Mobile Roots Political Campaigns
Terms of Service
Terms of Service
By using the Mobile Roots web site ("Service"), all services of Mobile Roots, LLC. ("Mobile Roots"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Mobile Roots reserves the right to change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.MobileRoots/terms/ Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk.
Account Terms
1. You must be 18 years or older to use this Service.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. You are responsible for maintaining the security of your account and password. Mobile Roots cannot and will not be liable for any loss or damage from your failure to comply with your security obligation.
4. You are responsible for all Content posted and activity that occurs under your account, even when Content is posted by others who have access to your account.
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
1. A valid credit card is required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Mobile Roots will provide coordination with Apple to approve your application. There is a high likelihood of approval, but Mobile Roots does not and cannot guarantee acceptance by Apple and publishing to the iTunes Connect store. If your application is denied by Apple you may cancel your account, however there are no refunds on setup fees. All liability is limited to payments sent to Mobile Roots. The purchasing party agrees that this is not a mission-critical application and no defect or outage affects mission-critical capabilities. In the event of an application outage, inability to publish in the Apple Store or down time for any reason, the purchaser agrees damages to their company is limited in refund to the purchase costs of the application.
Indemnification and Limitation of Liability
1. You agree to defend, indemnify and hold harmless company, and company’s parent, affiliates, divisions, successors and assignees and their respective partners, shareholders, officers, directors, managers, employees, agents and invitees (referred to collectively as the “indemnified party”) and each of them from and against any and all claims, demands, suits, actions, liabilities, and/or actions asserted by any person, individually or through any representative, including all costs, attorney's fees, settlement funds, damages or expenses resulting or allegedly resulting or arising from (i)any breach of this agreement by consultant, (ii)the violation or nonperformance of any covenant or condition hereof, (iii)any actual or alleged violation by consultant, or consultant's employees, contractors or agents, of any patent, intellectual property rights or licenses relating to the equipment supplied or services performed by consultant, (iv) and any claim brought against company arising out of the delivery and provision of services by consultant or consultant’s employees, contactors, agents or third parties, including without limitation any and all actual or alleged injuries or death of any person or damage to any property (the “indemnified liabilities”), even if such indemnified liabilities are caused by the sole or contributory negligence of an indemnified party.
2. Neither party shall be liable to the other or any other person for any indirect, incidental, consequential, punative or special damages whatsoever (including without limitation, any damages claimed for loss of income, revenue, or profits, or for loss of goodwill) arising from or related to services provided pursuant to this agreement.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to support@mobileroots.biz. Cancellations by phone or sent to any other email address will not be considered valid.
2. Upon cancellation all of your content will be deleted from the Service.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Mobile Roots, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mobile Roots service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.
5. Mobile Roots reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Mobile Roots reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobile Roots Site (www.mobileroots.biz) or the Service itself.
3. Mobile Roots shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. From time to time, Mobile Roots may issue an update to the Mobile Roots application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Mobile Roots will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded remain yours. However, by using the Mobile Roots application to create your iPhone Application, you agree to allow others to view and share your Content.
2. Mobile Roots does not pre-screen content, but Mobile Roots and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The Mobile Roots application and services of Mobile Roots are owned by Mobile Roots. The look and feel of the Service is copyright 2010 Mobile Roots, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the intellectual property, code or visual design elements without express written permission from Mobile Roots.
4. You shall be solely responsible for securing and paying for all digital licenses, and any other licenses required in connection with your Content in your Mobile Roots application.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only available via email. The technical support email address is help@mobileroots.biz
3. You understand that Mobile Roots uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fluidcorp, or any other Mobile Roots service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mobile Roots.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobile Roots customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Mobile Roots) of other Mobile Roots customers, additional charges will apply. Currently the charge is $.25/gb per month over 5 GB. Mobile Roots reserves the right to change the overage charge at any time.
12. Mobile Roots does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Mobile Roots 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 Roots has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Mobile Roots to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mobile Roots and govern your use of the Service, superceding any prior agreements between you and Mobile Roots (including, but not limited to, any prior versions of the Terms of Service).
15. Purchasing Mobile Roots Service constitute's your agreement with Apple's Terms of Service. (http://www.apple.com/legal/itunes/appstore/us/terms.html). You also agree that a violation of the Apple Terms of Service is a violation of Mobile Roots Terms of Service. Additionally, Mobile Roots reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms.
