Terms of Use

IMPORTANT - READ THE FOLLOWING CAREFULLY BEFORE USING OUR SERVICE.

Thank you for visiting our Service. These Terms of Use govern your visit, use of our Service, and interactions with our Service and other Users.

By accessing, utilizing or registering with any service provided by iMobile-Audio, you become a “User” and acknowledge and agree to accept all Policies and Terms of Use. In order to access certain aspects of the Service or perform certain functions you will have to register and become a “Member” of our Service.  As part of the registration process for Membership you will be asked to review those portions of the Terms of Use intended for Members and asked to confirm your assent to them. By clicking “create account”, you confirm that you have read these Terms of Use, that you understand them, and that you agree to be bound by them. iMobile-Audio may, in its sole discretion, modify, amend or revise these Terms of Use at any time, and from time to time. Although we may notify you when material changes are made to these Terms of Use, you should periodically review the up-to-date version at www.iMobileAudio.com/terms-of-use.  Your continued use of iMobile-Audio indicates your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please delete your account and discontinue the use of any services provided by iMobile-Audio. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, policies and warranties set forth in these Terms of Use. If you are using or creating a User profile on iMobile-Audio as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Terms of Use refers to the representative, your company and or the legal entity.

iMobile-Audio, LLC ("iMobile-Audio") offers this Service (defined below) to you, the user, (“You”, “User”, “Visitor” or “Member”, as appropriate (You or User refers to both Visitors and Members)) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the “Terms of Use”). iMobile-Audio reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. We will provide notice of any changes to these Terms of Use on our homepage; however, it is your responsibility to periodically check these Terms of Use for changes. If you do not agree to these Terms of Use, please delete your account and discontinue the use of any services provided by iMobile-Audio. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

Finally, these Terms and Conditions contain a binding arbitration clause and class action waiver at section 28 that impact your rights about how to resolve disputes. Please read carefully.

1.     Definitions.

a.     “Service” means all services provided by iMobile-Audio including all information, software, products and services available from through our websites, mobile applications, desktop applications, or offered as part of or in conjunction with the same.

b.     “Content” means (i) any work of authorship on a user profile page, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials published on or transmitted through any user profile page on iMobile-Audio. “Your Content” or “Member Content” is any Content that you submit to iMobile-Audio. If you are a member of iMobile-Audio, Your Content includes the name, logo, trademark, brand features and other Content that you make available.

c.      “Member” is a user who creates, manages and operates an account on iMobile-Audio.

d.     “Member Data” means all data collected from an account or Member and includes registration information (including the Internet protocol (IP) address used by a Member at the time of registration), profile data, answers to iMobile-Audio profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Network.

e.     “User” means any end user of iMobile-Audio, and includes a user profile creator, Member, Third Party Entity, and any unregistered user or browser.

f.       “Vendor” means a professional, business entity, unincorporated association, company, organization and all other entities that conduct business with iMobile-Audio or that have entered into an engagement to do business with iMobile-Audio to provide services or support iMobile-Audio’s web and mobile service.

g.     “Third Party” means people, professionals, companies, organizations and all other entities that are conducting business with iMobile-Audio or that have established partnerships with iMobile-Audio to provide services or support iMobile-Audio’s web and mobile service.

h.     “Third Party Technology” means technology that is licensed to you by third parties, including technology that is subject to “open source” licenses, which means any technology licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the technology licensed under such license, requires that the distributor make the technology available in source code format, and including the General Public License.

i.       “Powered” means all technologies that are provided through the iMobile-Audio web and mobile service.

2.     Overview of Service. iMobile-Audio is an online service provider that provides a set of technology services that enable users to create custom web profile pages.  The custom web profile pages can display personal information, images, graphics, audio, music, videos, forms of digital content and third party links not affiliated with iMobile-Audio. Members will have a license to use an assigned QR Code that will provide a link to allow Users to access the Member’s Website. Within the Service Users can review and engage with Member profiles and Member Content. iMobile-Audio does NOT facilitate relationships between Users or between Members. The Service also involves providing a platform to facilitate communication between Members and Users ("Messaging Platform").

