Mobile Application Terms of Service

This Agreement (this “Agreement”) is made effective as of the date on the written Sales Order (the “Sales Order”), by and between Mixed Media Ventures, LLC, of 3651 Lindell Road Suite D, Las Vegas, Nevada 89103, (“Company”), and the signatory (“the Customer”) of Company’s Sales Order.

Company reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features, tools, and resources, are subject to the Agreement. Continued use of the Service after any such changes shall constitute Customer’s consent to such changes. Customer can review the most current version of this Agreement at any time at:

Violation of any of the terms below may result in the termination of Customer’s Services at Company’s sole discretion. This Agreement prohibits conduct and content on the Service which Apple, Inc., and Alphabet, Inc. (“Google”), would reject from their services.  Customer understands and agree that Company cannot be responsible for the content posted on the Service and Customer nonetheless may be exposed to such materials. Customer agrees to use the Service at Customer’s own risk.

  1. General Conditions. Customer’s use of the Service is at Customer’s sole risk. The Service is provided on an “as is” and “as available” basis.
    1. Technical support is only available via email. The technical support email address is [email protected]
    2. Customer authorize the Company to use, reuse, and to grant others the right to use and reuse, Customer’s Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after Customer’s use of the Services, for any purposes related to the Service.
    3. Customer understand that COMPANY uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    4. Customer must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other COMPANY service.
    5. Customer agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Company.
    6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company, customer, employee, member, or officer will result in immediate account termination.
    8. Customer understand that the technical processing and transmission of the Service, including Customer’s Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    9. Customer must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
    10. Customer must not transmit any worms or viruses or any code of a destructive nature.
    11. Company does not warrant that;
      1. the service will meet Customer’s specific requirements,
      2. the service will be uninterrupted, timely, secure, or error-free,
      3. the results that may be obtained from the use of the service will be accurate or reliable,
      4. the quality of any products, services, information, or other material purchased or obtained by Customer through the service will meet Customer’s expectations, and
      5. any errors in the Service will be corrected.
    12. Customer expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from:
      1. the use or the inability to use the service;
      2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
      3. unauthorized access to or alteration of Customer’s transmissions or data;
      4. statements or conduct of any third party on the service;
      5. or any other matter relating to the service.
    13. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between Customer and Company and govern Customer’s use of the Service, superseding any prior agreements between Customer and Company (including, but not limited to, any prior versions of the Terms of Service).
    14. In no event shall Company liability to Customer exceed the amount actually paid to Company by Customer at any time.
  2. DESCRIPTION OF SERVICES. On the date the Sales Order was executed, Company will provide to Customer the services indicated and described on the Sales Order (collectively, the “Services”).
  3. SERVICES AND PRICING. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
    1. Company shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Service.
    2. From time to time, Company may issue an update to the Company application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Company will do everything in its power to notify Customer in advance of an upcoming update, including details on what the update includes.
  4. PAYMENT AND REFUNDS. Payment shall be made to Mixed Media Ventures, LLC, 13 Central Avenue, Port Monmouth, NJ 07758. Customer agrees to pay a one-time initiation fee and monthly installment payment(s) for the development, creation, hosting of, and access to/for the Services. In all cases a deposit of 50% of the initiation fee is required, by credit card, cash, Company check, or certified check.  If Customer pays for the Services by Company check, work will not begin on the services until such time as the payment has cleared Company’s banking institution.
    1. In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Company has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.
    2. Apple, Inc. and Google may both require an additional fee to publish an application to their store for download by users. Company may act as an agent on behalf of the customer to create and manage these accounts and pass along the fees to the customer.
    3. A valid credit card is required for any Service requiring Web Hosting, Portal Access, and other Services as identified in the Sales Order
    4. There are no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account with Company. No exceptions will be made
    5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
    6. Company will use commercially reasonable efforts to have Customer’s application approved by Apple and/or Google.. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance by either party. If Customer’s application is denied by the appropriate mobile platform provider Customer may cancel Customer’s account, however there are no refunds under any circumstances.
    7. Company shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Company’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Company on similar projects.
  5. TERM AND CANCELLATION. The term (“Initial Term”) of this Agreement is 12 months from the date the Services are published to Apple, Inc. or Google. Upon completion of the Initial Term of this Agreement, the subsequent term is month to month.  This Agreement may be terminated by either party upon 60 days’ prior written notice to the other party after the Initial Term is completed. All cancellations must be by email with the subject line in capital letters CANCELLATION.  All cancellation requests should be sent to [email protected].