16. Questions about the Terms of Service should be sent to support@mobileroots.biz.
By using the Mobile Roots web site ("Service"), all services of Mobile Roots, LLC. ("Mobile Roots"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Mobile Roots reserves the right to change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.MobileRoots/terms/ Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk.
Account Terms
1. You must be 18 years or older to use this Service.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. You are responsible for maintaining the security of your account and password. Mobile Roots cannot and will not be liable for any loss or damage from your failure to comply with your security obligation.
4. You are responsible for all Content posted and activity that occurs under your account, even when Content is posted by others who have access to your account.
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
1. A valid credit card is required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Mobile Roots will provide coordination with Apple to approve your application. There is a high likelihood of approval, but Mobile Roots does not and cannot guarantee acceptance by Apple and publishing to the iTunes Connect store. If your application is denied by Apple you may cancel your account, however there are no refunds on setup fees. All liability is limited to payments sent to Mobile Roots. The purchasing party agrees that this is not a mission-critical application and no defect or outage affects mission-critical capabilities. In the event of an application outage, inability to publish in the Apple Store or down time for any reason, the purchaser agrees damages to their company is limited in refund to the purchase costs of the application.
Indemnification and Limitation of Liability
1. You agree to defend, indemnify and hold harmless company, and company’s parent, affiliates, divisions, successors and assignees and their respective partners, shareholders, officers, directors, managers, employees, agents and invitees (referred to collectively as the “indemnified party”) and each of them from and against any and all claims, demands, suits, actions, liabilities, and/or actions asserted by any person, individually or through any representative, including all costs, attorney's fees, settlement funds, damages or expenses resulting or allegedly resulting or arising from (i)any breach of this agreement by consultant, (ii)the violation or nonperformance of any covenant or condition hereof, (iii)any actual or alleged violation by consultant, or consultant's employees, contractors or agents, of any patent, intellectual property rights or licenses relating to the equipment supplied or services performed by consultant, (iv) and any claim brought against company arising out of the delivery and provision of services by consultant or consultant’s employees, contactors, agents or third parties, including without limitation any and all actual or alleged injuries or death of any person or damage to any property (the “indemnified liabilities”), even if such indemnified liabilities are caused by the sole or contributory negligence of an indemnified party.
2. Neither party shall be liable to the other or any other person for any indirect, incidental, consequential, punative or special damages whatsoever (including without limitation, any damages claimed for loss of income, revenue, or profits, or for loss of goodwill) arising from or related to services provided pursuant to this agreement.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to support@mobileroots.biz. Cancellations by phone or sent to any other email address will not be considered valid.
2. Upon cancellation all of your content will be deleted from the Service.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Mobile Roots, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mobile Roots service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.
5. Mobile Roots reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Mobile Roots reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mobile Roots Site (www.mobileroots.biz) or the Service itself.
3. Mobile Roots shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. From time to time, Mobile Roots may issue an update to the Mobile Roots application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Mobile Roots will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded remain yours. However, by using the Mobile Roots application to create your iPhone Application, you agree to allow others to view and share your Content.
2. Mobile Roots does not pre-screen content, but Mobile Roots and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The Mobile Roots application and services of Mobile Roots are owned by Mobile Roots. The look and feel of the Service is copyright 2010 Mobile Roots, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the intellectual property, code or visual design elements without express written permission from Mobile Roots.
4. You shall be solely responsible for securing and paying for all digital licenses, and any other licenses required in connection with your Content in your Mobile Roots application.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only available via email. The technical support email address is help@mobileroots.biz
3. You understand that Mobile Roots uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fluidcorp, or any other Mobile Roots service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mobile Roots.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mobile Roots customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Mobile Roots) of other Mobile Roots customers, additional charges will apply. Currently the charge is $.25/gb per month over 5 GB. Mobile Roots reserves the right to change the overage charge at any time.
12. Mobile Roots does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Mobile Roots 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 Roots has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Mobile Roots to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mobile Roots and govern your use of the Service, superceding any prior agreements between you and Mobile Roots (including, but not limited to, any prior versions of the Terms of Service).
15. Purchasing Mobile Roots Service constitute's your agreement with Apple's Terms of Service. (http://www.apple.com/legal/itunes/appstore/us/terms.html). You also agree that a violation of the Apple Terms of Service is a violation of Mobile Roots Terms of Service. Additionally, Mobile Roots reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms.
16. Questions about the Terms of Service should be sent to support@mobileroots.biz.
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