TERMS AND CONDITIONS
Mobile Application and Browser of Mplore, L.L.C.
These terms and conditions (these “Terms”) which shall govern your use of the wireless web browser (“Browser”), the software application for the Browser (“Application”), and the services provided by Mplore, L.L.C. (“Mplore”) relating to the Brower and/or Application (collectively, the “Services”) are as follows:
The downloading and use of the Application, using the Browser, and/or using the Services means that you fully acknowledge, understand, and agree to be automatically and legally bound by these Terms; if you do not fully understand and agree to be fully bound by these Terms, DO NOT DOWNLOAD THE APPLICATION, USE THE BROWSER, AND/OR USE THE SERVICES.
The Application is proprietary technology developed by Mplore for which Mplore granted access to the mobile-service provider and/or telephone manufacturer (individually and collectively, the “Provider”) under a non-exclusive license from Mplore which grants the right to the Provider offer the Application to end-user customers of the Provider.
In connection with your use of the Browser, Application, and/or Services, Mplore may send you service announcements, administrative messages, and/or other information that may replace certain website content with sponsored messages.
The Services may include any all additional Mplore services may be offered where available via or as integrated into the Services; the Services may include one or more of, but are not limited to, the following:
i. Compression & Intelligent Formatting: The Services may include intelligent formatting to enhance the end-user experience or compression functionality to enable end-users to boost the download of web content such as webpages and/or videos which requests web content through Mplore proxy or compression servers; as a result, your browsing experience may change due to increased loading speeds.
ii. News Recommendations: The Services may include a feature which helps you to discover and access news content made available by third parties on the internet; however, Mplore exercises no editorial control over any news content that you access through this feature.
iii. Recommendations: The Services may include a feature which helps you to discover and access other software applications made available by third parties on the internet; however, Mplore exercises no control over any software applications that you access through this feature.
By using any of the Services, you agreed to these Terms; the current version of these Terms is posted at https://www.mplore.com/terms/mobile, which are incorporated herein by this reference. The Application, Browser, and/or the Services (or any part thereof) may be altered, amended, suspended, and/or terminated with or without notice to you, and you agree that Mplore shall not be liable to you or to any third party as a result thereof.
ACCEPTABLE USE RESTRICTIONS
You agree that you shall:
(a) not use the Application, Brower, or any of the Services in any unlawful manner, for any inappropriate and/or unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, Browser, or any of the Services, or any operating system of Mplore;
(b) not infringe the intellectual property rights of the Provider, Mplore, or any third party in relation to your use of the Application, Browser, or any of the Services (to the extent that such use is not expressly granted by these Terms);
(c) not transmit any material that is considered by Mplore to be defamatory, offensive, or otherwise objectionable in relation to your use of the Application, Browser, or any of the Services;
(d) not use the Application, Browser, or any of the Services in a way that could damage, disable, overburden, impair, or compromise Mplore’s systems or security or interfere with the rights of other end-users; and/or
(e) not collect or harvest any information or data from any of the Services or Mplore’s systems or attempt to decipher any transmissions to or from the servers running any the Application, Browser, and/or Services.
Under, and subject at all times to, these Terms, you are provided with a limited, non-exclusive, and non-transferrable license to access and use the Application, Browser, and the Services. You have no right to copy, to change, to distribute, or to sell any elements of the Application associated with the Services or to perform reverse engineering or to try to extract the software code of the Application.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACTUAL OR THREATENED BREACH OR VIOLATION BY YOU OF THESE TERMS WILL CONSTITUTE IMMEDIATE AND IRREPARABLE HARM TO THE PROVIDER AND MPLORE FOR WHICH MONETARY DAMAGES MAY BE AN INADEQUATE REMEDY, AND THAT INJUNCTIVE RELIEF IS AN APPROPRIATE REMEDY FOR ANY SUCH BREACH OR VIOLATION.
Third-party software applications, services, material, and/or products offered through the Application, Browser, and/or Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your location or mobile device.
