Last Updated: 07/27/2022
NOTICE OF ARBITRATION PROVISIONS
YOUR USE OF THE INFLUENCE MOBILE/LOUDER REWARDS SOFTWARE FEATURES, SERVICES AND TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
Your use of the INFLUENCE MOBILE – LOUDER REWARDS products, features and our Services (as defined below) is subject to binding individual arbitration of any disputes which may arise, as provided in the Arbitration Agreement section of these Terms of Use. Please read the arbitration provisions carefully and do not use any of the Influence Mobile apps, or our Services if you are unwilling to arbitrate any disputes you may have with us (including without limitation any disputes relating to these Terms of Use, our Privacy Policy, and any Additional Terms) as provided herein.
These Terms of Use (“Terms of Use”) are between you and Influence Mobile, Inc. and its corporate affiliates (collectively “the Company”), for the use of Software and other related sites and applications owned and operated by the Company (collectively referred to as the “Software”) whether or not you have registered a unique end-user account (an “Account”) at the Software.
YOU MUST BE 18 YEARS OF AGE AND A RESIDENT OF THE UNITED STATES OR CANADA TO USE THE SOFTWARE.
ONE PLAYER ACCOUNT MAY BE SET UP PER PERSON BUT THERE CAN BE MULTIPLE APPS INSTALLED PER DEVICE.
A MAXIMUM OF 4 ACCOUNTS PER HOUSEHOLD. We may require Valid ID to verify the information provided is true and accurate.
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or social networking service at any given time.
If we have reason to believe you are actively using more than one account or that we find inconsistencies within an account we may ask for Valid ID to verify the information provided is true and accurate.
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THIS SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS, DOWNLOAD, AND/OR USE THE SOFTWARE. THE TERM “SOFTWARE”, AS USED IN THIS AGREEMENT, ALSO INCLUDES ANY UPDATES, UPGRADES AND BUG FIXES/PATCHES TO THE SOFTWARE THAT MAY BE MADE FROM TIME TO TIME.
THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy (http://influencemobile.com/privacy/) and any Additional Terms (defined below), constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Software. By using the Software, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. If we make any material changes, and you have registered for an Account with us, we may also send an email to you at the last email address you provided to us pursuant to these Terms of Use. Any changes to the Terms of Use will be effective immediately for new users of the Software and will be effective thirty (30) days after posting notice of such changes on the Software for existing users, provided that any material changes will be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Software or thirty (30) days after dispatch of in app notices of such changes to Registered Users (as defined below). The Company may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Software is permitted. Your continued use of Software after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Software. It is your responsibility to regularly review these Terms of Use.
Additional Terms
We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or about the Software (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. If the Terms of Use are inconsistent with the Additional Terms, the Additional Terms shall control with respect to such services, applications, activities and/or features.
Accounts
You are required to create an Account and become a Registered User to use the Software to have access to all the features of the Software. For the purposes of these Terms of Use, a “Registered User” is an end user of the Software who has registered an Account on the Software or have a valid account on the social networking service, such as Facebook, through which the user has connected to the Software. An Account is typically created by providing us with (a) phone number for verification (b) your email address, a unique password and other required information or (b) by clicking the applicable “Facebook®” button on the login or registration pages; doing so will automatically create an Account that is linked to your Facebook profile (if you have one) and you understand that we will incorporate relevant personal information found on your Facebook profile as part of your Account.
In registering for the Software, you agree to (1) provide true, accurate, current and complete information about yourself (including but not limited to full legal name, phone number and address) prompted by the Software’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you have given a false name, address, or any other requested information, the account will be terminated. We do not allow the use of Voice over Internet Protocol services or Text type phone services. The phone numbers must be actual Cell phone numbers on a valid Cell Phone carrier, that allow SMS messaging. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Software by minors. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Software (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or social networking service at any given time. You agree not to create an Account or use the Software if you have been previously removed by the Company, or if you have been previously banned from using the Software. Termination or suspension of an account will result in the loss of all existing points and the cancellation of any rewards in process.
