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| TERMS OF USE AGREEMENT - USERS |
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| INTRODUCTION |
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By clicking the "I Agree" button or by utilizing the Zad Mobile corporate website (www.zadmobile.com, the "Site"), you agree to be bound by these terms and conditions. This is a legal agreement ("Agreement," and is also referred to as the "Terms of Use") between you and Zad Mobile, Incorporated ("Company"). "You" refers to the individual or organization that accesses the Site. If you do not agree to all of the terms and conditions contained in the Terms of Use, click the "Cancel" button and do not access or use the Zad Mobile Services or the Zad Mobile Site.
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| This agreement may be amended at any time by the Company without specific notice to you. The latest Agreement will be posted on the Site and you should review this Agreement prior to each use of the Site. |
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| DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE |
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The Company operates a mobile advertising network including the Zad Mobile Site that allows advertisers to deliver advertisements to a base of wireless subscribers. By registering, the individual or the organization and its representatives will become users ("Members") of the Services.
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| You represent and warrant that you have adequate legal capacity to enter into a binding agreement such as this Terms of Service. To access our Services, you may be required to provide information to the Company, such as name, email address and company name ("Registration Information") as well as payment collection data ("Payment Information"). If you register for any Services, you agree to provide accurate and complete Registration and Payment Information and you agree to keep such information current. |
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| You agree to use the Services only to create, manage and distribute advertisements in an appropriate manner as related to the particular Services being accessed or used. As some examples of improper activities when accessing or using the Company's services or Site, you agree that you shall not: |
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* Acquire, aggregate, mine or engage in any other activity to obtain personal billing, performance, or contact information about others. |
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* Use or attempt to gain access to another's account, password, Service whether through hacking, password mining or any other means. |
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* Access or attempt to access any advertisers, publishers or operators that you are not authorized to access through any means not intentionally made available through the Site or Services. |
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* Disrupt, interfere or inhibit any other user from using and enjoying the Site or Services provided by the Company |
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| NONTRANSFERABLE |
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| Your right to use our Services and Site is not transferable. Any password or right given to you to use our Services and Site is not transferable. |
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| PRIVACY POLICY |
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| The Company will use and protect your data in accordance with our Privacy Policy. |
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| EDITING, DELETING AND MODIFICATION |
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| We reserve the right in our sole discretion to change, edit or delete any Services, documents, information or other content appearing on the Site. |
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| ACCESS TO SERVICES |
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| You are responsible for obtaining your own Internet access, such as maintaining computer hardware and other equipment needed for access to and use of our Services and Site. Any communication and technology charges incurred by You to use the Zad Mobile Services and Site are your responsibility. |
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| WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY |
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| WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN " AS IS" AND "AS AVAILABLE" BASIS. ZAD MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZAD MOBILE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANIZATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE ORGANIZATION’S OR MEMBER’S SOLE RISK. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OUTCOME OF ANY ADVERTISING CAMPAIGN, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. Since some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to the Member. In that event, such warranties are limited to the minimum warranty scope and period allowed by allocable law. |
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| LIMITED LIABILITY. IN NO EVENT SHALL ZAD MOBILE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS. Since some states and jurisdictions do not allow limitation of liability, the above limitations and exclusions set forth above may not apply to You. In that event, such warranties are limited to the minimum warranty scope and period allowed by allocable law. |
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| INDEMNIFICATION |
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| You agree to indemnify, defend and hold the Company and their respective directors, officers, shareholders, employees, agents, attorneys harmless from any liability loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or violation of this Agreement. |
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| TERMINATION AND EXPIRATION |
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| Unless otherwise agreed in a separate written agreement, either Company or Member may immediately terminate this Agreement with notice. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination, Member agrees to pay all outstanding debt to Company in full within thirty (30) days, and honor all outstanding transactions. |
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