MOBILE QR MEDIA, LLC
TERMS OF USE
For more information or if you have any questions about these Terms of Use, please contact us.
Acceptance of Terms of Use
The following is an agreement ("Agreement") between you ("Customer") and Mobile QR Media, LLC, an Arizona limited liability company and/or its affiliates ("Mobile QR Media"). By accessing, browsing, subscribing to, and using this website ("Site") and by using Site features, and by using products, services, or software provided by Mobile QR Media in connection with any of the foregoing (collectively, "Mobile QR Media Services") available through this Site, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.
From time to time, Mobile QR Media may modify this Agreement and post those modifications here on this Site. Your use of this Site after any such modification constitutes your acceptance of the modified Agreement.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Mobile QR Media from its offices within the United States. Mobile QR Media makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Ownership and Proprietary Information
The content and information on this Site is proprietary to Mobile QR Media or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, "Mobile QR Media Content Providers"). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, products or services obtained from or through this Site.
Subject to your compliance with this Agreement, as applicable, Mobile QR Media Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mobile QR Media Services. This license does not include any resale or commercial use of any Mobile QR Media Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mobile QR Media Service or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Mobile QR Media Content Providers.
Use Restrictions and Intellectual Property
This Site may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Mobile QR Media for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
No Mobile QR Media Service, nor any part of any Mobile QR Media Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mobile QR Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mobile QR Media without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mobile QR Media's name or trademarks without the express written consent of Mobile QR Media. You may not misuse the Mobile QR Media Services. You may use the Mobile QR Media Services only as permitted by law. The licenses granted by Mobile QR Media terminate if you do not comply with this Agreement.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Mobile QR Media's proprietary rights in them.
Changes
Information on this Site may be changed or updated without notice. Mobile QR Media may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Availability
Information that Mobile QR Media publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Mobile QR Media intends to announce such products, programs or services in your country. Consult Mobile QR Media for information regarding the products, programs and services which may be available to you.
Information "AS IS"
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY MOBILE QR MEDIA ON AN "AS IS" BASIS ONLY. MOBILE QR MEDIA PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOBILE QR MEDIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OFFERED ON THIS SITE, EVEN IF MOBILE QR MEDIA OR A MOBILE QR MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHEN YOU USE THE MOBILE QR MEDIA SERVICES, YOU MAY BE USING THE SERVICES OF ONE OR MORE THIRD PARTIES OR OBTAINING PRODUCTS OR SERVICES FROM THIRD PARTIES. YOUR USE OF THESE THIRD PARTY PRODUCTS OR SERVICES MAY BE SUBJECT TO THE SEPARATE POLICIES, TERMS OF USE, AND FEES OF THESE THIRD PARTIES. IN NO EVENT SHALL MOBILE QR MEDIA BE SUBJECT TO DAMAGES RELATED TO ANY SUCH THIRD PARTIES.
Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
Transmissions
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mobile QR Media or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing its products. Notwithstanding the foregoing, all personal data provided to Mobile QR Media will be handled in accordance with Mobile QR Media's Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
End User Communications
Mobile QR Media, at any time now or in the future, may allow you and other end users to use this Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through this Site from time to time (collectively "Communities"). In the event of the existence of such Communities, Mobile QR Media shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Mobile QR Media, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mobile QR Media shall also have the right, but not the obligation, to remove any material from the Communities that Mobile QR Media, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Mobile QR Media.
By posting any materials or other information on or through the Communities, you grant Mobile QR Media a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
This Site may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
Revisions to This Agreement
Mobile QR Media may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Digital Millennium Copyright Act ("DMCA") Notice.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
© 2017-2020 Mobile QR Media, LLC