MobFox – Terms of Service
The MobFox Mobile Advertising Network (“Service”), owned and operated by Mobfox Mobile Advertising GmbH (“MobFox”), a company incorporated under the laws of Austria, is provided to you (“Member”, “Advertiser”, “Publisher”) under the Terms and Conditions (“Terms”) of this Service Agreement (“Agreement”), and any amendments thereto and any operating rules or policies. MobFox reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation with the Service following our posting of a new agreement on our site will constitute a binding acceptance of the change.
1.1 By accepting the Terms of the Agreement, the Member
(a) represents and warrants that s/he is of at least 18 years of age
(b) agrees to provide accurate, current and complete information about Member as prompted by the Account Registration Form; and
(c) agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by Member is inaccurate, not current or incomplete, MobFox has the right to terminate Member’s account.
1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE “Register” BUTTON, YOU AGREE TO BE BOUND BY THE AGREEMENT. If these Terms or any future changes are unacceptable to you, you may cancel your account according to the Termination of Service.
2. DESCRIPTION OF SERVICE
By completing Registration, Member creates an account with the Service. Member accounts can function as both an Advertiser and/or Publisher (“Publisher” and “Advertiser” respectively). The dual role of the Service account gives the Member the ability to purchase advertising by providing funds and selecting Publishers to display their ads on the Publisher’s mobile website for specified periods of time in an Advertiser role, and/or promoting Advertiser ads on the Member’s mobile website in a Publishing role.
2.1 Editorial Review - MobFox will review each ad and mobile application or website individually, and has the right to reject the Advertiser’s ad or Publisher’s mobile application / website for any reason.
2.2 Technical Support - Members may receive technical help and resolve billing inquiries by contacting MobFox Support via e mail at email@example.com
2.3 Neither this Agreement, nor any documentation furnished under it is intended to express or imply any warranty that the Service will be uninterrupted, timely or error-free. MOBFOX LIABILITY TO MEMBER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MEMBER TO THE SERVICE OVER THE COURSE OF THE EXISTING TERM.
2.4 USE OF THE SERVICE SUBMISSIONS: By submitting material or web page listings to the Service (including information regarding the listing) you are irrevocably granting MobFox, its licensees, and any entities in the Service, the right to use all parts of the material without limitation including, but not limited to, modifying it or using it commercially and authorizing others to do so. MobFox reserves the right to edit, refuse, reject or remove any mobile application/website or ad at its discretion at any time from the Service.
3. MEMBER REPRESENTATIONS
Member affirms that he is the legal owner of the URL specified in his Advertiser account, an employee of the legal owner of the domain, or has obtained express written permission from the legal owner of the domain for use of the Service with the aforementioned domain. Member expressly agrees to indemnify MobFox from any claims by any third party arising from use of the Advertiser Service with the specified URL.
4. ADVERTISER FEES AND PUBLISHER PAYMENT
If Member is an Advertiser, Member shall pre-pay all applicable fees, as described in the Service, in connection with such Services selected by Member. If Member is a Publisher, Member shall receive a percentage of the “Net Revenue” of advertisements associated with Member’s use of the Service as solely determined by MobFox. Net Revenue shall mean revenues actually received by MobFox from the sale of Advertisements displayed on Publisher’s mobile website less taxes. Publisher may in addition to online transfer methods in the service, request payment by invoice.
MobFox reserves the right to change payment dates, amounts, and service(s) at any time, with or without prior notification to member, which may be posted on the Service website, in Member’s Service account, or emailed to Members.
4.1 MINIMUM DEPOSIT: Service Member must have a $10.00 fund balance in his/her Advertiser account. All funds maintained in Advertiser account will be distributed equally among currently active ad campaigns to ensure continuity of service. MobFox reserves the right to reject any ad for any reason.
5. CLICK FRAUD
All ad campaigns are closely monitored for fraudulent activity by MobFox. Publisher accounts believed to be responsible for fraudulent clicks will be automatically restricted from use of their Publisher area, and investigated for click fraud. Any revenue believed to be generated by fraudulent clicks will be refunded to the Advertiser in good faith. CLICKING ON YOUR OWN AD SPACE COUNTS AS CLICK FRAUD AND WILL RESULT IN AUTOMATIC TERMINATION. MobFox reserves the right to reject any or all requests for investigation of assumed click fraud by any Member at their discretion.
