Before using our services, please read these Terms and conditions of Service carefully as they govern your use of the services provided at Mobiry (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Mobiry Technologies Inc. ("Mobiry"). Mobiry may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when Mobiry does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.
Supported Carriers: Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, nTelos, Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile, Rogers, Telus, Bell, Fido
1. Purpose and Description of Services.
Mobiry provides mobile marketing and ticketing solution services that work with a variety of brands to leverage SMS and Interactive Voice response (IVR) into existing brand marketing campaigns.To use our Services, you select a unique keyword. The use of such keyword in the Mobiry service does not grant you ownership of such keyword. Mobiry retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. Mobiry may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that Mobiry shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of Mobiry and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. Mobiry uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Mobiry. By using the Services you agree that Mobiry shall not be liable to you for any modification, suspension or discontinuance of the Services.
By using Mobiry platform, you agree to maintain the content absent of offensive, indecent or objectionable Content. Under no circumstances will Mobiry be liable in any way for any Content, including, but not limited to, the subject matter of any Content, 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 transmitted or otherwise made available via Mobiry platform.
2. Restrictions on the use of the Services.
By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content that is unlawful, harmful, threatening, defamatory or hateful or invade the privacy of any third party, or otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Mobiry reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, Mobiry reserves the right to share any information with any third party. In addition, Mobiry reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
3. Trademarks and Copyrights
All trademarks, brands and service marks used in conjunction with the Services by Mobiry shall be the property of Mobiry. Mobiry shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at Mobiry. Permission for use of such content must be obtained from the copyright owner. Mobiry claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to Mobiry a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
4. Copyright Infringement.
Mobiry respects the intellectual property rights of others. However, you agree that Mobiry is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact Mobiry via the email address:
5. Disclaimer of Warranty and Limitations of Liability.
Mobiry expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL Mobiry BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Mobiry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold harmless Mobiry and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Mobiry reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to defence by you, in which event you will cooperate with Mobiry and its counsel in the conduct of such defence.
7. Forum and Choice of Law.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the province of British Columbia and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Cancellation Policy.
By using Mobiry platform you agree with the Refund Policy of Mobiry Technologies Inc. (“Mobiry”)..
9. Entire Agreement.
These Terms of Service constitute the entire agreement between the you, the user, and Mobiry with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Mobiry and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.