Terms and Conditions
THIS AGREEMENT CONTAINS mkMob'S TERMS OF SERVICE(TOS), WHICH IS AN AGREEMENT THAT SHOULD BE ACCEPTED BY YOU ("The User") OF THE SERVICES OFFERED BY www.mkmob.com ("Company", "The Company", "mkMob Pvt Ltd", "mkMob"). IF YOU DO NOT AGREE TO THESE TERMS THEN DO NOT CREATE ANY ACCOUNT AND YOU WILL HAVE NO RIGHT TO USE THE SERVICE
The Web pages available at www.mkmob.com, and all linked pages unless indicated otherwise ("Site"), are owned and operated by mkMob Pvt Ltd and are accessed by you ("User") under the following terms and conditions: ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, The Company may offer to provide certain services that relate to facilitating the sale of mobile advertisements by bringing together mobile advertisers, publishers, and affiliates as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). The Company may change, suspend or discontinue the Services (or User's access thereto) at any time, including the availability of any feature or Content, without notice or liability. mkMob reserves the right, at its discretion, to refuse to allow access to the Services to any User at any time. mkMob also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email. Use of the Services by User following such notification constitutes User's acceptance of the modified terms and conditions. User certifies to The Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User warrants, represents and agrees that he/she will not contribute, submit or make available through the Services, or use the Services in connection with, any Content that is infringing, libelous, defamatory, abusive, offensive or otherwise violates any law or right of any third party. User shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. The Company reserves the right to remove any Content from the Site at any time, or to terminate User's right to use the Services or access the Site, for any reason.
As a condition to using Services, User is required to register an account with mkMob and select a password and enter User's email address ("Company User ID"). User must provide Company with accurate, complete, and updated registration information. Failure to do so may constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. User shall be responsible for maintaining the confidentiality of their password.
3.) CODE IMPLEMENTATION:
Users may list assets including but not limited to mobile sites, applications, and device platforms ("Mobile Properties") and make them available for advertisement. Users hereby grant The Company the right to access, index and cache requests made from User's Mobile Property to the Service, including by automated means. Users may produce content including but not limited to text links, banners, videos, and graphics ("Advertisements") for display on a publisher's Mobile Property. User agrees to comply with the technical specifications provided by The Company to enable proper display of the Advertisements in connection with the Services.
4.) RIGHT TO MONITOR AND EDITORIAL CONTROL
The Company reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Web Site or through the Web Site's services or features by users, and mkMob is not responsible for any such information and materials posted by users. However, mkMob reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in mkMob's sole discretion are objectionable or in violation of these Terms and Conditions, Company policies or applicable law. We may also impose limits on certain features of the site or restrict your access to part or all of the site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
5.) PAYMENTS AND FEES:
Some of the Services require payment of fees. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is an advertiser, User shall pre-pay all applicable fees, as described on the Site, in connection with such Services selected by User.
The Company reserves the right to change the amount paid to publishers at any time. User shall receive a percentage of the Net Revenue of Advertisements associated with User's use of the Services as solely determined by Company, "Net Revenue" shall mean revenues actually received by The Company from the sale, use or other disposition of Advertisements displayed on Publisher's Mobile Property less sales, use and excise taxes, less any agency commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by mkMob to third parties from time to time. The portion of Net Revenue received by User shall be determined on the first Monday of each calendar month, on which day those revenues accrued to User's account forty-five (45) or more days earlier shall become eligible to be paid.
Payments to User shall be sent by mkMob via PayPal, Bank Wire, and Western Union subject to the Publisher providing complete and accurate payment information. Payments will be sent via PayPal only if User's earned balance is greater than or equal to $25 US(Twenty-Five US dollars). Wire transfers and Western Union payments will only be sent if User's earned balance is greater than or equal to $200 US(Two-Hundred US dollars). If User's earned balance is less than $25 (applies only to PayPal payments) or $200 (applies only to Bank wire and Western Union payments), no payment shall be made until the following calendar month, on the first Monday of which mkMob shall make the aforesaid determination anew.
If User disputes any payment made in connection with the Services, User must notify mkMob in writing within forty-five (45) days of any such payment. Failure to notify mkMob shall result in the waiver by User of any claims related to such disputed payment. Payment shall be calculated solely based on records maintained by The Company. No other measurements or statistics of any kind shall be accepted by The Company or have any effect under this Agreement. The Company shall not be liable for any payment based on (i) any fraudulent impressions generated by any person, robot, automated program for fraudulent impressions as reasonably determined by The Company; (ii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; or (iii) any breach of this Agreement by User. To ensure proper payment, User is solely responsible for providing and maintaining accurate contact and payment information associated with User's account and Company User ID.
6.) THIRD PARTY WEB SITES
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
7. ) COMMUNICATIONS SOLELY WITH COMPANY.
User agrees to direct to Company and not to any publisher or advertiser, as the case may be, all communications regarding any matter arising out of User's use of the Services.
8. ) CONTENT
9. ) EQUIPMENT AND ANCILLARY SERVICES
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other communication device connection services. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any Services and User shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.
10. ) TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the User's account, User's right to use the Services will immediately cease and User will remove all Company code from User's Mobile Properties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MKMOB ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MKMOB, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MKMOB FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
This website is owned and operated by mkMob Pvt Ltd.
If you have any enquiries please view the Contact Us page to get in touch with us.
Unless otherwise provided herein or in the refund policy of an applicable credit card company or merchant bank or as otherwise provided by applicable law or regulations, mkMob's refund policy is as follows:
Funds added to a member's account are refundable until such time as they are committed or transferred to a publisher or deducted by mkMob in payment for services rendered. Any fees committed to a publisher or deducted from a member's account in payment of publisher or mkMob service fees are non-refundable. Funds added to a member's account for more than 10 days are non-refundable. mkMob will deduct fifteen percent (15%) of any amount refunded in order to cover administrative expenses incurred in connection with the granting of the refund. A member may only request a refund for the full balance remaining in the account and this amount will be returned to the bank account or PayPal account associated with the account after deducting applicable charges previously incurred by member. If the original account has been closed or the PayPal account has been deactivated or the account remains inactive for a period of at least 180 days, the funds are not eligible for refund. Account funds that are deemed abandoned or unused by law will not be refunded.
All refund requests must be written and sent via email to firstname.lastname@example.org. Refund requests must include your name, address, company name, account id, user identification, the transaction ID asscociated with the transaction, and the reasons you are requesting a refund. mkMob is not responsible for refund requests that are not timely received in accordance with this policy.
mkMob reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request. mkMob reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances and may alter this refund policy in individual cases in its sole and absolute discretion.
mkMob reserves the right to alter this refund policy, or any other of our policies or practices, at any time and will notify users of this Web Site by posting such changed or updated refund policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site.
Terms last updated on March 06, 2012 @ 2:58 PM