TERMS AND CONDITIONS
1. PARTIES
1. These terms and conditions ("T&Cs") constitute a binding agreement between you and Infact AS, a company registered in Norway under organization number 997906314 whose registered office is at Lørenveien 38, 0585 Oslo, Norway ("Infact", ”we”, ”us”).
2. By accessing and using the Infact platform service (“service”), you:
1. accept and agree to be bound by these T&Cs;
2. will only use the service in a manner that is consistent with these T&Cs and in such a way as to ensure compliance with all applicable laws and regulations; and
3. represent that you are old enough and legally competent to enter into a legal obligation.
3. Please read these T&Cs carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not accept the T&Cs, please do not use the service. Please note that these T&Cs may be updated by us from time to time, cf. clause 11.
4. The service may be licensed from Infact to a third party service provider. These T&Cs only apply in those instances you receive the services directly from Infact through for example the Infact platform web site. In case a third party service provider offers you the service this will be subject to terms and conditions between you and the relevant service provider, we will not be party to such agreement, and the terms of such agreement may vary from these T&Cs.
2. DESCRIPTION OF the SERVICE AND COSTS
1. Infact offers the ability to create an account and to set up one or more mobile landing pages. You can add and edit content on the mobile landing page from your dashboard after login. Such content might be, but are not limited to, pictures, logo, text, forms, links, buttons, Social Network integration, Click2Call, Click2Navigate, Click2SMS, Click2Email, maps, tables, XML integration and feed, 3rd party site parsing,
2. See statistics and setup forms to receive data from users of your mobile landing page.
3. In some cases send and reveice SMS, MMS and email.
4. The different modules, content, abilities, tools and techniques can be changed, added and removed from time to time.
5. The cost of the service might change and updated price is available on the web page where this T&C is found. In cases where there is a contractual relationship between you and us, the price might differ from the price stated on the web page. Such contractual relationship precedes the prices stated on the web site. In events where you have already entered into a contract or pre-paid paid for the service with a set price, the set price precede the price on the web site for as long as the pre-payment is valid; normally 12 months.
3. Infact’S PROPRIETARY RIGHTS
1. You acknowledge and agree:
1. that Infact and any necessary software used in connection with the services ("Software") contain proprietary and confidential information that is protected and govern by the these terms of use “Terms” and by applicable intellectual property laws and other laws. Nothing in this agreement shall vest in you any right, title or interest in the intellectual property rights in Infact or the service, the Software or any goodwill connected to Infact’s business or customers; and
2. that all the texts, pictures, designs and web pages etc. (collectively "Content") contained in the service and any Content contained in advertisements or information presented to you through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
2. Except as expressly permitted by applicable law or as authorized by Infact or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the service or the Content in whole or in part.
3. Your are not allowed to upload data to the service that violates another party's intellectual property rights, included but not limited to RSS/XML feed, pictures, text, logos, content parsed by the parser offered in the service and information. Infact may, in appropriate circumstances and in its sole judgment, terminate the accounts of users who violate the intellectual property rights of others.
4. Infact grants you a non-transferable and non-exclusive right and license to use the service for legal purposes; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (or in any other way reduce the Software to a human-readable form), sell, assign, redistribute, sublicense, grant a security interest in or otherwise transfer any right in service or the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Infact or its services. You agree not to access the services by any means other than through the interface that is provided by Infact for use in accessing the service.
5. If, at any time you upload or post data, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to Infact you automatically grant Infact a universal, global, non-exclusive, royalty-free, perpetual license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce the data including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the data in advertising, promotion and publicity for Infact, Infact and its or their products and services, in any and all media now known or hereafter devised.
4. LINKS AND THIRD PARTY INFORMATION
1. The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Infact has no control over such sites and resources, you acknowledge and agree that Infact is not responsible for the availability of such external sites or resources, and does not support and is not responsible or legally responsible for any content, advertising, products, or other materials on or available from such sites or resources.
2. You acknowledge and agree:
1. that Infact is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources; and
2. that Infact shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
5. REGISTRATION AND SECURITY
1. In consideration of your use of the service, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by the service’s registration form ("Registration Data")
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
3. maintain and protect the security of your user credentials (username and password);
4. immediately notify Infact of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session; and
5. be fully responsible for all usage of your account and any actions taking place using your account.