3.     License.

a.     Subject to your compliance with these conditions, iMobile-Audio grants to you a limited, non-transferable, non-exclusive license to use the Service on any computer owned, leased, and/or controlled by you. This license is not a sale of the original Service or any copies. All rights not expressly granted to you are reserved and retained by iMobile-Audio. Neither our Service, nor any part of our Service including a Member’s assigned QR Code, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iMobile-Audio. You may make single copies of materials displayed on the Service for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Service.

b.     Any QR Code assigned to you at all times shall be the sole property of iMobile-Audio and this assignment does not include any transfer of any right, title, or interest in or to any QR code or QR code card. We may provide you with a card bearing a QR code. The card may be subject to additional terms and conditions issued by the card’s manufacturer. We will provide you with notice of those terms and conditions, if any. If you lose your QR code card you agree to pay a replacement fee for a new QR code card. If your card is damaged you agree to pay the shipping cost for a replacement card. For your card to qualify as damaged you must return your original card to us, and we will inspect it to determine damage.

4.     Personal and Noncommercial Use. The Service is for your personal and noncommercial use. Commercial use is only permitted as expressly described herein. As a condition to your continued use of the Service, you warrant to iMobile-Audio that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use of use.

5.     Featured Links. The Service may contain hyperlinks to websites and content offered by parties other than iMobile-Audio or a Member. Such hyperlinks are provided for your reference and convenience only. iMobile-Audio does not control such other websites and is not responsible for their content; nor does iMobile-Audio’s inclusion of hyperlinks to such websites or content imply any endorsement of the material on such websites or any association with their operators. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of Service, are those of the respective author(s) or distributor(s) and not of iMobile-Audio. Neither iMobile-Audio nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Service represents the opinions and judgments of the respective information provider, User, or other person not under contract with iMobile-Audio. iMobile-Audio neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Service by anyone other than authorized iMobile-Audio employee spokespersons while acting in their official capacities. Under no circumstances will iMobile-Audio be liable for any loss or damage caused by a User’s reliance on information obtained through Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Service.

6.     Copyrights. All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of iMobile-Audio and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service, including profiles, listings or descriptions of musicians, artists, and other clients or users using the Service, is the exclusive property of iMobile-Audio and protected by U.S. and international copyright laws. The Service, related documentation, and all intellectual property rights embodied within or derived from such Service are copyrighted works of authorship or proprietary materials exclusively owned by iMobile-Audio. iMobile-Audio retains ownership of all subsequent copies of the Service and all derivative works based on such Service. All other content not owned by iMobile-Audio that appears on the Service appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by iMobile-Audio.

7.     Trademarks. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of iMobile-Audio in the U.S. and other countries. iMobile-Audio’s trademarks and trade dress may not be used in connection with any product or service that is not property of iMobile-Audio, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iMobile-Audio. All other trademarks not owned by iMobile-Audio that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iMobile-Audio.

8.     Restrictions.

a.     Limitations on Use. You agree not to reproduce, copy, modify, adapt, edit, distribute, sell, assign, lease, lend, rent, loan, transfer rights to, transmit, sub-license or otherwise commercialize iMobile-Audio or any information or software associated with iMobile-Audio. You agree not to remove, obscure or alter iMobile-Audio's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by iMobile-Audio. You acknowledge that iMobile-Audio embodies the intellectual property of a third party and is protected by law. You agree not to, modify, reverse engineer, decompile, disassemble, prepare derivative works from, attempt to derive source code from or otherwise tamper with, iMobile-Audio, whether in whole or in part. You agree not to violate any applicable laws, rules or regulations in connection with your use of iMobile-Audio. You agree not to use iMobile-Audio to infringe on the privacy of other individuals. You agree not to use iMobile-Audio to access, copy, transfer, or retransmit content in violation of any law or third party rights. You agree that you will not authorize or permit any third party access to iMobile-Audio to do any of the foregoing. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Service or any portion thereof to identify or analyze the interoperability of the Service. You shall not harvest or otherwise collect information about others users, including, but not limited to email addresses or any other identifying information or information related to contacting users. Further, You may not contact our Members for the purpose of enticing them to terminate their relationship with iMobile-Audio or enter a business relationship with You to iMobile-Audio’s detriment.

b.     Age Eligibility. iMobile-Audio is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use iMobile-Audio. Any person who provides their personal information through iMobile-Audio represents to us that they are 13 years of age or older.

