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THANK YOU FOR CHOOSING ADVA MOBILE!
Terms Applicable to Everyone:
  1. What the Contract Covers.
    This is a contract between you and Adva Mobile Corporation. Sometimes Adva Mobile is referred to as "we," "us" or "our". This contract applies to any Adva Mobile software, products or services, including updates that you use while this contract is in force. All of the software, products or services are referred to in this contract as the "service." Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 11 and 12 and we ask you to read them carefully.
  2. Who is Adva Mobile?
    Adva mobile is a company in business to provide mobile marketing services to organizations. Through software developed by Adva Mobile and the mobile telephone infrastructure, can interact and communicate with customers. You may contact us at info@advamobile.com. These terms set out the basic conditions upon which Adva Mobile makes the Service available to all Users of the Service.
  3. When You May Use the Service. You may start using the service as soon as you have finished the sign-up process, or when you text a keyword to an Adva Mobile shortcode.
  4. What is the Service?
    Adva Mobile provides software for organizations to communicate and interact with their customers. These Services include mobile messaging, mobile presence, content fulfillment, and other Services Adva Mobile may offer.
  5. How You May Use the Service.
    In using the service, you will:
    obey the law;
    obey any codes of conduct or other notices we provide;
    keep your service account password secret;
    and promptly notify us if you learn of a security breach related to the service.
  6. How You May Not Use the Service.
    In using the service, you may not:
    use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Adva Mobile parties"), or any customer of a Adva Mobile party;
    use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
    use any unauthorized third party software or service to access the Adva Mobile network;
    use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Adva Mobile, or "meta-searching");
    use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
    damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
    resell or redistribute the service, or any part of the service.
  7. Carriers Supported on the Program
    The service running on shortcode 88704 is supported by the following carriers: Alltel, AT&T Mobility, Boost Mobile, Cellular One, Nextel, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile. Users can use the Service if they have the ability to send and receive text messages, and access the Internet (Web or WAP) on their mobile phones.
  8. Canceling the service. You may cancel the service at any time, with or without cause. Go to www.advamobile.com/help to obtain information on cancelling your service.
  9. Requirements For Placing Advertisements.
    You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:
    all advertising content is accurate, complete and current;
    you have all necessary rights, power and authority to publish the advertising content;
    the advertising content, and any web site listed or linked to from the advertising content:
    complies with all applicable laws and regulations;
    does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
    does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
    does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
    you possess documents substantiating all claims, express and implied, contained within the advertising content.
  10. How We May Change the Contract.
    If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
  11. WE MAKE NO WARRANTY.
    We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. The Adva Mobile parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
  12. LIABILITY LIMITATION.
    You can recover from the Adva Mobile parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
    This limitation applies to anything related to:
    the service,
    content (including code) on third party Internet sites, third party programs or third party conduct,
    viruses or other disabling features that affect your access to or use of the service,
    incompatibility between the service and other services, software and hardware,
    delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
    claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
    It also applies even if:
    this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
    Adva Mobile knew or should have known about the possibility of the damages.
    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
  13. Changes to the Service; If We Cancel the Service.
    We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
  14. Interpreting the Contract.
    All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
  15. Assignment.
    We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
  16. No Third Party Beneficiaries.
    This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
  17. Claim Must Be Filed Within One Year.
    Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
  18. Your Notices to Us.
    Should you need to contact us, you may reach us by (1) texting HELP back to any message from the Service, (2) texting HELP directly to 88704, (3) emailing us at help@advamobile.com or (4) writing to us to for help at Adva Mobile Corporation, Box 5095, Wayland, MA 01778. However, for legal or time sensitive notices or correspondence, we only acknowledge writing to us by mail, and only if sent certified mail.
  19. Notices We Send You; Consent Regarding Electronic Information.
    This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
    by e-mail at the e-mail address you specified when you signed up for your service;
    by access to a Adva Mobile web site that will be designated in an e-mail notice sent to you at the time the information is available; or
    by access to a Adva Mobile web site that will be generally designated in advance for this purpose.
    by texting to your phone number with instructions to visit a designated web site.
    Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
  20. Contracting Party, Choice of Law and Location for Resolving Disputes.
    This contract is between you and the Adva Mobile Corporation Regarding the choice of law and the location for resolving disputes with the Adva Mobile company, the Commonwealth of Massachusetts state law governs this contract, regardless of conflict of laws principles.