2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Infact has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Infact has the right to suspend or terminate your account and refuse any and all current or future use of the Infact service (or any portion thereof).
3. You are responsible for your account and your password. You should therefore never give your password to anyone else. If you have given out your password and account name to someone else we strongly recommend you to change your account password. Do not give your password to any Infact staff members.
4. You may not:
1. select or use an identity of another person with the intent to impersonate that person;
2. use a name subject to the rights of any other person without authorization; or
3. use a identity that Infact in its sole discretion, deems inappropriate or offensive.
5. In case you register for using the service through any other website than mymobilewebworld.com or www.Infact.no and its sub pages (or any successor website or URL) you accept and approve that the owner of that site is granted access to your account information and the content you upload. In cases where you at registration on a third-party site or after registration directly on any website allow any other service or site to access your content it is your responsibility that the owner of that site or service respects this agreement.
6. USAGE
1. Once you have registered you can use the service. You are responsible for ensuring that the information you provide using the service is legal in the country of receipt. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. By using the service you also warrant and agree that no materials submitted, transferred, uploaded or referred to using your account violates or infringes any other party's rights including copyright, trademark, privacy, publicity or contain otherwise unlawful material. If you do any of the above your account could be removed without warning of any kind.
2. You also agree not to do the following:
1. harvest or collect contact details (email addresses, names, phone numbers etc.) of the service users electronically or by other means for the purposes of sending unsolicited messages (emails, SMS, calls);
2. use the service in any other manner that could damage, disable, overburden or impair the service;
3. use automated scripts to collect information from or otherwise interact with the service;
4. publish any private information of any third party other than first and last name, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
5. collect/solicit personal information from anyone under 18 or collect/solicit passwords or personally identifying information for commercial or unlawful purposes;
6. create a false identity (cf. clause 5.4);
7. enter data in fields that are not intended for that data (for instance putting a phone number in a name field that will be public);
8. make content available that, in the sole judgment of Infact, is objectionable or which restricts or inhibits any other person from using or enjoying the service, or which may expose Infact or its users to any harm or liability of any type; or
9. upload, post, email, transmit or otherwise make available any content that:
1. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
4. is SPAM.
3. Infact will immediately terminate and delete your service account if it believes that the account is being used for SPAM or unsolicited bulk messaging, cf. clause 6.2.9.4. Infact will not tolerate SPAM (sending of unsolicited message) through SMS, MMS, EMS or email messages and/or any other kind of messages. If you do send mass SMS, MMS, EMS or email messages using your Infact account you must comply with applicable anti spam legislation. Failure to do so will result in immediate and irrevocable termination of your account. Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.
7. PRIVACY
1. All content uploaded to the service is your own private property. Infact will not change, destroy or forward the contents of your account, unless entitled to do so by this agreement or forced to do so by law, regulation or any extraordinary circumstance.
2. In order for Infact to provide the service, it is necessary to process personal data (including, but not limited to, Registration Data). The purpose of the processing is fulfillment of contractual obligations and administration of the computer system (activity logs). Infact’s processing of personal data relating to natural persons will be in compliance with the Norwegian personal data act and the Norwegian personal data regulations. You are entitled to demand access to the personal data processed by Infact and to demand rectification if the personal data is incorrect. By using the service you consent to Infact making such information available (within the scope of this agreement) to any subsidiary and/or parent company, suppliers of products or services to Infact(such as advisors), regulatory authorities, governmental organisations and potential purchasers of the Infact’s products and services.
3. By using the service, Infact may need to communicate with you via email or SMS/texts. You agree to receive messages which are specific to your account and necessary for the normal functioning of the service, including up to tvelve emails per year which help inform you about various features of the service and Infacts products.
4. You also agree that the service cannot be used:
1. to store, upload, or publish any sensitive information about yourself such as matters of race, ethnic background, religion, philosophical conviction, health, sexuality, labour union membership, criminal offences, social problems and other strictly private issues; and
2. for monitoring purposes or other purposes that may infringe other peoples privacy and personal life, cf. clause 6.4.
5. Like most web sites, the service uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your PC which allows Infact to recognize you as a user when you return to our site using the same PC and web browser.
