Mobile Website Terms of Service
Mobile Website Development Services, Additional Terms and Conditions Mixed Media Ventures has the following additional terms and conditions also apply (collectively, the “Agreement”):
- Payment. As consideration for Mixed Media Ventures providing the Custom Services, Customer agrees to pay Mixed Media Ventures the design fees set forth in the written agreement between Customer and Mixed Media Ventures (the “Order Confirmation”). The initial set-up fee is non-refundable, unless the Customer requests to cancel the Custom Services within Seventy-Two (72) hours of placing the related order.
- Provision of Services. Mixed Media Ventures will provide Customer with the Custom Services ordered that are described in the Order Confirmation. Customer understands and agrees that Mixed Media Ventures will publish the Custom Mobile Website solely in accordance with the information provided by Customer in the written form and telephone interview. After Customer provides all required information and files, Mixed Media Ventures will begin building the Custom Mobile Website. Unless otherwise indicated in the Order Confirmation, Mixed Media Ventures will deliver a complete Web site within thirty (30) calendar days. This is dependent on the Customer providing all necessary content within seven (7) business days of the sale and Customer providing feedback on website progression stages within two (2) business days. The Custom Mobile Website will be made available for Customer to view prior to hosting for purposes of editing for corrections to content only. Customer is elidgible for three (3) edits and revisions of the Custom Mobile Website prior to publishing. Editing beyond correction of content will be considered as additional services or part of a monthly update service (if Customer selects this service for an additional $99 per month) and will be billed as such. Mixed Media Ventures will bill any final balance upon the earlier of (i) four (5) business days from the date the Custom Mobile Website is made available for Customer review or (ii) forty-five (30) days from purchase date, regardless of the status of the Custom Mobile Website progress. Mixed Media Ventures will attempt to contact the Customer to notify Customer that the Custom Mobile Website is completed and ready to publish. In the event the Customer does not respond within four (5) business days, the Custom Mobile Website shall become “passively accepted” by the Customer and Mixed Media Ventures will publish the Custom Mobile Website and bill any remaining amounts owed.
- Rights to the Custom Mobile Website and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4 below, Customer is to be considered the owner of the Custom Mobile Website and Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Mixed Media Ventures. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Mixed Media Ventures, and licensed by Mixed Media Ventures or generally available to the public, including Customer, under published licensing terms, and that Mixed Media Ventures will use in the development of or to display or run a Custom Mobile Website. The graphics utilized from Mixed Media Ventures’s graphics library are licensed from third-party suppliers. Mixed Media Ventures will provide Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, Mixed Media Ventures will deliver the Customer’s source files and database script, if applicable, at the pre-determined price indicated on the Order Confirmation. Customer will be required to remit full payment of the fees prior to Mixed Media Ventures providing the information via compact disc or other method agreed up between Mixed Media Ventures and Customer.
- Limited License to the Background Technology. “Background Technology” means computer programming & formatting code or operating instructions developed by or for Mixed Media Ventures and used to create any portion of the Custom Mobile Website or used to operate the Custom Mobile Website or a Web server in connection with the Custom Mobile Website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content or any derivatives, improvements, or modifications of the Customer Content. Subject to the terms and conditions of this Agreement, Mixed Media Ventures hereby grants Customer a perpetual, nonexclusive license to transmit, display, and otherwise use only such Background Technology that is incorporated into the Custom Mobile Website, in whole or in part, solely as necessary for Customer to operate, maintain, and make the Custom Mobile Website available in the normal course of Customer’s business. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Mixed Media Ventures. Without the prior written consent of Mixed Media Ventures, Customer may not either directly or through a third party, (i) copy, modify, adapt, alter, translate, or create derivative works from the Background Technology; (ii) distribute, sublicense, lease, rent, loan, or otherwise transfer the Background Technology to any third party; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Background Technology. In the event of expiration or termination of this Agreement for any reason, the any Background Technology licenses granted under this Agreement shall automatically and immediately cease and you shall destroy all copies the Background Technology or related documentation in your possession.
- Mixed Media Ventures Warranties. Mixed Media Ventures warrants (i) that the Custom Mobile Website will conform to specifications or acceptance criteria agreed to by the Parties when delivered to Customer and for a period of one (1) year thereafter (the “Warranty Period”) and (ii) that Mixed Media Ventures will perform the Custom Services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Mixed Media Ventures’s warranties hereunder will not extend or apply to any Custom Mobile Website modified by any party other than Mixed Media Ventures. In the event that Customer discovers an Error in the Web site during the Warranty Period, Mixed Media Ventures’s sole responsibility will be to use reasonably commercial efforts to correct such Errors.
- For the purposes of this Agreement, “Error” means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Custom Mobile Website delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Mixed Media Ventures’s warranty obligations are personal to Customer under these additional terms and conditions and may not be extended to any third party.
- Support. Mixed Media Ventures agrees to provide reasonable technical support to Customer during Mixed Media Ventures normal technical support hours. Mixed Media Ventures additionally agrees to provide customer service support in the form of e-mail and telephone during Mixed Media Ventures normal customer support hours.