Subject to the terms of the Acceptable Use Policy below, MobileRQ, Inc. (“Company”) grants you (“You” or “Your”) a non-transferable, revocable, non-exclusive, royalty-free, limited license to use the Site, the Service, the Mobile SDKs, the MobileRQ APIs, and any data, reports, information and analyses (“Company Content”) that Company makes available to You. You acknowledge and agree that You do not have title or interest in the Site, the Service and any software, applications, data, methods of doing business or any elements thereof. No part of the Site or other Company Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Company Content or any portion thereof. Company reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, the Service, the Company Content or other Company technology or materials. You may not take any action that imposes an unreasonable or disproportionately large load on the Company infrastructure. In addition, MobileRQ’s SDKs and APIs may not be altered under any circumstances.
Acceptable Use Policy
The following terms and conditions constitute the binding legal agreement (this “Agreement”) between MobileRQ, Inc. and You, the User (as defined below) of the MobileRQ website (the “Site”) and the MobileRQ mobile platform service (the “Service”). You and Company may also be individually referred to herein as a “Party” and collectively as “Parties.” You agree to use the Site, the Service and any additional products and/or services offered by Company in the future only in accordance with this Agreement. You must be 18 or older to use this Site and this Service. Your use of the Site and the Service indicates Your acceptance of this Agreement, including any modification thereof. If You do not agree to the terms and conditions contained within this Agreement in their entirety, You are not authorized to use the Site or the Service in any manner or form whatsoever.
Background and Use of the Site and the Service.
Company delivers content, including images and text (“Creatives”), and mobile push messages (“Messages”) in connection with marketing campaigns run by You or by Agencies on behalf of you. These Creatives and Messages are organized into campaigns (“Campaigns”) and are targeted based on detailed descriptions of the mobile apps’ current context (“Audience”), current time (“Schedule”), and current location (“Geolocation”). Company provides software (“Mobile SDK and API”) for inclusion in Your mobile app (“Mobile App”) or other data in order to collect context and deliver Creatives and Messages (collectively “Content”) within the mobile app or other device. Company provides the Site and Service allowing You to manage Content, Audiences, Schedule, Geolocation, and run Campaigns. Company automates Campaigns by delivering Content to Your Mobile Apps which include Mobile SDK when the context matches Audience, Schedule, Geolocation defined by Campaign.
Content Policies and Licenses.
Only Content which adheres to Company’s Content Policy may be utilized in connection with the Site and Service. Company reserves the right to terminate this Agreement and/or withhold delivery of Content to Your Mobile App or devices if it does not adhere to the Content Policy. Your Content must not promote, advocate, facilitate or otherwise include any of the following:
- Racial, ethnic, political, hate-mongering or otherwise objectionable content;
- Any illegal activity whatsoever (including any violations of applicable U.S. state or federal law or regulation or the laws of any other jurisdiction in which You operate);
- Violence or profanity;
- Pornographic, obscene, sexually explicit or related content;
- Material that defames, abuses, is libelous, is tortious or threatens physical harm to others;
- Confidential information of any third person;
- Material that impersonates any person or entity;
- Any indication that any statements You make are endorsed by Company without Company’s specific prior written consent;
- Promotion of illegal substances or activities;
- Material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation;
- Content which is inappropriate or harmful to children;
- Promotion of terrorism or terrorist-related activities, sedition or similar activities.
Company reserves the right to reject or remove from its Site or Service any Content that does not comply with its policies, including policies set out in Section 2 above. In addition, Company reserves the right within its discretion to reject or remove from its Site or Service any Content which it deems inappropriate.
Company reserves the right to monitor traffic for invalid activity. If Company suspects that Your account has been used in an invalid manner Your account may be deactivated. Company reserves sole judgment in determining invalid activity. When invalid activity is suspected, it is the obligation of User to prove to Company that User has not engaged in invalid activity.
Representations and Warranties.
You represent and warrant that:
(a) Your User Content is, and shall remain at all times in compliance with all applicable laws and do not contain or promote, or link to another location that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content;
(b) Your User Content is, and shall remain at all times in compliance with all applicable rules and policies, including policies set out in Section 2 (above);
(c) Your User Content is, and shall remain at all times in compliance with any other applicable rules and policies set forth and communicated to You by Company;
(e) You own, or have all necessary rights and permissions to use and distribute all content, copyrighted material, products, data and services displayed on or through Your Content;
(f) You have the right, power, and authority to enter into this Agreement and grant the rights
(g) You will not attempt in any way to modify or render inoperable or ineffective the Mobile SDK and API, source code, links, pixels, modules, data or Company Content provided by Company;
(h) You will not “frame” or “mirror” any part of the Site and/or Service, without our prior written authorization;
(i) You acknowledge that Company does not make any specific or implied promises as to the successful outcome of any Campaigns or the Service;
(j) If You are notified that invalid activities may be occurring in connection with Your account and You take no action to stop these activities, then You will be responsible for all associated legal fees and damages resulting from these activities;
(k) You agree to comply with the technical specifications provided by Company to enable proper display of the Content in connection with the Service;
(l) You agree to provide Company with accurate, complete, and updated registration information, as required by Company;
(m) You agree to maintain the confidentiality of Your password;
(n) If instructed to do so by Company, You will immediately discontinue the use of any Company Content.
Contact Us: To contact us with any questions, comments, or suggestions, please email us at firstname.lastname@example.org or write to us at MobileRQ, Inc., 220 NW 8th Ave.th, Portland, Oregon 97209
Effective July 1st, 2013
Updated February 24th, 2016