Use of the Software
You agree to use the Software only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Software and the Services solely as provided herein. You may download material displayed on the Software for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Software for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Software is not transferable. You acquire no rights or licenses in or to the Software and materials contained therein other than the limited right to access and utilize the Software in accordance with these Terms of Use.
You agree that the Software is licensed and not sold to you, and that the Software is owned by us, and our suppliers or licensors, including all intellectual property rights in the Software including, without limitation, all patents, copyrights, trademarks, trade secrets or other proprietary rights. To the maximum extent permitted by applicable law, you may not modify, translate, reverse engineer, decompile or otherwise disassemble the Software in any way. You may not create derivative works of the Software, and you agree not to attempt, or allow others to attempt, to reverse engineer or modify the Software. You may not use the software to create or develop a competitive product or service. Any modifications, enhancements and derivative works of the Software shall remain our sole and exclusive property. You further agree not to access or attempt to access the Software by any means other than the interface we provide to you. You may not rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof for any commercial purpose or on behalf of any third party. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or other publicly-available forum.
When installed on your device, the Software periodically communicates with our or our supplier’s servers and provides us with information about how you use your device, as more fully described in the Influence Mobile privacy policy (available at http://influencemobile.com/privacy/). We may update the Software on your computer and/or device when a new version is released or when new features are added or offered. These updates may occur automatically without notice to you. You hereby authorize Influence Mobile to receive communications from your device and to automatically update the Software as described above. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software. You agree not to remove or alter our or any third party’s trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.
We do not provide telephone assistance with respect to the Software or any other support or maintenance of any kind.
If you are accessing the Software via any of our applications available via third parties (collectively “Third Party Outlets”) including (without limitation) Apple, Inc.’s “App Store,” and/or Google, Inc.’s “Google Play” store you and the Company acknowledge and agree that these Terms of Use are entered into by and between you and the Company, and that none of the Third Party Outlets are party to these Terms of Use. The Third Party Outlets are not sponsor to, nor in any way affiliated with, any of the Company Promotions (defined below), nor any of the services, applications, activities or features offered or provided by the Company, nor do they sponsor any prize redemptions.
User Representations and Warranties
You represent and warrant that you are the owner of the device onto which you have downloaded and installed the Software, or the owner of the device has authorized you to do so. You agree not to use the Software to conduct any business or activity or solicit the performance of any activity that violates a law or regulation or otherwise use the Software in any manner that might violate the third party rights (including in intellectual property and privacy rights) of any person or entity. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.
By using the Software, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Software only as set forth in these Terms of Use; and (iv) are eighteen years of age or older. If you are under the age of 18, you are not allowed to use the Software. You agree not to access (or attempt to access) any of the services available on the Software (the “Services”) by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. If you download the app from any source other than Apple’s “App Store” or Google, Inc’s “Google Play”, your account will be terminated. You agree to use only the most current version of the Software. If the Company, at their sole discretion, deems your app to be outdated your account will be terminated. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Sweepstakes, Contests and Promotions
Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the Software may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your sole responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) defined therein. The Third Party Outlets are in no way associated with the Company’s Promotions. Promotions are awarded on a first-come, first-serve and while-supplies-last basis. If a winning item is unavailable, out of stock, has changed in price, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, award you a reward of equal or greater value to the original item(s).
Daily/Hourly Sweepstakes Eligibility:
Unless specified otherwise on a specific promotion
A player (throughout all of their downloaded apps) is eligible to win 1 time per day, twice in 4 days, and three times within 8 days. A win expires on day 9 and adjusts the wins accordingly.
A winner of any Promotion has 7 (seven) days to confirm eligibility and any information necessary to fulfill the Promotional item. The Promotional win will be forfeited after 7 days if we do not receive the necessary information. The Company will make two attempts to contact a Player to notify them of a win. These attempts may be made via email and also in app. If a Player does not furnish the Company with authentic and reliable contact information, the Company bears no responsibility for notifying the Player and the win will be forfeit. View Rules for more information (http://influencemobile.com/rules/).