6. TERMINATION OF SERVICE
MobFox may terminate the Service with or without cause at any time, effective immediately and without prior notice. MobFox may terminate a Member via written or email notice as necessary. Request of Termination initiated by Member must be requested via email. MobFox shall not be liable to Member or any third party for Termination of Service.
Should Member object to any Terms of the Agreement or any subsequent modifications hereto, or become dissatisfied with the Service in any way, the Member’s sole recourse is to immediately contact MobFox support by emailing directly to firstname.lastname@example.org
Upon termination of the Service, Member’s right to use the Service instantly ceases. Member shall have no right, and MobFox shall have no obligation thereafter, to forward any information associated with Member’s account. Any amount(s) paid for the month in which you cancel, and/or any fee(s) for any month expired before your termination, is non-refundable.
6.1 MobFox may terminate Member without any prior notice if Member has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. MobFox reserves the right to immediately suspend or terminate any Member, mobile website, mobile application, and/or restrict Member’s access to the Service until any breach or noncompliance is cured.
6.2 TERMINATION FOR ILLEGAL OR OTHER ACTIVITY: MobFox may, but has no duty to, immediately terminate Member and remove it from the Service servers if in its sole discretion MobFox concludes that Member is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of MobFox or others. Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure.
6.3 WAIVER: Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
6.4 DELETION OF INFORMATION: Upon termination, MobFox reserves the right to delete from its servers any and all information contained in Member’s account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.
6.5 The provisions of Section 7.0 EXCLUSION OF WARRANTIES, to Section 13.0 GENERAL LEGAL TERMS of this Service Agreement shall survive any termination of the Agreement.
7. EXCLUSION OF WARRANTIES
7.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 7.0 TO 13.0, SHALL EXCLUDE OR LIMIT MOBFOX WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
7.3 IN PARTICULAR, MOBFOX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBFOX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.6 MOBFOX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBFOX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS THROUGH THE SERVICE;
(B) ANY CHANGES WHICH MOBFOX MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(D) YOUR FAILURE TO PROVIDE MOBFOX WITH ACCURATE ACCOUNT INFORMATION;
(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
8.2 THE LIMITATIONS ON MOBFOX LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT MOBFOX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. COPYRIGHT AND TRADEMARK POLICIES:
9.1 It is MobFox policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
10.1 Some of the mobile websites/applications are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the mobile websites/applications, queries made through the mobile websites/applications or other information.
10.2 The manner, mode and extent of advertising by the Service on the mobile websites/applications are subject to change without specific notice to Member.
11. OTHER CONTENT:
11.1 The mobile websites may include hyperlinks to other mobile websites or content or resources. MobFox may have no control over any mobile websites or resources which are provided by companies or persons other than MobFox.
11.2 You acknowledge and agree that MobFox is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such mobile websites/applications or resources.
11.3 You acknowledge and agree that MobFox is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such mobile websites/applications or resources.
12. CHANGES TO THE TERMS:
12.1 MobFox may make changes to the Service at any time. When these changes are made, MobFox will make a new copy of the Agreement available at http://www.mobfox.com and be made available to you from within, or through, the Service.
12.2 You understand and agree that if you use the Service after the date on which the Agreement has changed, MobFox will treat your use as acceptance of the updated Agreement.
13. GENERAL LEGAL TERMS:
13.1 Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, which are 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, the Agreement does not affect your legal relationship with these other companies or individuals.
13.2 The Agreement constitutes the whole legal agreement between you and MobFox and governs your use of the Service (however excluding any services which MobFox may provide to you under a separate written agreement), and completely replace any prior agreements between you and MobFox in relation to the Service.
13.3 You agree that MobFox may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.
13.4 You agree that if MobFox does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MobFox has the benefit of under any applicable law), this will not be taken to be a formal waiver of MobFox rights and that those rights or remedies will still be available to MobFox.
13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
13.6 You acknowledge and agree that each member of the group of companies of which MobFox is the parent shall be third party beneficiaries to the Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
13.7 The Agreement, and your relationship with MobFox under the Terms, shall be governed by the laws of Austria without regard to its conflict of laws provisions. You and MobFox agree to submit to the exclusive jurisdiction of the courts located within the county of Vienna, Austria to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that MobFox shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you have any questions regarding the Agreement, please contact us at any time:
MobFox Mobile Advertising GmbH
Hietzinger Hauptstrasse 153/5A