Xpressmo Terms and Policies<

Xpressmo Terms and Policies

End User License Agreement

END-USER LICENSE AGREEMENT FOR EXPRESS MOBILE, INC. (a.k.a. "XPRESSMO").
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY: Express Mobile's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Express Mobile for the software product(s) and/or mobile applications identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and, Express Mobile and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Software.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF RIGHTS.
(a) Installation and Use.
Express Mobile grants you a non-exclusive, limited right to access and use Express Mobile's mobile applications, Websites, media from our Premium Content Owners, and any associated programs on any machine(s) of which you are the user, and any printed or online documentation accompanying the Software ("Documentation") provided by Express Mobile (Express Mobile applications, Websites, services, Software and Documentation collectively, the "Service"), provided that you agree to be bound by the terms of this Agreement. The Service, including any updates, enhancements, new features, and/or the addition of any new content or properties are subject to this Agreement.

2. MODIFICATIONS.
Express Mobile may modify this Agreement, in its sole discretion, from time to time. The modified Agreement will be effective immediately upon posting through the Service or via e-mail to the e-mail address of record for your account, and you agree to the new posted Agreement by continuing your use of the Service. If you do not agree with the modified Agreement, your only remedy is to discontinue using the Service and terminate your account as described in Section 3 (Terms of Use).

3.TERMS OF USE.
This Agreement is effective until terminated. This Agreement will terminate upon conditions set forth elsewhere within this Agreement or if you fail to comply with any term or condition of this Agreement. Express Mobile reserves the right to terminate this Agreement, or suspend, discontinue or disconnect your Service at any time in our sole and absolute discretion. In such event, no notice shall be required by Express Mobile to effect such termination. Upon termination of this Agreement, you agree to delete or otherwise destroy the Software and Documentation together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return the same to Express Mobile at your expense.
(a) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(b) Rental.
You may not rent or lease the Software.
(c) Support Services.
Express Mobile may provide you with support services related to the Software ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA.
(d) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Software.

4. COPYRIGHT.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Express Mobile, its signed artists, and its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by Express Mobile.

5.PERSONAL AND NON-COMMERCIAL USE LIMITATION.
The Service shall be used only for your own personal and non-commercial use. A Service account may be transferred to another party or entity without prior written approval from Express Mobile, however, any such transfer of Service account is subject to any limits established by Express Mobile.

6.PRIVACY POLICY.
You agree to be bound by the Express Mobile Privacy Notice ("Privacy Policy"), which is hereby incorporated at the following URL: http://xpressmo.com/legal/#privacy

7.OWNERSHIP.
You have no ownership rights in any aspect of the Service, including any Software, Documentation or content associated with the Service. Rather, you have a license to use the Service as long as this Agreement remains in full force and effect. Ownership of the Software, Documentation, content associated with the Service, and all intellectual property rights therein shall remain at all times with Express Mobile. Any other use of the Service by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.

7. WARRANTIES.
THE SERVICE (INCLUDING ALL SOFTWARE, DOCUMENTATION, CONTENT, MATERIALS, FUNCTIONS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXPRESS MOBILE MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE UNDER ANY CIRCUMSTANCE, INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL OR TO OBTAIN EMERGENCY HELP, AND INCLUDING BUT NOT LIMITED TO EXPRESS MOBILE NEGLIGENCE.