Rewards Programs
Overview. The Company may offer reward programs under which you have the opportunity to earn points that are redeemable for rewards (“Rewards Programs”). Not all of the Software offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (singularly “Activity” and collectively “Activities”). The Company may limit your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, including (without limitation) if you do not comply with these Terms of Use. You agree to abide by the final and binding decisions of the Company regarding a Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.
Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described within the relevant area of the applicable Software. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity. If you do not have your location services active and we cannot confirm your location within our service area, you risk having your account disabled or terminated. Any use of software designed to mask, hide, change, spoof, or in any way redirect identity or location will result in the termination of the account. You agree not to access our Software using a VPN, Cloud type service or any other software that disguises your location. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of points in order to verify with the applicable merchant that such purchases are valid. The Company will only reward points on purchases which we can verify and are paid a commission. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity; our right to change or limit the number of points you can earn during a given time period; our right to change the Activities or rewards available, or the number of points required for a particular reward.
Redeeming Points. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to the applicable Additional Terms. Supplies may be limited. Rewards are awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, award you a reward of equal or greater value. The Company may at its sole discretion issue a credit, reversal, or refund of points but under no circumstances is obligated to do any of the previous; in other words, once you order a reward, the Company is under no obligation to cancel the reward or return the reward for a refund of points. The Company may also, at its sole and absolute discretion, deduct extra points should the requested reward increase in price, be subject to tax, shipping, or any other fee. Points earned are only redeemable within the Rewards Program in which they were earned. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the Rewards Tab in the related Company Software.
Products made available for rewards are not the responsibility of the Company and the Company makes no warranties of any kind, whether expressed or implied, as to the condition, suitability, quality, fitness, and/or safety of the reward. The Company is not responsible for the legality of the reward in the location which you choose to have the reward shipped. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward. Some rewards may have eligibility requirements and the Company reserves the right to verify your eligibility qualifications prior to fulfilling any reward.
Delivery. Rewards and Promotions will only be mailed to the U.S. postal address you provide when you submit a request for redemption. NO PO BOXES. Processing times may vary. Rewards or Promotions that are undeliverable for whatever reason (including, without limitation, because the address was input incorrectly, the delivery service will not deliver to the address provided, or any other reason ) will not be re-sent and are forfeited, and the points will not be refunded. The Company will make only one attempt to fulfill a reward or Promotion. The Company takes no responsibility if the reward or Promotion is lost in transit, delivered to an incorrect address, delivery has been confirmed and the player claims to not have received an item, or for any other reason a reward may be claimed to not be received.
Inactive Accounts. Accounts that have not been logged into for sixty days or more are deemed inactive and points/rewards earned in these accounts are null and void with the exception of points created by the approved use of a paid point booster. After six months inactive, the points earned with a paid point booster will be converted into a gift card of the Company’s choosing and the account will be closed. Only points created by the approved use of the paid point booster will be awarded any monetary value. This value will be determined by the Company’s current redemption metric at the time of the account closure and is not a guaranteed value. Points created by the use of a paid point booster by fraudulent or automated means (including, without limitation, use of scripts, web-crawlers, bots, or unconfirmed/non-commissioned purchases) will have no value and are not eligible for any award/reward regardless of the means used to accrue the points. Points/Rewards are nontransferable and are void if a transfer is attempted. Points and/or rewards may not be bartered or sold. Points and/or the accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Tax Matters. You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Rewards you earned or redeemed are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Software, including liability arising from your accrual of points, rewards, winning of Sweepstakes, or your redemption of points for gift cards or other items. As a condition of your continued use of the Software, we may require you to provide necessary tax information if our records show that you are required to report your earnings to the appropriate regulatory entity. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your activities on the Software.
Waiver and Indemnification. By participating in a Rewards Program and/or Activity, you agree: (a) to be bound by these Terms of Use and any applicable Additional Terms and by all applicable laws and decisions of the Company, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Terms of Use and applicable Additional Terms; (c) to waive all of your rights to bring any claim, action, or proceeding against the Company in connection with the Software, any Rewards Program, or any Activity; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Company and its officers, directors, employees, and agents from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Software, any Rewards Program, or any Activity, including but not limited to your participation or inability to participate in any Rewards Program or Activity, (ii) typographical or printing errors in the Additional Terms or any Rewards Program materials, (iv) any change in any prize (or any components thereof) due to unavailability, or due to reasons beyond Company’s control, (v) any interruptions in or postponement, cancellation, or modification of any Rewards Program or Activity, (vi) human error, (vii) incorrect or inaccurate transcription, receipt or transmission of any entry into or participation in an Activity, (viii) any technical malfunctions or unavailability of the Software or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Company or by you, including the inability to participate in any Activity or earn points due to bugs, errors and other technical glitches, (ix) interruption or inability to access the Software or any online service via the Internet due to hardware or software compatibility problems, (x) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (xi) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries in any Rewards Program or activity, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you. COMPANY IS NOT responsible for any injury or damage, whether TO YOU OR TO ANY OTHER person or TO ANY property, related to or resulting from YOUR participation in any ACTIVITY and/or ACCEPTANCE OF any Prize. By participating in any Challenge, you expressly assume all liability and responsibility for your participation and agree that participation is solely at your own risk.
Intellectual Property
You acknowledge that the Software have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Software are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Software for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Software and related to the Software and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Reporting Copyright Infringement – DMCA Policy
If you believe that any content, user-posted materials, or any other material found on or through the Software, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
1) Written notices must be sent either:
electronically sent to [email protected] with subject line “DMCA Takedown Request”. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered; or
via courier (with a confirmed receipt requested) to: Influence Mobile, P.O. Box 969, Kirkland, WA 98038; Attention: Copyright Agent
2) Each written notification must contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Software that is reasonably sufficient to enable us to identify and locate the material (for example, a list of URLs);
your physical mailing address, telephone number and email address;
a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
User Conduct
You agree that you will not engage in any activity that interferes with or disrupts the Software or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU or mobile device (or any other device) to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, decompile, copy, sell, trade or resell the Services for any purpose. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
(D) you have contacted us in a way or have made comments in order to defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive, profane, or objectionable; or
(E) you participate in a group (online or otherwise) that defrauds or attempts to defraud the Company (as determined by the Company in its sole discretion) in any way, including, without limitation, the sharing of ideas designed to cheat and exploit any Rewards Program or Activity. Any participation in a group of this nature is grounds for immediate termination.
(F) the provision of the Services to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Services shall not be fraudulent and must be lawful at all times. You shall also comply with all usage rules found throughout the Software and/or the Services. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on any public site on the web
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or the access to or functionality of the Software
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
attempt to obtain passwords or other private information from other members
improperly use support channels or complaint buttons to make false reports to the Company
use, develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, “cheat utility” software program or any other cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Software or Services, including any cheats or exploits designed to artificially and/or fraudulently generate points
attempt to gain unauthorized access to the Software or Services, accounts registered to others, or to the computers, servers or networks connected to the Software and Services by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Software or Services
exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
Violations
If the Company becomes aware of any possible violations by you of the Terms of Use, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. In the event the Company determines, in its sole discretion, that you have violated any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Software and Services, the Company reserves the right in its sole discretion to: (1) issue you a warning regarding the violation; (2) immediately terminate or suspend any or all Accounts you have created using the Services; (3) notify and/or send your content and information to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (4) pursue any other action which the Company deems appropriate. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so at any time. Any Account or Accounts that are disabled or terminated shall be deemed null and void and any and all information relating to such Account(s) shall revert to or become the sole property of the Company, including but not limited to any virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law. The Company reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that the Company may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
Upon uninstall, there may be cookies and registry entries left on your computer and/or device. Due to the nature of the browser add-on uninstall process, we are unable to remove these files.