9.     Use and Disclosure of User Information. You acknowledge and agree that iMobile-Audio may access, preserve, and disclose your information in connection with your use of iMobile-Audio or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce a Terms & Conditions of Use agreement (also referred to as, “Terms of Use,” and “End User Terms of Use and License Agreement”), including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of iMobile-Audio, its users, and the public.

iMobile-Audio may also share aggregate level and/or anonymous information with our customers and/or partners. iMobile-Audio does not share personally identifiable information with our partners, restricting the disclosure to location information, sex, age and other anonymous and/or aggregate level data.

iMobile-Audio may share your aggregate level and/or anonymous information with third parties for their promotional purposes. iMobile-Audio may share aggregated and anonymized information relating to users of the iMobile-Audio services with affiliated or unaffiliated third parties.

Any use of User information by iMobile-Audio will comply with iMobile-Audio’s Privacy Policy, you should periodically review the up-to-date version at http://www.iMobileAudio.com/privacy-policy. By accessing iMobile-Audio services, you expressly consent to the collection, use and disclosure of your information as described in the Privacy Policy. If you do not consent to the terms of the Privacy Policy, you should immediately stop using the iMobile-Audio services.

10.  Relationship Between iMobile-Audio & Users.

a.     iMobile-Audio is Not a Party to Interactions on the Service. iMobile-Audio is not a party to the dealings between Users or Members, including posts, emails, phone, text messages, or other communication, proposals, performances, contracts, appearances, or other services or arrangements. iMobile-Audio does not introduce Members or Users to each other or help Members find a fanbase or Users to interact with. iMobile-Audio merely makes the Service available to enable Members to promote and share Member Content with Users. iMobile-Audio does not direct, has no control over, makes no representations, and does not guarantee the quality, timeliness, or legality of Member Content or other Member or User behavior; the truth or accuracy of Member profiles; the background or identities of Members.

b.     iMobile-Audio Does Not Supervise Members or Users. You hereby acknowledge that neither Users nor Members are employees or agents of iMobile-Audio. iMobile-Audio exercises no control or supervision over Members or Users. Members and Users are free to conduct themselves how they choose within the parameters of these Terms of Use.

c.      No Agency. This Agreement and any registration for or use of the Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between You and iMobile-Audio.

11.  Disclaimer of Warranty. iMobile-Audio and any third party who makes its software and/or service(s) available in conjunction with or through iMobile-Audio disclaim any responsibility for any harm resulting from your use of iMobile-Audio and/or any third party software accessed in conjunction with or through iMobile-Audio.

YOU AGREE THAT USE OF iMobile-Audio’s SERVICE DOES NOT GUARANTEE SUCCESS TO YOUR ENDEAVORS.

iMobile-Audio AND ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMobile-Audio ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. iMobile-Audio AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. iMobile-Audio AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMobile-Audio DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF iMobile-Audio, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES.    