  21. Copyright and Trademark Notices
    All contents of the service are Copyright " 2008 Adva Mobile Corporation and/or its suppliers, Box 5095, Wayland, MA 01778 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Adva Mobile products and services referenced herein may also be either trademarks or registered trademarks of Adva Mobile in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
  22. Respect Copyright
    Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.
    Additional Terms Applicable to Fans, Consumers and users of the mobile Web Pages and associated Features:
  23. Text Service: By using the service, you will receive SMS Text Alerts. Alerts will be kept to a minimum and will comply with the terms outlined in the signup text we send you (for example, no more than 4 messages per month).Your wireless provider may charge you text messaging rates to receive these alerts. Check with your wireless provider if you are not sure. Standard message charges apply.
  24. Mobile Internet Service: You may access the mobile Internet and obtain information and services provided by Adva Mobile and the Artists and businesses using our service. Adva Mobile. the Artists, and the businesses that use our service are not responsible for any errors in the information provided through this service. If you participate in any interactive services, including posting, commenting, or purchasing goods and services, you grant us collectively the right to use the information you provide without any compensation to you. Our use of the information you provide to us will be governed by our Privacy Policy. Your wireless provider may charge you data plan or other charges to access the mobile Internet. Check with your wireless provider if you are not sure. Standard message charges apply.
  25. Mobile Purchases: You may make purchases of goods and services on your phone. When you do so, you will be directed to a transaction payment company to pay for these services. These transaction payment companies could include:
    Affiliate Companies offering products and services such as Ticketmaster, iTunes, Amazon, etc.
    Your wireless provider, who may bill you as part of your wireless provider's charges
    PayPal, for transaction offered by Adva Mobile, Artists, or other businesses
    In each case, the terms applicable to each transaction are governed by the respective provider of these transaction services.
  26. Collection of Information: Data obtained from you in connection with this SMS and Mobile Internet service may include your name, address, cell phone number, your provider's name, and the date, time and content of your messages. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
    We may use personal information to provide the services you've requested, including services that display customized content and advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and services. We may share aggregated and non personal information with third parties outside of Adva Mobile. When we use third parties to assist us in processing your personal information, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
  27. Privacy. Our Privacy Policy can be read at www.advamobile.com/privacy
  28. Pricing
    The Mobile Internet Services are advertising supported and Adva Mobile does not charge the customer to use the Service. Mobile Phone users of the Service may incur fees from their mobile phone carrier, including text message, Internet access, taxes, and other charges. Users of the Services may incur additional charges if they undertake purchase transaction, described in 25, above.
  29. Opt In / Opt Out Information
    How to Opt In: When you first use the Service, Adva Mobile will send you a text or other message, or indication on the mobile web page, asking you to Opt In to the Service. To Opt In to the service, simply text YES to the Adva Mobile Shortcode 88704 before Nov 1st 2009 or 88704 after that time, or indicate you wish to Opt In on the mobile web page.
    How to Opt Out: To Opt Out from our service, simply text STOP to our shortcode 88704 from your mobile phone and we will unsubscribe you from our services immediately. You will not receive any additional messages from Adva Mobile.
    Additional Terms Applicable to Artists, Businesses and users of the Web Portal and associated Features:
  30. Privacy: Our Privacy Policy can be read at www.advamobile.com/privacy. Your rights to information we collect on your behalf from your fans or consumers are governed by this policy.
  31. The Web Portal:
    A. Fan Blasts: The Service permits you to send SMS Text messages to fans that have opted in to your mobile fan club. You cannot send more than four SMS Text messages per calendar month to any fan unless you have permission to do so from Adva Mobile.
    B Web Pages: The Service permits you to create mobile web pages, and some mobile web pages will be created for you automatically.
  32. Your Materials: The following language applies to Materials you provide for free distributions to fans and consumers .Materials you provide to us for sale are governed by the provisions of paragraph 33. Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics and/or other materials (collectively the "Material") submitted by you shall be available for us to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. We will not sell or license your music to others (making your music available to visitors of our site shall not be considered a sale or license), but we will be authorized to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material. Adva Mobile shall also have the right to use the Material for the purpose of promoting Adva Mobile products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or band included or referred to in the Material without any payment to you or any other persons or companies. You provide Adva Mobile the right to waive, on your behalf, any performance royalties on the Material for airplay on internet, satellite, or other radio, for the purpose of promoting Adva Mobile, your band, or your music.
    At all times you shall retain full ownership of the Material while granting to Adva Mobile the following non-exclusive rights: By accepting this agreement and/or submitting any Material, you are guaranteeing to Adva Mobile that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to Adva Mobile that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to Adva Mobile that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with Adva Mobile computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to Adva Mobile under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach.
