise discretion browsing the internet. Our Website or Services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. mobile.fan and its affiliates make no representation or warranty about the legality of any third party Website, nor as to its accuracy, content, products or services. Any such Website is independent from mobile.fan, and mobile.fan has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between mobile.fan and another website further does not mean that mobile.fan endorses, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website and you understand that these Terms and Conditions and mobile.fan’s Privacy Policy do not apply to your use of such sites. mobile.fan expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party not under the mobile.fan domain, or the goods or services offered by, or the content displayed by, any such third party.

Use Restrictions

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to, or through, this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, abusive, harassing, pornographic or profane material, any copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. mobile.fan reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

Termination of Use of This Website

You agree that any violation of these Terms and Conditions; the unauthorized use of this Website, content materials and intellectual property; as well as any fraudulent, abusive or otherwise illegal activity, shall be grounds for termination of your right to access, browse and use this Website. mobile.fan reserves the right, in its sole discretion, to terminate, suspend or restrict your access to this Website and its content and use at any time, with or without notice and without any obligation to refund any portion of fees paid for any product or service. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by mobile.fan.

Product Descriptions

mobile.fan attempts to be as accurate as possible. However, mobile.fan does not warrant that service descriptions, or other content on this Website, is accurate, complete, reliable, current or error free.

Limited Availability and Price

In the event a usage rate for our service is listed at an incorrect price due to a typographical error, mobile.fan shall have the right to refuse, or to cancel, any service listed at the incorrect price. mobile.fan shall have the right to refuse, or to cancel, any transaction at any time. mobile.fan will refund your credit card or bank account if it was charged for a transaction that was then canceled or refused by mobile.fan.

Representations and Warranties

You represent and warrant that: (a) you have the right, power and authority to enter into and to perform pursuant to these Terms and Conditions, including granting to mobile.fan any licenses hereunder for the purposes contemplated herein; (b) none of your content, in mobile.fan’s sole discretion, (i) is defamatory, libelous or obscene, or contains pornography or is sexually explicit (ii) violates or infringes upon the rights of others, including the right of privacy or publicity of any person or any of your confidentiality obligations or other obligations under these Terms and Conditions, (iii) promotes illegal activities or communicates hate or discrimination based on race, sex, religion, nationality, sexual orientation or age, (iv) contains materials that promote or glorify violence, firearms or other weapons, (v) contains materials promoting gambling or sales or use of alcohol, tobacco or firearms, is misleading or deceptive, or (vi) violates any applicable laws, regulations or self-regulatory guidelines.

Payment

Billing Policies. Certain aspects of the Services may be provided for a set fee, monthly or annual subscription, or other charge (“Fees”). You agree to the pricing and payment Terms as we may update them from time to time. mobile.fan may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or at the end of your current subscription.

mobile.fan does not currently have a platform fee that it charges its customers. mobile.fan’s charges are currently only usage based. At the conclusion of each day, mobile.fan runs reporting that tallies up each customer’s usage by category, which charges are then posted to their account.

Please note that any payment terms presented to you in the process of using or signing up for Services are deemed part of these Terms and Conditions. mobile.fan uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. mobile.fan reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. In the event that your credit card is replaced with a new card, mobile.fan is authorized to deduct your charges against the new credit card. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize mobile.fan to withhold any monies and/or debit any monies from any account that you have identified to mobile.fan for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to mobile.fan. In certain limited instances, mobile.fan may allow a customer to utilize this Website without first placing a valid credit card on file. In those instances, an invoice will be provided to the customer, at which time the customer must immediately provide payment via wire/ACH.

Except and unless otherwise, stated herein, mobile.fan does not have a refund policy and will not issue refunds to any customers.

Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases, except for those taxes based on mobile.fan’s net income.

California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

DMCA Notice

We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then

You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by mail to:

mobile.fan
Attn: Records Custodian
c/o Registered Agent
3783 Hylan Blvd
Staten Island, NY 10308

Revisions

mobile.fan may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. mobile.fan shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. mobile.fan also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website and the Services at any time. All revisions will be posted on these Terms and Conditions and, unless you are in the EU, will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website or through the Services, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage Users to review these Terms and Conditions each and every time you visit this Website or access the Services to remain informed of any changes to them. If you are in the EU, you will have to affirmatively provide your consent to any such changes before using the Services.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy

The privacy of those who visit our Website is of primary concern to mobile.fan. We adhere to the highest ethical standards of the industry. By using this Website and/or the Services, you agree that you have reviewed and accepted our privacy policy, the most updated copy of which can be found at https://mobile.fan/legal/privacy ("Privacy Policy"). We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain our relationship with you. We are not responsible for your privacy and security practices, especially with respect to your clients. The Privacy Policy does not cover the information practices exercised by any third parties that mobile.fan does not own or control.

Disclosure to Authorities

mobile.fan cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize mobile.fan to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose mobile.fan to legal liability.

Indemnification

You agree to indemnify, defend and hold harmless mobile.fan, and all of its parents, affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, attorneys, representatives, and their heirs, predecessors, successors and assigns, whether existing now or in the future, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use or alleged use of this Website or any breach by you of these Terms and Conditions, or the representations, warranties and covenants made by you by your agreeing to these Terms and Conditions. mobile.fan reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this provision and, in such an event, you agree to fully cooperate with mobile.fan’s defense of such matter. mobile.fan’s assumption of the defense and control of any such matters shall not abrogate any of your obligations hereunder.

Enforceability, Governing Law and Jurisdiction

These Terms and Conditions constitute the entire agreement between you and mobile.fan with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. Any action arising from, or relating to, these Terms and Conditions must be brought exclusively in the state and federal courts located in New York County, New York. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the New York County, New York, for the adjudication of all claims. You agree to waive any and all objections that you may have to New York law as the governing law and to the sole and exclusive venue being New York County, New York.

mobile.fan’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by mobile.fan in writing. You acknowledge and agree that you will not seek to litigate any claims against mobile.fan or any of its affiliates, existing now or in the future, on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Limitations on Actions

Unless prohibited by applicable law, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.

Miscellaneous

Jurisdictional Issues. We control and operate the Website and Services from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Website and Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Website or Services are appropriate or available for use in other locations. If you choose to access the Website or Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mobile.fan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.

Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms and Conditions regardless of the cause of such termination.

Force Majeure. Neither party shall be liable to the other party for any delay or failure of said party to perform its obligations hereunder (except for payment obligations) if such delay or failure arises from any cause or causes beyond the reasonable control of such party. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by either party in providing required resources or support or performing any other requirements hereunder.

CONTACT US

If you have any questions about these Terms, please contact us: