Terms & Conditions
Last Updated: November 16, 2009
1. WELCOME TO IAMOTA!
By using iamota's mobile marketing platform, you are agreeing to the following terms and conditions. These terms apply to IAMOTA "Members" (registered account holders) as well as mobile users that use IAMOTA or any other service powered by iamota to opt-in to mobile marketing campaigns or download content to their mobile phone.
This agreement ("Agreement") is a contract between you and IAMOTA Corporation ("IAMOTA"). By visiting or using any IAMOTA web site, any website, blog, social network, email, instant message or media containing mobile enabled content by iamota ("Content"), or by completing the registration process to use IAMOTA (collectively, the "Service" or "IAMOTA Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Areement, do not continue the registration process or attempt to access any part of the Service.
IAMOTA is operated by iamota corporation at 142 - 1020 Mainland Street, Vancouver BC V6B 2T4
2. IAMOTA SERVICES
iamota is a mobile marketing agency and leading provider of on-demand mobile marketing services. We develop simple ways to help our customers GET, KEEP and GROW profitable relationships with their customers, teams and partners using mobile technology. We create consumer experiences across all areas of mobile media to help consumers interact with brands on their terms - with their mobile device.
We provide the insight and technology for all aspects of mobile marketing.
- Mobile media strategy
- Custom campaign development & activation across carrier & social networks
- SMS messaging platform
- Mobile Web & application development framework
- Analytics & reporting
Here's what digital Product and Content providers need to do to get started:
- To use IAMOTA sign-up for an account. You are required to have an iamota Account to use any of the iamota Services. In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the iamota Sign up process; and b) maintain and promptly update your iamota Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if iamota has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iamota has the right to terminate your iamota Account and refuse any and all current or future use of iamota Services.
- When completing the Sign up process, you will select a unique email and password.
- iamota services are not intended for and may not be used by persons under the age of consent. By agreeing to the terms and conditions of this Agreement, you hereby represent to iamota that you are at least of the age of consent.
As an iamota Account holder, you will be responsible for any activities that take place under your account, or that take place on or via any of your Content, Products or Mobile Services. If you become aware of any unauthorized use of your password or account, or any other breach of security, please delete your Content, Products and Mobile Services immediately. It is up to you to maintain the confidentiality of your password and account. iamota is not liable for any loss or damages arising from your failure to comply with the provisions of these terms.
You also understand and agree that as part of the Service, you may receive certain communications from iamota, such as account creation confirmations, service announcements, administrative messages and opt-in iamota product announcements. You will be able to opt-out of some of these communications but not others, such as the ones concerning your account and out-payments. If you don't want to receive "any" messages from iamota, you will have to delete your account.
iamota promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with iamota, unless you explicitly opt-in to do so.
3. THE RULES FOR IAMOTA ACCOUNT HOLDERS AND MOBILE PHONE USERS
iamota Account Holders:
- You are solely responsible for your conduct and any data, text, information, links, graphics, pictures, video, wallpaper, games and profiles that you submit, post and display via the Service;
- You must not upload, post or otherwise include any Content or Products that are defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals;
- You must abide by the iamota Picture and Video Submission Policy and not upload, post or otherwise include any picture or video containing frontal nudity, genitalia, pornography, sexually explicit images or any copyrighted image or video (unless you own the copyright). iamota has the right to review all pictures and video and block any content from being sent to a mobile phone for any reason at our sole discretion;
- You cannot use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity;
- You cannot use the Service to distribute, share or solicit Content or Products belonging to third parties without proper authorization from the owner(s) of that Content or Product. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy);
- You must not, in the use of iamota, violate any Federal, Provincial or local laws. If you are creating mobile Content or Products outside of Canada, you must comply with all local laws regarding online and mobile conduct and acceptable Content and Products;
- You cannot modify, adapt or hack any iamota website or any Content, Products or Mobile Services that are not yours;
- You cannot create or submit spam to any iamota Account holder or mobile user;
- You cannot transmit or link to any worms or viruses or any code of a destructive nature;
- You cannot transmit Content or sell digital Products in beach of a confidentiality or fiduciary obligation you may have;
- You cannot attempt to automatically redirect visitors to other domains, mislead visitors of the origins of the content contained in your Content, Products or Mobile Services, or use your Content, Products or Mobile Services as storage for remote loading or to a website outside of any iamota website;
- You may not develop restricted or password-protected Content or Products;
- You cannot interfere or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- You cannot collect or store personal data about other users, except that you may encourage visitors to contact you and you may, in return, contact them back.
Mobile Phone Users:
- IAMOTA Services include downloadable mobile Content, such as wallpaper, ringtones, video and Text Message Services.
- To participate in standard rate campaigns - follow the single opt-in process.
- You agree that standard message and data charges (e.g. WAP, MMS, GPRS, SMS) and taxes may also apply for subscriptions, individual downloads and account related text messages.
- By downloading Content and using the IAMOTA downloads and/or Subscription Services, you agree that IAMOTA grants you a non-exclusive, non-transferable, revocable right to use the Content or Services on your compatible device for your own non-commercial use only.
- IAMOTA's rights to make available certain Products and/or Content to you may expire. In such event, IAMOTA will cease delivering the Products and/or Content to you after the end of the period in which such rights expire.
- You can get help at any time. Just text "HELP" to the corresponding short code of the service you are using.