8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL EXPRESS MOBILE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF EXPRESS MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EXPRESS MOBILE IS TO DISCONTINUE USE OF THE SERVICE AND CANCEL YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXPRESS MOBILE, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

9. MISCELLANEOUS.
(a) Governing Law and Severability.
The laws of the State of Delaware, U.S.A., will apply to this Agreement, without giving effect to principles of conflict of laws. If any provision of this Agreement is invalid or unenforceable in whole or in part, the validity of other provisions of this Agreement and remainder of the relevant provision shall not be affected. Headings are for convenience only and shall not affect construction.
(b) Mandatory Arbitration and No Jury Trial.
Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Delaware. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, DELAWARE.
(c) No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(d) Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between Express Mobile and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Express Mobile and you.
(e) Express Mobile refers to the company established under the laws of Delaware, USA, with its address at:

Express Mobile, Inc
12 Pamaron Way, Suite #1
Novato, CA 94940

Express Mobile can also be reached at the following e-mail addresses:

Support: support@xpressmo.com
General questions: info@xpressmo.com

Express Mobile, Xpressmo,IAMdigital, the IAMdigital logo, and the Xpressmo logo are either the registered trademark or trademark of Express Mobile, Inc. incorporated in the United States and/or other countries.

Express Mobile, Inc. (a.k.a. "Xpressmo") presents this statement to demonstrate our commitment to your privacy. This privacy policy communicates how Express Mobile respects and protects your personal information. Our goal and intent is to protect your privacy with the utmost integrity.

What information do you collect?
Express Mobile collects two types of information when you request a mobile application, register for a piece of premium sales and marketing literature, or visit company-owned Web sites: anonymous and user-provided information.

Anonymous information: each computer connected to the Internet is provided a domain name and a set of numbers. These numbers serve as a computer's IP (Internet Protocol) address. When users request a page from an Express Mobile Web site or online mobile application, Express Mobile's Web servers automatically recognize domain name and IP address. A computer's domain name and IP address do not reveal personal information other than the IP address used to access the Express Mobile Services. Express Mobile uses this information to examine our Web site traffic. Furthermore, Express Mobile Web servers do not automatically record e-mail addresses.

User-Provided information: Express Mobile collects information provided by users downloading software, applications, product documentation, and/or sales and marketing literature. This includes, but is not limited to, name, title, company name, phone number, address, and/or email address. All registration information is protected under the Express Mobile privacy policy.

What do you do with the information?
We use this information in different ways:

- To personalize your experience
Your information helps us improve the mobile application and Web site experiences

- To improve our Web sites and mobile application
We continually strive to improve our mobile applications and Web site offerings based on customer feedback

- To improve customer service
This helps us respond to your needs in a more timely fashion

- To process transactions
For eCommerce applications, your public or private information will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever without your explicit consent

- To send periodic opt-in communications
This includes application download instructions, order confirmation, upgrade availability, service improvements, and any pre-selected company or artist news, events, or promotions

- To administer a promotion, contest, or survey
Any promotions, contests, or surveys we administer will be on an opt-in user basis.

How do you protect my information?
Express Mobile employs a combination of best-of-breed network-based and server-based firewall, SSL, ACL, and data encryption technologies to protect your information.

Does Express Mobile divulge or sell my personal information to third parties?
Express Mobile does not share, give, sell or otherwise transfer your information with third parties for their promotional use. In the event that we contract with third parties who assist us in providing information and services to you, we require them to sign agreements which prohibit them from using any of your personal information for their own purposes. They are required to maintain the confidentiality of the information we provide to them. We may also disclose certain information to partners who introduced you to Express Mobile's services. Other than these entities, information you provide to us will not be transferred to unrelated third parties, unless we have your permission to do so. Please note that personal information provided to us may be subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders.

How do I opt-out?
Express Mobile gives users the following options for removing their information from our database.

1) You may send email to: privacy@xpressmo.com
2) You may use our opt-out link, as managed through Constant Contact's "SafeSubscribe" method
3) You may send a written request to:

Express Mobile, Inc
12 Pamaron Way, Suite #1
Novato, CA 94940

Will Express Mobile's privacy policy change?
Express Mobile periodically updates this privacy policy. If at any point Express Mobile decides to use personal information in a manner different from when the information was collected, Express Mobile will post changes on this Web page prior to implementing them. Again, our goal and intent is to protect your privacy with the utmost integrity. Thank you for taking the time to understand Express Mobile's privacy policy.