Communications Channels
The Services may include communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances by liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Disclaimer of Warranties
You understand and agree that your use of the Services shall be at your sole risk. Subject to your rights under any Consumer Law referred to below and to the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the Software and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, security, authority, completeness, usefulness, and timeliness. The Software is provided on an “AS IS” basis. Subject to your rights under any Consumer Law referred to below and to the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
Any liability the Company may have to a member under any such guarantees or warranties implied or imposed by statute which cannot be excluded is limited, where the Company is expressly permitted by statute to limit your remedy for a breach of that guarantee or warranty, to supplying or paying the cost of supplying, the goods (or equivalent goods) or services again or repairing or paying the cost of repairing, the goods, at the Company’s sole option.
Limitation of Liability
Subject to your rights under any Consumer Law referred to below and to the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will the Company, its directors, managers, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Software, the Services or other materials or content on, accessed through or downloaded from the Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Company will not be liable for the termination of the Rewards Programs on any account whatsoever including (without limitation) any awards, points, prizes or credits in a member’s favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss of any points, prizes, awards or credits, regardless of monetary value, in the event there is any change in the value of each point or reward (as determined in Company’s sole discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack, or any other events, including, but not limited, to those which make it commercially unreasonable for us to determine the value of any account or accounts.
Indemnification
You agree to indemnify and hold the Company, and each of its directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Software and the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party; (v) any tax consequences related to your use of the Software and/or (vi) any content you post or share on or through the Service.
Arbitration Agreement. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use and any applicable Additional Terms (“Terms”) or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Influence Mobile, P.O. Box 969, Kirkland, WA 98033. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Terms, including the Notice Requirement, the Company shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the company will reimburse your attorney’s fees.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within King County, Washington, for such purpose.
Governing Law. The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of Washington, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Consumer Laws
Despite any other provision of these Terms of Use, if any legislation affects your rights under these Terms of Use (a “Consumer Law”), then to the extent that any term or provision contained in these Terms of Use:
(A) becomes void or unenforceable for any reason; or
(B) would be unfair under the applicable consumer law if applied or relied upon in a particular way,
that term or provision will be severed such that all remaining terms and provisions of these Terms of Use will continue to be in full force and effect and be unaffected by the severance of any other term or provision. No provision of these Terms of Use limits, excludes or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any Consumer Law which cannot lawfully be excluded, limited or modified.
International Users
The Software are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Software are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Software are illegal is prohibited. You may not use the Software or export the content or products in violation of U.S. export laws and regulations. If you access Software from a location outside of the United States, you are responsible for compliance with all local laws.
Export Controls
Software downloaded from Influence Mobile is further subject to United States Export Controls. No software from Influence Mobile may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
No Waiver
The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. This agreement constitutes the final, complete, and exclusive agreement between the parties regarding the Software and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
iTunes Addendum
General. The following additional terms and conditions apply to you if you are using the Software from iTunes. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Addendum, the more restrictive or conflicting terms and conditions in this Agreement apply, but solely with respect to the Software from iTunes.
Acknowledgement: Influence Mobile and you acknowledge that this Agreement is concluded between Influence Mobile and you only, and not with Apple, and Influence Mobile, not Apple, is solely responsible for the Software and the content thereof. To the extent this Agreement provides for usage rules for the Software that are less restrictive than the Usage Rules set forth for the Software in, or otherwise is in conflict with, the iTunes Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the iTunes Terms of Service.
Maintenance and Support: Influence Mobile is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this Agreement (if any), or as required under applicable law. Influence Mobile and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty: Influence Mobile is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Influence Mobile’s sole responsibility.
Product Claims: Influence Mobile and you acknowledge that Influence Mobile, not Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Influence Mobile’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Influence Mobile and you acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Influence Mobile, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Information: As set forth in Section 11.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Software.
Third Party Beneficiary: Influence Mobile and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
English Language
The parties hereto confirm that it is their wish that these Terms of Use, as well as all other documents relating hereto have been and shall be drawn up in the English language only.
