GET IT® Terms of Service

Effective Date: November 20, 2013

1. What are the GET IT Terms of Service

2. Eligibility and Acceptance

3. Using the Service

4. Availability

5. Personal Information

6. Fees, Third Party Service

7. Opt-out of messaging

8. Allegation of Copyright Infringement

9. Licenses

10. Intellectual Property

11. Limitations on Liability

12. Indemnification

13. Miscellaneous

 

1. What are the GET IT Terms of Service?

The GET IT mobile app and content marketing and advertising service (the “Service”) is provided by GET IT Mobile, Inc. (“GET IT”, “we” or “us”). The Service allows content publishers to market their mobile apps and content throughout many venues, including websites, social networks, email or even offline media. Users simply enter their mobile phone number, email address, scan a QR code, text us a keyword or click on a get.it link, and GET IT connects them with the advertised mobile app or content. GET IT also provides a mobile user acquisition service that allows content publishers to drive mobile app installs by leveraging our advertising service in a large variety of mobile apps and on mobile websites. This Terms of Service Agreement, our Privacy Policy and any other rules posted in connection with the Service (the “Terms”) set forth the legally binding terms and conditions for your use of the Service. Please read these Terms carefully as they govern your use of the Service. There may be additional conditions applicable to certain parts of the Service.

2. Eligibility and Acceptance

If you are not at least 13 years old, please do not use the Service, or if for any reason you do not agree with all the Terms, please do not use the Service, because by attempting to use or by using the Service, you certify that you are at least 13 years of age and agree to the Terms.

3. Using the Service

When entering a phone number or email address in connection with the Service, you represent and warrant to us that you are permitted to provide us with this information. You are not permitted to use any phone number or email address with the Service that is not your own. Further, you acknowledge and agree that the Service may communicate with your mobile device via email and/or text messages and that standard messaging or data rates may apply in connection with such communication (see Section 6 for more detail).

4. Availability

The Service may not be available in some areas or your country of residence. A compatible computer and/or mobile device is required for the use of the Service, and the Service may not be available on all computers or wireless devices. GET IT reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. GET IT may also decide to discontinue the Service or any part thereof in its sole discretion. You hereby agree that GET IT, at its sole discretion and without notice to you, may at any time change or discontinue the Service, or terminate your use of the Service. Further, you agree that GET IT shall not be liable to you or any third party for any termination of your access to the Service.

5. Personal Information

Our Privacy Policy governs all use of your personal and non-personal information (“Information”) collected through the Service. For more details, please review our Privacy Policy.

6. Fees, Third-Party Service

Your use of the Service may be or may become subject to charges by your wireless carrier (e.g. Verizon Wireless or AT&T) as it involves the transmission of data and messages through your wireless carrier’s network. A single use of the Service may cause the transmission of several messages. GET IT assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. Consult your wireless carrier for details regarding your individual wireless service and associated messaging and data charges. Further, you acknowledge that the Service is facilitating the delivery of mobile apps and content provided by third party publishers. These third party publishers may charge you fees for mobile apps or content marketed by means of our Service. GET IT has no control over such fees and assumes no responsibility for any such fees or charges by any third party. We are not a publisher of such third party content accessed through the Service, and we are not responsible for the content, accuracy, timeliness or delivery of any content or any other information provided by third parties accessible through the Service.

7. Opt-out of messaging

Messages that may be in connection with the Service are “standard rate, non-recurring messages”. In the United States, you may opt-out of receiving text messages sent by the Service at any time by sending an SMS message with the text “STOP,” to 47222 (or such other number as may be designated by GET IT). After you have opted out, you will no longer be able to use the Service until you re-start the Service by sending an SMS message with the text “START,” to 47222 (or such other number as may be designated by GET IT).

8. Allegations of Copyright Infringement

You may notify GET IT of copyright infringement in connection with the Service by providing notice:
(a) via email to copyright[at]getitmobile.com* with “Copyright Notification” in the subject, or
(b) by regular mail in an envelope titled “Copyright Notification” mailed to GET IT Mobile, Inc., Attn: Copyright Agent, 2880 Stevens Creek Blvd., Suite 350, San Jose, CA 95128.

Your notice must:

• Identify the original copyrighted work you claim is infringed;

• Identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for GET IT to locate the allegedly infringing content on the Service;

• Provide your contact information, including your full name, mailing address, telephone number, and email address, if available;

• Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• Provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and

• Provide your signature.

9. Licenses

GET IT does not claim ownership in your data. Your submission of data to the Service does not transfer ownership rights in the data to GET IT. However, by submitting data to the Service you grant GET IT a worldwide non-exclusive, sublicensable, assignable, fully paid, royalty-free, perpetual and irrevocable license to use your data in accordance with these Terms and our Privacy Policy.

10. Intellectual Property

You acknowledge that all the intellectual property rights in the Service and the underlying technology is owned by GET IT or our licensors. All rights not expressly licensed are reserved. You agree not to reproduce, reverse engineer, modify, or create derivative works based on, the Service. You are hereby notified that several elements of the Service have Patents Pending.

11. Limitation of Liability

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. GET IT does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. Except for liability for death or personal injury caused by gross negligence or intentional misconduct, GET IT shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service.

11. Indemnification

You agree to defend, indemnify and hold harmless GET IT from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any rights or privacy of a third party.

12. Miscellaneous

 

12.1 Choice of Law and Arbitration

These Terms shall be governed by the laws of the State of California, USA, without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Santa Clara County, California within three (3) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that GET IT may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”). Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity.

12.2 Validity

The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.

12.3 Changes in Terms

GET IT reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, GET IT will provide a notice advising of such change at the beginning of these Terms. You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

12.4 Links to Third Party Sites and Content

GET IT may include links in the Service that link to other mobile or Internet sites that are owned or operated by third parties and that are not part of the Service (GET IT websites are always provided at the “get.it” or “getitmobile.com” web addresses). Upon following a link to a third-party site, you shall review and agree to that site’s terms of use and terms of privacy before using such site. You acknowledge and agree that GET IT has no control over the content of third-party sites and cannot assume any responsibility for services provided, data collected or material published by such sites. A link to a third-party site does not imply that GET IT endorses the site or the products or services referenced in the site.

12.5 Disclosures

Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. Parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available, see www.google.com/Top/Computers/Internet/Child_Safety/

Copyright/Trademark Information. Copyright © 2011-2012, GET IT Mobile, Inc. All rights reserved. Get It® is a trademark, and in some jurisdictions, registered trademark of GET IT Mobile, Inc. The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed in connection with the Service are GET IT’s property or the property of other third parties. You are not permitted to use these Marks without GET IT’s prior written consent or the consent of such third party, which may own the Marks.

*Please replace the [at] placeholder with the actual @ symbol before using this email address to contact us.