HyprMX Mobile, LLC
Terms of Use

Updated: February 17, 2016

These Terms of Use (as amended in the future, this "Agreement") is an agreement between you ("you" or "user") and HyprMX Mobile, LLC and its subsidiaries and affiliates (collectively "HyprMX", "we", or "us"). This Agreement governs your access and use of each of HyprMX's websites (the "Websites") and their features and contents (collectively, the "HyprMX Services"), whether accessed via computer, mobile device or other technology. HyprMX is based in the United States and the HyprMX Services are hosted in the United States.

By visiting the Websites (whether or not you are a registered member) or using the HyprMX Services, you accept and agree to be bound by this Agreement, and to abide by all applicable laws, rules and regulations ("Applicable Law"). HyprMX may modify this Agreement at any time, and each such modification will be effective upon posting on the Websites. Your continued use of the Websites or the HyprMX Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the HyprMX Services immediately. If you access the Websites from a mobile device, HyprMX is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of those Websites or the HyprMX Services.

Eligibility for Websites Registration and Account Security

In order to access certain features of the Websites, you may be required to register for an account. Children under the age of 18 are not authorized to register for accounts, and the content of the Websites is not intended for children under 18. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time. You agree to notify HyprMX immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use the HyprMX Services. You may terminate your account on the Websites at any time, for any reason, by emailing privacy@hyprmx.com. HyprMX may terminate your account and/or access to the HyprMX Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the HyprMX Services is terminated, this Agreement will remain in effect.

HyprMX Content

The HyprMX Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of HyprMX or its licensors ("HyprMX Content"). HyprMX Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and HyprMX, HyprMX owns and retains all rights in the HyprMX Content and the HyprMX Services. HyprMX hereby grants you a limited, revocable, non-sublicensable license to access and display the HyprMX Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Websites and using the HyprMX Services. Except as provided in this Agreement or as explicitly allowed on the HyprMX Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the HyprMX Services.

Your Use of HyprMX Services

The HyprMX Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from HyprMX. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the HyprMX Services (collectively, "User Content"). You understand that HyprMX does not control the User Content posted by users via the HyprMX Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. HyprMX assumes no responsibility or liability for this type of Content. HyprMX assumes no responsibility for monitoring the HyprMX Services for inappropriate Content or conduct. If at any time, HyprMX chooses in its sole discretion to monitor the HyprMX Services, HyprMX nonetheless assumes no responsibility for Content other than HyprMX Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You agree not to use the HyprMX Services to post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory. HyprMX reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by HyprMX in its sole discretion.

Message Boards and Public Forums

The Websites may offer users the ability to post public messages on message boards and forums ("Forums"), which may be open to the public generally, to all members of the Websites, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and HyprMX cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. HyprMX is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. HyprMX reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your Proprietary Rights

HyprMX does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the HyprMX Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by HyprMX or any affiliated company. By posting any User Content on, through or in connection with the HyprMX Services, you hereby grant to HyprMX and our affiliated companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the HyprMX Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of User Content by you on, through or in connection with the HyprMX Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

If you believe that any material residing on or linked to from the Websites infringes your copyright, please send HyprMX's copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the HyprMX Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. HyprMX's copyright agent for notification of claimed infringement can be reached at copyright@hyprmx.com.

Third Party Links and Services

The HyprMX Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with HyprMX. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. HyprMX is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the HyprMX Services does not imply approval or endorsement of the Third Party Service. HyprMX is not responsible for the content or practices of any websites other than the Websites, even if the website links to the Websites and even if it is operated by an affiliated company or a company otherwise connected with the Websites. By using the HyprMX Services, you acknowledge and agree that HyprMX is not responsible or liable to you for any content or other materials hosted and served from any website other than the Websites. When you access Third Party Services, you do so at your own risk.

Privacy

Use of the HyprMX Services is also governed by our Privacy Policy http://hyprmx.com/pp.html, which is incorporated into this Agreement by this reference.

Disclaimers

The HyprMX Services are provided "AS-IS" and "as available" and HyprMX does not guarantee or promise any specific results from use of the HyprMX Services. HyprMX expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances will HyprMX be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the HyprMX Services, problems or technical malfunction in connection with use of the HyprMX Services, attendance at a HyprMX event, any material downloaded or otherwise obtained in connection with the HyprMX Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the HyprMX Services, or the conduct of any users of the HyprMX Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of HyprMX.

Limitation on Liability

IN NO EVENT WILL HYPRMX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE HYPRMX SERVICES, EVEN IF HYPRMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HYPRMX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HYPRMX FOR THE HYPRMX SERVICES DURING THE TERM OF YOUR USE OF THE HYPRMX SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF HYPRMX'S ACTS OR OMISSIONS OR YOUR USE OF HYPRMX SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE HYPRMX SERVICES.

Applicable Law; Jurisdiction; Dispute Resolution. (a) HyprMX makes no representations or warranties that the content or materials of the HyprMX Services are appropriate or lawful in any countries outside the United States, or that any items or applications offered for sale or download through links on the HyprMX Services will be available outside the United States. Those who choose to access the HyprMX Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the HyprMX Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. (b) This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the HyprMX Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York City, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

Indemnity

You agree to indemnify and hold HyprMX, its affiliated companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites or the HyprMX Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the HyprMX Services.

Employment Opportunities

HyprMX may, from time to time, post HyprMX employment opportunities on the HyprMX Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to HyprMX in response to employment listings, you are authorizing HyprMX to utilize this information for all lawful and legitimate hiring and employment purposes. HyprMX also reserves the right, at its sole discretion, to forward the information you submit to its affiliated companies for legitimate business purposes. Nothing in this Agreement or contained in the HyprMX Services will constitute a promise by HyprMX to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the HyprMX Services constitute a promise that HyprMX will review any or all of the information submitted to it by users of the HyprMX Services.