    You represent that you own right, title and interest to all material that you upload or mail to us. If a dispute and/or claim exists therefrom, Adva Mobile reserves the right to remove such material from the Adva Mobile Service until such time as a bonafide resolution has been reached by the disputing parties. Adva Mobile is not in a position nor has the authority to resolve any claims and/or disputes therefrom. We will not be your referee.
  33. Materials and Services for Sale: The following language applies to Materials you provide for sale distributions to fans and consumers .Materials you provide to us for free distribution are governed by the provisions of paragraph 32.
    At all times you shall retain full ownership of the Material while granting to Adva Mobile the following non-exclusive rights: By accepting this agreement and/or submitting any Material, you are guaranteeing to Adva Mobile that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to Adva Mobile that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to Adva Mobile that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with Adva Mobile computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to Adva Mobile under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach.
    You represent that you own right, title and interest to all materials that you upload or mail to us. If a dispute and/or claim exists therefrom, Adva Mobile reserves the right to remove such material from the Adva Mobile Service until such time as a bonafide resolution has been reached by the disputing parties. Adva Mobile is not in a position nor has the authority to resolve any claims and/or disputes therefrom. We will not be your referee.
  34. The Service for Material Sales: Adva Mobile has developed and operates a service (the "Service") which allows Artists and Businesses to sell Materials on mobile web pages. As part of this Service, you will also be establishing arrangements with third party organizations providing payment transaction services. These third party organizations may include iTunes, Amazon, Ticketmaster, Paypal, and others.
  35. Inactive Account: If your account is inactive for more than six months, it may be removed from our system. After six months of inactivity, if their balance is equal to or less than $75 a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to Adva Mobile based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
  36. Registration: To sign up as a user of the Adva Mobile Service, including the Service for Material Sales you must be at least 18 (eighteen) years of age. As part of the registration process, You will select a username and password combination that You use to access Your user area within the Service. You shall provide Adva Mobile with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. You agree that Adva Mobile may rely on any data, notice, instruction or request furnished to us by you which is reasonably believed by us to be genuine and to have been sent or presented by a person reasonably believed by us to be authorized to act on your behalf. You shall notify us by e-mail at info@advamobile.com of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username and password.
  37. Affiliate Partners: You may sell Material through our Service to fans and consumers on their phone through Affiliates of Adva Mobile, including Ticketmaster, Amazon, iTunes, and others. In order to place an affiliate link, you must first be approved by a Merchant to become an Affiliate of that Merchant's program If you do not have an approval from this Merchant, we may still provide a link to this merchant, which will direct the fan or consumer to the merchant "Home Page" or "Search Page" When you do have an approval to be affiliated with that Merchant, we will direct the fan or consumer to your Material Item, if we are able to do so. In each case, the terms applicable to each transaction are governed by the respective provider of these transaction services.
  38. Adva Mobile Paypal System: You may sell Material through our Service to fans and consumers on their phone through an Adva Mobile system. The Adva Mobile System provide a promotional capability, Whereby Materials may be placed, described, and advertised on mobile web pages, a procurement system, whereby Materials by be ordered, and a payment transaction system. The payment transaction system is provided by Paypal. Adva Mobile is an Affiliate of the Paypal payment transaction system, and the payment terms applicable to each transaction are governed by the terms of our agreement with Paypal. These terms form an important part of our Agreement with you, if you use our Service to sell Materials. The Paypal terms may be read here.
    Adva Mobile does not provide fulfillment services, and it is the responsibility of the user to provide fulfillment services to the fan or consumer.
  39. Payments: For Materials sold through Affiliate Partners: The terms applicable to each transaction are governed by the respective provider of these transaction services. Adva Mobile Provides a link to these Affiliates, but does not participate in the transaction, fulfillment, or payment.
  40. Payments: For Materials sold through Adva Mobile's Paypal System: If you have a Paypal account, Paypal terms govern the payment of any transaction involving Materials. Adva Mobile will deposit payments made for Materials into your Paypal Account, if you have one, within one business day of the completion of the transaction. If you do not have a Paypal account, Paypal will contact you, through an email address that you have provided to us at Registration and which we provide Paypal, for disposition of any funds you are due.
  41. Fees: Adva Mobile does not charge Artists or Businesses Fees to use our Paypal System. Adva mobile Fees, and Paypal Fees, are added to the Materials price offered to the fan or consumer, and, along with any shipping and other fees, are paid by the fan or consumer.