YOU UNDERSTAND AND AGREE THAT USE OF iMobile-Audio, ALL THIRD PARTY TECHNOLOGIES AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMobile-Audio AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF iMobile-Audio, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. iMobile-Audio DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, iMobile-Audio’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM iMoblie-Audio ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not promise or warrant that any aspect of third party services or systems will work properly or will be continuously available as any such service or system is provided by a third party and the fees charged to you for the wireless connection required to download iMobile-Audio to the wireless communication device or computer is determined by a third party. You acknowledge and agree that we are not responsible or liable for the accuracy of the content, products description, prices, or any other related information. Your subsequent dealing with the vendors does not imply any endorsement of such vendors or the content, products, or services available from such vendors or resources. You acknowledge sole responsibility for and assume all risk arising from interaction with any such vendors. You agree not to hold iMobile-Audio liable for any loss or damage of any sort incurred as the result of any such dealings. In addition, iMobile-Audio does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12.  Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL iMobile-Audio BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF iMobile-Audio OR SUCH THIRD PARTY TECHNOLOGIES OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF iMobile-Audio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON iMobile-Audio, FROM INABILITY TO USE iMobile-Audio AND ALL THIRD PARTY TECHNOLOGIES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMobile-Audio, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF iMobile-Audio, ALL THIRD PARTY TECHNOLOGIES AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH iMobile-Audio (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Your exclusive remedy for any claim arising out of or relating to this Agreement will be for iMobile-Audio, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Company is at fault, or (ii) return to you the fees you paid to us for the particular Service provided that gives rise to the claim, subject to the limitations contained in these Terms of Service. You agree that you will not allege that this remedy fails its essential purpose.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

iMobile-Audio is not involved or responsible for the management of the user profile pages nor involved in any decisions related to the expressed art or subject of the Content uploaded or published to user profile pages.  iMobile-Audio does not assume or accept any responsibility for the actions, conduct or Content published from the users of its service.  Members or Account users are responsible for managing the user profile pages in all respects (including the actions, conduct, and Content) in compliance with these Terms of Use.

You agree not to hold iMobile-Audio liable for any disputes, loss of revenues, lost profits, punitive, incidental or consequential damages arousing from the direct or indirect use or misuse of any products or services provided by iMobile-Audio or made available by iMobile-Audio from any third party affiliates, vendors or services providers.

13.  Termination of Privileges. iMobile-Audio reserves the right to terminate your privilege of using all or any portion of the Service if you breach any of these Terms of Use. If iMobile-Audio notices or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, iMobile-Audio may terminate your access to the Service, including all of your privileges or accounts that you may have established in connection with the Service. In case of such termination, you agree to immediately cease all use of iMobile-Audio, and we may immediately revoke your access to iMobile-Audio without notice. Our failure to insist upon or enforce your strict compliance with these Terms of Use, or provide any notice of non-compliance will not constitute a waiver of any of our rights.

14.  Indemnity. You agree to defend, hold harmless, and indemnify iMobile-Audio, our Affiliates, our and their respective officers, directors, owners, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Service, including: (a) your: (i) use of the Service; (ii) decision to supply information or Content via the Service; (iii) any activity related to your Membership; (iv) breach of any provision of this Agreement or other Terms applicable to Your use of the Service; or (v) obligations to a User or Member; (b) any claim, whether based in tort or contract, you may have against a User or a Member or that a User or a Member may have against you; or (c) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Use. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party. Indemnified Party shall have the right to control any defense of itself and to have the counsel of its choosing in any defense of any claim with the cost of such counsel to be paid by you.

15.  Copyright Violation & Dispute Policy. iMobile-Audio has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/dmca.pdf The address of iMobile-Audio’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is support@iMobileAudio.com.  iMobile-Audio will only respond to notices that accurately comply with the submission procedure in the iMobile-Audio Copyright Policy, the DMCA and all applicable laws. It is iMobile-Audio’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed above (“Proper Bona Fide Infringement Notification”): • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; • Identification of works or materials being infringed; • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that OPPC is capable of finding and verifying its existence; • Contact information about the notifier including address, telephone number and, if available, email address; • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is OPPC’s policy: • to remove or disable access to the infringing material; • to notify the content provider, member or user that it has removed or disabled access to the material; and • that for repeat offenders, OPPC will also terminate such content provider’s, member’s or user’s access to the service. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: • A physical or electronic signature of the content provider, member or user; • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled; • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which iMobile-Audio is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. Removal. If a counter-notice is received by the Designated Agent, iMobile-Audio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, Member or User, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at iMobile-Audio’s discretion. Please note that you can be held liable for damages, including costs and attorneys' fees acquired by iMobile-Audio as a result of you inaccurately or falsely representing a copyright violation submission.