6. As an effect of standards on the web, when you visit the service we automatically receive the URL of the site from which you came and the site to which you are going when you leave the service. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is only used to analyze overall trends to help us improve the service and to withhold and in other ways secure the service. The link between this information and your personally identifiable information is never shared with third-parties without your permission or except when required by law.
8. CLOSURE OF SERVICE
1. Infact may at any time close your account if:
1. you supply misleading information at the time of registration;
2. you do not follow these T&Cs;
3. the use of your account contravenes with applicable law or the conditions in these T&Cs;
4. there is reasonable suspicion that a crime has been committed;
5. there is a suspicion that you used your account to send SPAM;
2. Infact also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events.
3. Infact maintains computer equipment and service to ensure the highest level of service. It is possible that some or all functions will not be available during from time to time.
9. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION
1. The service is owned and produced by Infact and its subsidiary and affiliate corporations, successors and assigns. You expressly understand and agree that:
1. Your use of the service and the Software are at your sole risk and it is provided on an "as is" and "as available" basis. Infact and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2. Infact and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
1. The service will meet your requirements;
2. The service or the Software will be uninterrupted, timely, secure or error-free;
3. the results that may be obtained from the use of the service will be correct, accurate or reliable;
4. the quality of any products, services, information or other material purchased or obtained by you through out web sites, direct sales or in other ways (or other material achieved during the use of the service) will meet your expectations; and
5. any errors in the software will be corrected.
3. Any material, mobile phone client software and other downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, mobile phone system, internet access, download or display device, or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from the service, Infact’s personnel or through or from the Software shall create any kind of warranty.
2. Infact gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the service. This also includes the correctness, currency, content, or quality of any type of site and information, or whether any search using the Infact service may give access to unintended and offensive content.
3. Infact hereby urges you not to use the service service to store important, valuable or confidential information or data and Infact shall have no liability for any loss of such information or data.
4. You expressly understand and agree that Infact and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, 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 your transmissions or data;
4. statements or conduct of any third party on the service or within its service; or
5. any other matter relating to the service.
5. In no event shall Infact’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you – if any – for purchasing any materials, products or services through the service.
6. You agree to indemnify, defend and hold harmless Infact, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not restricted to, attorneys fees) arising from your use of the service, your violation of the T&Cs or your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. You agree to instantly inform Infact of any unlawful use of your account or any other breach of security of your knowledge.
10. TERM AND TERMINATION
1. You may terminate your service account, any associated email address and access to the service by submitting such termination request to Infact. Infact will not refund you already paid amount in whole or in part If you terminate your account.
2. You agree that Infact, in its sole judgment and without prior notice, may end your account (or any part thereof) or use of the service, and eliminate and discard any Content within the service or on Infact’s servers, for any reason, including, without limitation:
1. if Infact believes that you have violated or not acted in conformity with these T&Cs;
2. requests by law enforcement or other government agencies;
3. discontinuance or material modification to the services (or any part thereof);
4. unexpected technical or security issues or problems;
5. extended periods of inactivity;
6. engagement by you in fraudulent or illegal activities; and/or
7. non-payment of any fees owed by you in connection with the services.
3. Infact shall not be legally responsible to you or any third-party for any termination of your access to the service
4. Termination of your service account includes any or all of the following:
1. removal of access to all or part of the offerings within the service (cf. clause 8);
2. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
3. barring of further use of all or part of the service.
11. VARIATION – UPDATING THESE T&CS
1. Infact reserves the right to revise, change, add or remove portions of these T&Cs at any time in our sole discretion and without prior notice. Please check back to review these T&Cs regularly as by continuing to use the service after we post any such changes, you accept the updated T&Cs.
2. If we decide to update these T&Cs, or to modify it in order to cover new services or situations, we will immediately publish those changes on this page. It is your responsibility to check this document for further changes.
12. MISCELLANEOUS
1. These T&Cs, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Infact without notice or restriction.
2. In the event that any part of these T&Cs is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other part of these T&Cs, which shall remain in full force and effect and shall be construed as if the invalid or unenforceable part were not part of these T&Cs.
13. GOVERNING LAW AND JURISDICTION
1. This agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with Norwegian law.
2. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Norwegian courts over any claim or matter arising from or in connection with this agreement or the legal relationships established by or in connection with this agreement. Oslo tingrett (located in Oslo, Norway) is agreed as sole venue.