Terms & Conditions

Mobile Growth Community Forum Terms & Conditions as of 4/29/15

The following agreement sets the terms of your use of Mobile Growth Community (“MGC”) forum and services. These terms & conditions seek to preserve a collaborative forum for mobile growth enthusiasts worldwide. By using the service, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use the MGC forum. If you under 13 years old, you should not use the MCG forum.

Usage

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to MGC, (2) suspend or terminate your Account, and/or (3) remove any of your User Content from the MGC.

We reserve the right, but no responsibility, to monitor the forum, and your use of the Service means you agree to such monitoring. MGC is for your personal, lawful use. You may not use the Service to break the law, violate an individual’s privacy, or infringe any person’s or entity’s intellectual property or any other proprietary rights. MGC is not intended to be a marketplace for any goods or services.

Content

By submitting user content to MGC, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to MGC. MGC is not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam.

Restrictions

You agree not to interrupt the serving of MGC, introduce malicious code onto MGC, make it difficult for anyone else to use MGC due to your actions, attempt to manipulate votes or MGC’s systems, or assist anyone in misusing MGC in any way. MGC is not directed at people under the age of 13, and we do not knowingly collect any personal information from such people.

Data usage

We collect the content and other information you provide when you use our Services. This includes information used to create your account (e.g., a username, password, and email address), account preferences and the content of information you post to the Services (e.g., text, photos, videos, links). We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, user interactions (e.g., voting data), the requested URL, hardware settings, and search terms.

We may use such information to:

  • Provide, maintain, and improve the Services
  • Help protect the safety of our users—including blocking suspected spammers, addressing abuse, etc.
  • Send technical notices, updates, security alerts, invoices and other support and administrative messages
  • Communicate about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you
  • Monitor and analyze trends, usage, and activities in connection with our Services
  • Personalize the Services, content, and features that match user profiles or interests

We will not share, sell, or give away any of our users’ personal information to third parties, unless one of the following circumstances applies:

  • We may share information with vendors, consultants, and other service providers who need access to such information to carry out work for us
  • If you participate in contests, sweepstakes, promotions, special offers, or other events or activities in connection with our Services, we may share information with entities that partner with us to provide these offerings
  • We may share information (and will attempt to provide you with prior notice, to the extent legally permissible) in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request
  • We may share aggregated or de-identified information, which cannot reasonably be used to identify you.

Opt Out

As a MGC user, you have choices about how to protect and limit the collection, use, and disclosure of, information about you including:

Account Information

You may delete your account information at any time by requesting removal from an admit at [email protected] When your account is deleted, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that the posts, comments, and messages you submitted prior to deleting your account will still be visible to others, unless you previously delete such content. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.

Cookies

Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject first- and third-party cookies.

Third-Party Advertising and Analytics

Some analytics providers may provide specific opt-out mechanisms (e.g. Universal Analytics Opt-out), and we will provide, as needed, additional tools and third-party services that allow you to better understand cookies and how you can opt-out. You have the ability to opt out of having your web browsing information used for behavioral advertising purposes.

 

Promotional Communications

You may opt out of receiving promotional communications from us by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as information about your account or your use of our Services.

International Data Transfers

We are based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law. Branch complies with the U.S.-E.U. and U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

Copyright

We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content that we deem to be infringing the copyright of others. If you become aware of user content that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to us. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:

Branch Metrics Privacy Officer

2443 Ash Street

Palo Alto, CA 94306

[email protected]

Please send the following information:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  • The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Right to counter-notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via email and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  • Your physical or electronic signature
  • Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled
  • A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on MGC before that period passes, we will consider restoring your user content to the site.

Indemnity

You agree to hold MGC, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of MGC, your violation of this user agreement, and/or your violation of the rights of any third party or person.

Warranties

MGC is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that MGC will always work properly.

Liability Limitations

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use MGC, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of MGC.

Governing Law

If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at [[email protected]]

Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Francisco County, California.

Severability

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future. This user agreement is the entire agreement between you and us concerning MGC. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the MGC website. By continuing to use MGC after a change to this agreement, you agree to those changes.

Changes

We may change these Terms & Conditions from time to time. If we do, we will let you know by revising the date at the top of the policy. If we make a change to this policy that, in our sole discretion, is material, we will provide you with additional notice. We encourage you to review the Terms whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. If you continue to use our Services after the T&C changes go into effect, you consent to the revised Terms.

 

[  ] I CONFIRM THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE TERMS AND CONDITIONS TO USE THE MOBILE GROWTH COMMUNITY FORUM.