 

16.  General. All Visitors and Members hereby agree to our Privacy Policy. iMobile-Audio retains all rights not expressly granted herein. iMobile-Audio may freely assign these Terms of Use. These Terms of Use are the complete and exclusive agreement of the parties and supersede all prior communications, oral or written, between the parties relating to the Terms of Use’ subject matter. Without regard to its conflicts of laws principles, the laws of the Commonwealth of Virginia govern all matters, including torts, with respect to these Terms of Use. Further, any claim, controversy, or dispute that arises between You and iMobile-Audio must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia, unless Section 28 applies. You and iMobile-Audio agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia for the purpose of litigating all such claims, controversies, or disputes. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. iMobile-Audio reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. By continuing to use the Service, you are agreeing to all changes made by iMobile-Audio. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17.  Government. If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Application is commercial "computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of iMobile-Audio is governed by these Terms of Use.

 

The iMobile-Audio Privacy Policy (www.iMobile-Audio.com/privacy-policy) describes how we treat personal information when you use iMobile-Audio's products and services, including information provided when you use iMobile-Audio.

iMobile-Audio's servers automatically record certain standard log information, including carrier gateway information, and the date, time and content of your request, as well as the unique and anonymous identifying number. iMobile-Audio does not share personal information, like your phone number or email address, with anyone unless you specifically provide it after you have scanned a code. We only ask that you complete a short, one-time survey to help improve the service and keep it free for you. This information will not be used to send unwanted SPAM or marketing material. iMobile-Audio retains a cache of your recent searches on your device, which you can clear at any time as described in the iMobile-Audio FAQ.

We process your requests in order to operate iMobile-Audio. In addition, we may use log information about iMobile-Audio usage to improve the quality of this and other iMobile-Audio products and services.

18.  Membership. A User will become a Member upon completion of registration. Registration requires the provision of information to iMobile-Audio through the Service, as described below. All information collected is subject to our Privacy Policy, below.

a.     Service Plans, Products and Payment. iMobile-Audio provides products and services that can be purchased by members.  All fees are based and cited on the valuation of U.S. currency.  All products, services and prices are described here. The products, services and prices are subject to change at any time without notice.  iMobile-Audio will respectfully attempt to notify users of any changes or modifications to its products, services and prices within a reasonable time via one or more of the following; member account notifications, email, video, social media, press release.

b.     Member Account, Password and Security. To become a Member and access Member level features of the Service a User must open an account, and must complete the registration process by providing iMobile-Audio with current, complete and accurate information as prompted by the applicable registration form. A User may be asked to choose a password and a User name (“Credentials”). A User is entirely responsible for maintaining the confidentiality of User’s Credentials. Furthermore, the User is entirely responsible for any and all activities that occur under User’s account. The User agrees to notify iMobile-Audio immediately of any unauthorized use of User’s account or any other breach of security. iMobile-Audio will not be liable for any loss that a User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. However, the User could be held liable for losses incurred by iMobile-Audio or another party due to someone else using the User’s account or password. A User may not use anyone else’s account at any time, without the permission of the account holder.

c.      Service Use & Your License to iMobile-Audio. You hereby grant iMobile-Audio, during the course of your usage of the iMobile-Audio Service, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Member Data (a) for the purpose of operating and making Your Content and Member Data available on the iMobile-Audio Service and in all current and future media in which iMobile-Audio may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Member Data; and (ii) disclose any such metrics and analytics regarding Your Content and Member Data for marketing and business development purposes. This license will terminate at the time you remove Your Content from the iMobile-Audio. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).

d.     Additional Rules regarding Your Content. As a Member you acknowledge that iMobile-Audio and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Member profile or iMobile-Audio in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.  You agree not to upload, post, transmit or otherwise make available any harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable content, or content that promotes or incites violence, terrorism, illegal acts, or hatred on grounds of ethnicity, race, religious belief, cultural background or identity, disability, gender, identity, or sexual orientation. Failure to do abide by this rule can result in the immediate termination of your account.