4. THE PRODUCTS AND CONTENT: WHO OWNS THEM?
As an iamota Account holder, you will be able to mobilize various forms of Products and/or Content. iamota does not claim ownership of your Products and/or Content you distribute through the Service. The Products and Content will be owned by you or a third party from whom you got permission to include the Products and/or Content. By including Products and/or Content within the Service, however, you grant iamota a worldwide, royalty-free, and non-exclusive license, for as long as your Products and/or Content are displayed by iamota, to reproduce, display, modify, adapt and publish the Products and/or Content for the purpose of displaying, distributing and promoting your Products and/or Content on iamota and transmitting your Products and/or Content to mobile users upon their request. iamota may preserve and store Products and Content, and may also disclose Products and Content if required to do so by law, upon the request of a wireless carrier for Product and Content audit purposes, or if iamota believes in good faith that such preservation or disclosure is reasonably necessary to: comply with the legal process; enforce these Terms and Conditions; respond to claims that any Product or Content violates the rights of third parties; respond to reports of questionable Product or Content; or protect the rights, property, or personal safety of iamota, its users and the public.
The iamota Account holder, and not iamota, will be fully responsible for all Products, Content and Mobile Services that are uploaded, posted, transmitted or otherwise made available by the iamota Account holder on his or her Products, Content and Mobile Services. iamota cannot guarantee the accuracy, integrity or quality of such Products, Content and Mobile Services. iamota pre-screens all Products to ensure they fall within carrier guidelines for micro-content campaigns. However, iamota does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including that may violate these Terms, or that is otherwise objectionable. However, Content is filtered and monitored in the following ways: users must agree to these Terms and Conditions and the iamota Picture and Video Submission Policy when providing any Content; the iamota Admin Panel allows an administrator to frequently review all images, video and text based Content in the system; text based Content is filtered through a "bad word" dictionary which replaces full matches with asterisks (***) before sending the Content to a mobile user's device; the Content is then automatically flagged for immediate moderator review to determine if the source is inappropriate; where an offending piece of Content is found in the system, it is immediately disabled; and finally, serious offenses or repeat offenders may have their account terminated by iamota and be banned from providing Content in the future. iamota cannot take responsibility for anything that your visitors may do in reliance on the Content you include in the Service.
5. THIRD PARTY PRODUCTS AND CONTENT APPEARING ON ANY IAMOTA WEBSITE
Links and Advertisements
From time to time IAMOTA may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any IAMOTA promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither IAMOTA nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
6. NO RESALE OF IAMOTA SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Content and Products. If you want to make commercial use of the Service, you must enter into an agreement with IAMOTA to do so in advance. Please contact us for more information.
7. RIGHT TO TERMINATE OR MODIFY TERMS AND CONDITIONS AND IAMOTA SERVICE
iamota may modify or terminate services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.
In the event iamota modifies these Terms and Conditions, you may terminate your use of iamota services. Your continued use of iamota services after any change to these Terms and Conditions will be deemed to be your agreement to the amended Terms and Conditions. iamota may also terminate your use, or right to use iamota services at any time for any reason. iamota reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, iamota services (or any part thereof) with or without notice. You agree that iamota shall not be liable to you or to any third party for any matter related to, aiming out of, or caused by the modification, suspension or discontinuance of iamota services for any reason. Termination of your iamota Account includes elimination of access to all iamota services, deletion of your account information such as your Email Address and Password, and deletion of your Content, Products and Mobile Services stored within your iamota Account as permitted or required by law.
8. IAMOTA CAN TERMINATE YOUR USE OF THE SERVICE
iamota, in its sole discretion, may terminate your account, password or use of or access to the service, and remove and discard any Content, Products or Mobile Services, for any reason. Some of the more likely reasons for termination are violating the iamota Picture and Video Submission Policy, providing inaccurate information in the sign-up process, hacking Content, Products or the Service, illegal transactions via the Service, and otherwise acting in violation of the terms or the spirit of these Terms and Conditions. If iamota terminates your use of the Service, then your Content, Products and Mobile Services may be immediately deleted. In this event, iamota will not be responsible to you or any third party for any termination of your access to the Service.
9. MOBILE USERS CAN TERMINATE USE OF THE SERVICE
As a mobile user, you can cancel any and all iamota Subscription Services by sending a text message from your mobile device containing only the word "STOP" to the corresponding short code of the service you are using at any time. IAMOTA will send you a text message confirming the cancellation. If you have any questions about cancellation please contact us at firstname.lastname@example.org, or call 1-866-5IAMOTA (1-866-542-6682).
In the event that your account or subscription is terminated or canceled, IAMOTA will not refund any fees. Your sole right and remedy with respect to any dispute with IAMOTA is to cancel your account.
10. IAMOTA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except and expressly authorized by iamota, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
As a mobile user, your use of the Service or download of Content and Subscriptions is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All Products or Content in the Service or on any IAMOTA website, such as the text, graphics, logos, button icons, images, ringtones, video, games, data compilations, and software, is the property of IAMOTA or its Product and/or Content suppliers and protected by the laws of Canada and other countries, and by international treaties.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of IAMOTA and/or its affiliates, licensors and/or licensees. iamota and the iamota logo (the "iamota Marks") are trademarks of iamota corporation. All rights are reserved to iamota corporation. You agree not to display or use, in any manner, the iamota Marks, without iamota's prior permission.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAMOTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IAMOTA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE, OR THAT ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM IAMOTA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IAMOTA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IAMOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IAMOTA RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $10.00 OR THE AMOUNT YOU PAID FOR THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify and hold harmless iamota, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any terms of these Terms and Conditions, or other claim related to your use of the Service.
The Service is personal to you, and may not be assigned without iamota's express written consent. These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to the jurisdiction of the courts of the Province of British Columbia, other than for injunctive relief by iamota. You agree that these Terms and Conditions are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages. These Terms and Conditions shall constitute the complete and exclusive agreement between you and iamota, and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
If you have any questions or concerns regarding this agreement, please contact us at email@example.com.