    1. Customer is solely responsible for properly canceling Customer’s account.
    2. All of Customer’s Content will be deleted from the Service upon cancellation. This information cannot be recovered once Customer’s account is cancelled.
    3. If Customer cancels the Service before the end of Customer’s current paid up month, Customer’s cancellation will take effect immediately and Customer will be charged a $250.00 cancellation fee.
    4. Company, in its sole discretion, has the right to suspend or terminate Customer’s account and refuse any and all current or future use of the Service, or any other Company Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Customer’s Account or Customer’s access to Customer’s account, and the forfeiture and relinquishment of all content in Customer’s Account.
    5. Company reserves the right to refuse service to anyone for any reason at any time.
  6. SERVICES TERMS.  Customer must be 18 years or older to use Services.
    1. Customer must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be terminated upon identification.
    2. Customer must provide Customer’s legal full name, a valid email address, and any other information requested on the Sales Order in order to complete the setup process.
    3. Customer is responsible for maintaining the security of Customer’s account and password. Company cannot and will not be liable for any loss or damage from Customer’s failure to comply with this security obligation.
    4. Customer is responsible for all Content posted and activity that occurs under Customer’s account (even when content is posted by other Customer representatives or Users who have access to Customer’s account).
    5. Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in Customer’s jurisdiction (including but not limited to copyright laws).
  7. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including “followers” or “friends,” that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Customer are the property of Customer.
  8. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Company in connection with the Services will be the exclusive property of Company. Upon request, Customer will execute all documents necessary to confirm or perfect the exclusive ownership of Company to the Work Product.
  9. COPYRIGHT AND CONTENT OWNERSHIP. Company claims no intellectual property rights over the material Customer provides to/for the Service. Customer’s profile and materials uploaded remain Customer’s. However, by using the Service, Customer agree to allow others to view and share Customer’s Content when published to Apple, Inc. and Google.
    1. Company pre-screens content during initiation and initial setup of the Service, but Company and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Company does not screen content once Customer’s Service is published to Apple, Inc. and Google.
    2. The look and feel of the Service is copyright 2017 and 2017. All rights reserved. Customer may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Company.
    3. Company may make certain software available to Customer through the Service. If Customer download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to Customer by Company, for Customer’s personal and noncommercial use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. Customer may not sell, redistribute, or reproduce the Software, nor may Customer decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
    4. Customer grants Company a license to use the materials Customer post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, Customer are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. Customer will not be compensated for any user content. By posting user content on the Service, Customer warrant and represent that Customer own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
    5. When accessing or using the Services, Customer agree to obey the law and to respect the intellectual property rights of others. Customer’s use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. Customer agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. Customer agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and Customer shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content Customer provide, post, or transmit, or that is provided or transmitted using Customer’s user name or user ID.
    6. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with Customer.
    7. All Company content included on its site, its Software, and through the Service is the property of COMPANY and is protected by U.S. and international intellectual property laws. All COMPANY content, Software, code, HTML/CSS, and visual design data is Copyright 2016/2017.
    8. Company reserves the right to omit third party organizations in connection with Services Company uses to enable Company’s Services features for Customer and Customer’s User (the “User” or “Users”).
  10. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
    1. The failure to make a required payment when due. Customer’s account will be suspended 15 days after failure to make payment for the Services.
    2. The insolvency or bankruptcy of either party.
    3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
    4. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
  11. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 60 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
  12. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
  13. ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.  The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
  14. CONFIDENTIALITY. Company, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to Customer. Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
    1. Upon termination of this Agreement, Company will return to Customer all records, notes, documentation and other items that were used, created, or controlled by Company during the term of this Agreement.
  1. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
  2. ASSIGNMENT. Neither party may assign or transfer this Agreement without prior written consent of the other party, which consent shall not be unreasonably withheld.
  3. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
  4. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.
  5. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
  6. WAIVER OF AGREEMENT RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
  7. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of New Jersey.