You hereby agree that if Your Content is removed from iMobile-Audio due to a violation of these Terms of Use, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, iMobile-Audio shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of iMobile-Audio, any User or individual, or the general public.

You are solely responsible for Your Content and Member Data. You are responsible for making sure that you have all rights in Your Content and Member Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Member Data. You understand that whether or not Your Content is published or marked private by you, iMobile-Audio does not guarantee any confidentiality or privacy with respect to any of Your Content or Member Data.

Additionally, you understand and agree that Your Content and Member Data that is displayed on iMobile-Audio may continue to appear on iMobile-Audio, even after you have terminated your account, as portions of Your Content may have been incorporated into Member profiles, or other service features.

In addition to the rights, licenses and privileges referred to above, you agree that iMobile-Audio may use and refer to your Member profile (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of iMobile-Audio, and any products, goods, features, capabilities and/or services associated with iMobile-Audio.

If a Member account is removed from iMobile-Audio, the Content associated with that Member’s profile may also be deleted at the discretion of iMobile-Audio. We encourage you to be sure you are comfortable with this possibility before publishing any Content to the profile page. iMobile-Audio is not required and may not keep back-up copies of Content on iMobile-Audio once the Member or Content is deleted. Additionally, iMobile-Audio makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on iMobile-Audio and you should independently back-up and archive Your Content.  

Use of any third-party services to artificially increase QR Code scans, profile views or services similar in nature thereof can result in the immediate termination of your account.

e.     Payment/Ongoing Plans/Cancellation. Members are responsible for paying all fees and applicable taxes associated with the iMobile-Audio Service and Product Plans in a timely manner with a valid payment method. We bill you through an online account (your “Billing Account”) for use of the Service. You agree to pay iMobile-Audio all charges at the price then in effect for any use of the Service by your or any other persons using your Billing Account, and you authorize iMobile-Audio to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. iMobile-Audio reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. A third party (e.g. Apple) may manage your subscription (together with iMobile-Audio, your “Subscription Manager”). The Subscription Manager may submit period charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by the Subscription Manager) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before your Subscription Manager could reasonably act.

To terminate your authorization, cancel your subscription, change your payment method, view and manage information relating to your iMobile-Audio Service and Product Plans, including billing and invoice history, please sign in to your iMobile-Audio account and select the Billing Tab.

You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify your Subscription Manager if your Payment Method is cancelled (e.g. for theft or loss) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Credentials. If you fail to provide your Subscription Manager any of the foregoing information, you agree that your Subscription Manager may continue charging you for any use of the Service under your Billing Account unless you have terminated your subscription for the Service (confirmed in writing by you upon request by your Subscription Manager).

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between your and the financial institution, credit card issuer, or other provider of your chosen Payment Method (the “Payment Method Provider”). If iMobile-Audio does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and your Subscription Manager shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that your Subscription Manager may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-Renewal. Your Service subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you resign, you may use your subscription until the end of your then current subscription term; your subscription will not be renewed after your then current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period.

Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that your Subscription Manager is authorized to charge your Payment Method. Your Subscription Manager may submit those charges for payment and you will be responsible for such charges. This does not waive iMobile-Audio right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please visit the Billing Tab, to have the charges reversed.

f.       Refund. iMobile-Audio Service and Product Plans are subject to the billing and refund policy set forth here. Except as may be set forth in such billing and refund policy (Term and Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account via email to iMobile-Audio within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of iMobile-Audio.

g.     Taxes. You are responsible for paying any governmental taxes imposed on your use of the iMobile-Audio Service, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to iMobile-Audio the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that iMobile-Audio is obligated to collect such taxes, the applicable tax will be added to your billing account.

19.  iMobile-Audio Cards-QR Code Cards & Replacement. iMobile-Audio currently provides members with a promotional feature entitled iMobile-Audio Cards. This feature is a QR Code Card that contains a printed QR Code that directly links to the members profile page once scanned via QR Code reader application or technology services similar in nature. These cards are currently provided at no cost as a promotional product feature for a limited time. This feature is only provided as a promotional product and is not included with the paid digital subscription service. iMobile-Audio does not guarantee the availability, effectiveness or accuracy of the iMobile-Audio Card. iMobile-Audio is not responsible for the any damaged, unusable, lost or stolen cards. Members can request card replacement via email. Members are responsible for all fees associated with card replacement, as described above in Section 3b.