The Provider and Mplore agree to provide reasonable availability of the Services; however, any and all similar services suffer occasional disruptions and outages, and neither the Provider or Mplore shall have any liability, whatsoever, either directly or indirectly, for any disruption of the availability of the Services or any loss or damage you may suffer as a result thereof. In the event of a disruption or outage of the Services, you may not be able to retrieve your Content or any Data you may have stored. The Provider and Mplore recommend you regularly backup your Content and any Data you store through the Services or through any third-party applications or services.
Any access to or use of the Application, Browser, and/or Services shall automatically bind you to these Terms. If at any time you no longer wish to use the Application, Browser, or Services or no longer agree to be legally bound by these Terms, the Application can be deleted from your mobile device in the same manner any application might otherwise deleted from a device by you.
WARRANTIES AND DISCLAIMERS
The Services are provided using a commercially-reasonable level of skill and care; however, there are limitations as to the representations and/or warranties relating to the provision of the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ANY ADDITIONAL TERMS, NEITHER THE PROVIDER OR MPLORE, NOR SUPPLIERS, LICESNSORS, OR DISTRIBUTORS OF EITHER, MAKE ANY SPECIFIC REPRESENTATIONS ABOUT THE SERVICES; FOR EXAMPLE, MPLORE DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THE RELIABILITY, AVAILABILITY, OR ABILILTY OF THE SERVICES TO MEET YOUR SPECIFIC OR GENERAL NEEDS. MPLORE PROVIDES THE APPLICATION, BROWER, AND SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINCEMENT; TO THE EXTENT PERMITTED BY LAW, MPLORE EXCLUDES AND DOES NOT MAKE ANY SUCH WARRANTIES.
LIABILITY FOR OUR SERVICES
NEITHER THE PROVIDER OR MPLORE, NOR SUPPLIERS, LICENSORS, OR DISTRIBUTORS OF EITHER, BEAR THE RESPONSIBILITY FOR LOST PROFIT, LOST INCOME, LOST DATA, FINANCIAL LOSSES, AS WELL AS FOR CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNLESS OTHERWISE PRESCRIBED BY THE LAW; IN ANY CASE, THE TOTAL RESPONSIBILITY OF THE PROVIDER AND/OR MPLORE SHALL NOT EXCEED THE AMOUNT PAID FOR THE USE OF THE SERVICES.
IN ALL CASES, THE PROVIDER AND/OR MPLORE, NOR SUPPLIERS, LICENSORS, AND/OR DISTRIBUTORS OF EITHER, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. AT ANY TIME, FOR ANY REASON WHATSOEVER, IN THE SOLE AND ABSOLUTE DISCRETION OF MPLORE, THE SERVICES MAY BE ALTERED, AMENDED, SUSPENDED, AND/OR TERMINATED.
These Terms control the relationship between the Provider, Mplore, and you with regard to the Application, Browser, and Services. These Terms do not create any third-party beneficiary rights.
The failure of the Pprovider and/or Mplore to enforce any provision of these Terms shall not be considered a waiver or limitation of Mplore’s right to subsequently enforce these Terms. If you do not comply with these Terms, any failure to take action by the Provider and/or Mplore does not waive any further right that any the Provider and/or Mplore may have to take any subsequent action.
If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and the remaining provisions of these Terms shall remain in full force and effect. As the Application, Browser, and Services are available on mobile devices, please do not use such Application, Browser, and/or Services in a way that distracts you and/or prevents you from obeying traffic and safely laws and/or regulations.
Governing Law; Venue. These Terms (including the use by you of the Application, Browser, and/or Services), including the interpretation and enforcement thereof, shall be governed by and construed under the laws of the State of Texas (USA). Any legal action or proceeding arising from or relating to these Terms (including the use by you of the Application, Browser, and/or Services) must be brought before either a federal or state court in the Northern District of Texas, and you hereby irrevocably submit to the jurisdiction and venue of any such court in any such legal action or proceeding.