20.  Ownership. support@iMobileAudio.com. Please note that by doing so, you also grant iMobile-Audio permission to use and incorporate your ideas or comments into iMobile-Audio (or third party software) without further compensation.

21.  User Conduct.

a.     User shall use the Service for lawful purposes only. No User shall post or transmit through the Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a User that in iMobile-Audio’s discretion restricts or inhibits any other User from using or enjoying The Service will not be permitted. User shall not use The Service to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with The Service.

b.     User shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

22.  Use of The Service. The Service may contain Messaging Services, bulletin board services, chat areas, news groups, forums, communities, profiles, Discussions, personal web pages, calendars, photos, file cabinets and/or other message or communication facilities designed to enable Member to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Service and any Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Service or any Communication Service, User will not:

a.     You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Service or any part of the Service, other than by authorized means expressly described in the Service or these Terms.

b.     You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Service at any and all times, except (i) where such Content is Your Content at any and all times during your use of the applicable Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Member.

c.      You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Service offering.

d.     You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

e.     You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Service, or to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other Users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

f.       Use the Service or Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicate or unsolicited messages (commercial or otherwise).

g.     Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

h.     Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

i.       Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Member own or control the rights thereto or have received all necessary consent to do the same.

j.       Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

k.      Upload or otherwise send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

l.       Advertise or offer to sell or buy any goods or services for any business purpose, other than as expressly permitted in these Terms.

m.   Download any file posted by another Member of a Communication Service that Member know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

n.      Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

o.     Restrict or inhibit any other User from using and enjoying the Service or Communication Services.

p.     Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

q.     Harvest or otherwise collect information about others, including email addresses.

r.      Violate any applicable laws or regulations.

s.      Create a false identity for the purpose of misleading others.

t.      Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users or other User or usage information or any portion thereof.

23.  iMobile-Audio’s Moderation of Users.

a.     iMobile-Audio has no obligation to monitor or moderate the Communication Services or any User’s use of the Services. However, iMobile-Audio reserves the right to review materials posted to the Communication Services and to edit, refuse to post or to remove any information or materials, in whole or in part, in iMobile-Audio’s sole discretion. iMobile-Audio reserves the right to terminate Your access to any or all of the Communication Services or the Service at any time, without notice, for any reason whatsoever. Termination shall be subject to the Cancellation policy described above.

b.     iMobile-Audio reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

c.      Materials uploaded to the Service or Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Member is responsible for adhering to such limitations if Member downloads the materials.

d.     iMobile-Audio specifically disclaims any liability with regard to the Communication Services and any actions resulting from Member’s participation in any Communication Services.

24.  Termination of Privileges. iMobile-Audio reserves the right to terminate your privilege of using all or any portion of the Service if you breach any of these Terms of Use, or for action or inaction occurring during an Engagement. If iMobile-Audio notices or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, iMobile-Audio may terminate your access to the Service, including all of your privileges or accounts that you may have established in connection. In any termination, iMobile-Audio will treat Subscription Fees according to the Cancellation Policy above.

25.  Changed Terms. iMobile-Audio shall have the right at any time to change or modify the Terms of Use applicable to Member’s use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Service, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of the Service by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications or additions.

26.  This Agreement is for the benefit of iMobile-Audio, its subsidiaries, affiliates, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

27.  Titles, comments to, and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.

28.  PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH iMobile-Audio AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a.     Arbitration Agreement; Claims.   This Section 28 is referred to as the "Arbitration Agreement” in these Terms.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 28(i) below, you and iMobile-Audio (together, the “Parties”) agree that any and all disputes or claims that arise between you and iMobile-Audio relating to the iMobile-Audio Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved  as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 22, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.

b.     Agreement to Arbitrate.  Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 28(i) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

c.     Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND iMobile-Audio AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 28(i) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND iMobile-Audio AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS