Updated July 1, 2012
Adva Mobile, Inc. (“Adva Mobile”, “we” or “us”) provides a mobile marketing and
technology services platform to enable customers (“Adva Mobile Customers”) to develop
and manage mobile Web sites and smart phone Applications (each a “Mobile Site”)
as well as related site/App hosting and marketing support services (the "Service").
By using the Advamobile.com web site ("Site") and/or the Service, you are agreeing
to be bound by the following terms and conditions ("Terms of Service").
Adva Mobile reserves the right to update and change the Terms of Service from time
to time without advance notice. If we modify these Terms of Service, we will post
the modification on the Site or provide you with notice of the modification. We
will also update the "Updated Date" at the top of these Terms of Service or on the
Site. Any new features that augment or enhance the current Service, including the
release of new tools and resources, shall be subject to the Terms of Service. By
continuing to access or use the Site and Service after we have posted a modification
to these Terms of Service on the Site or have provided you with notice of a modification,
you are indicating that you agree to be bound by the modified Terms of Service.
If the modified Terms of Service are not acceptable to you, your recourse is to
cease using the Site and Service. You can review the most current version of the
Terms of Service at any time at www.advamobile.com/terms.
Any violation of any of the terms below will result in the termination of your Account.
You agree to use the Service at your own risk and subject to the terms set forth
You must be 13 years or older to use this Service and open an account ("Account").
You must be a human. Accounts registered by "bots" or other automated methods are
You must provide a valid email address and any other information requested in order
to complete the signup process to open an Account.
You are responsible for maintaining the security of your Account and password. Adva
Mobile cannot and will not be liable for any loss or damage from your failure to
comply with this security obligation.
Except for Site Advertisements (defined below), you are responsible for all text,
data, graphics, images, photos and video files posted on your mobile Site and Apps
via the Service ("Content") and activity that occurs under your Account (even when
Content is posted by others who have access to your Account). Your Content does
not include any advertisements not sourced and/or made available by you.
You may not use the Service for any illegal or unauthorized purpose. You must not,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright and privacy laws).
collection and use of your personal information and that of end users.
Payments and Refund Terms
Except in connection with a free feature of the Service, a valid credit card or
PayPal Account is required.
The Service is billed in advance on a monthly or yearly basis and is non-refundable.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade
refunds, or refunds for months unused with an open Account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties, excluding
only United States (federal or state) taxes.
Adva Mobile will use commercially reasonable efforts to have the Mobile Application
approved by the Google Android Marketplace and Apple iTunes Store. Although there
is a high likelihood of approval, we do not and cannot guarantee acceptance. If
your Mobile Application is denied by either of these Providers, you may cancel your
Account if this cancellation is within 90 days of your Application submission.
If invoiced, payment is due upon receipt.
If you decide to sell any physical or digital media (including music, videos or
other content) through the Mobile Website or App by using iTunes or Amazon ("Stores"),
we will establish the affiliate links to these Stores. You acknowledge and agree
that Adva Mobile may use affiliate links to the Stores and retain 100% of the applicable
You may sell digital and physical goods through our Service to fans and consumers
on their phone through an Adva Mobile system. The Adva Mobile System provide a promotional
capability, whereby goods may be placed, described, and advertised on mobile web
pages and Apps, a procurement system, whereby goods 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 of physical goods,
and it is the responsibility of the Customer to provide fulfillment services to
the fan or consumer.
For goods sold through Adva Mobile's Paypal System: If you have a Paypal account,
Paypal terms govern the payment of any transaction involving goods. Adva Mobile
will deposit payments made for goods 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.
Adva Mobile does not charge Artists or Businesses Fees to use our Paypal System.
Adva Mobile Fees, and Paypal Fees, are added to the goods price offered to the fan
or consumer, and, along with any shipping and other fees, are paid by the fan or
consumer. Currently, Adva Mobile adds a transaction fee of 10%, with a minimum of
$0.10 and a maximum of $2.00 for each item.
Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation
requests must be submitted via email to email@example.com.
Cancellations by phone will not be considered valid. We may retain an archived copy
of your records as required by law or for legitimate business purposes, however
we have no obligation to do so and your Content may be deleted from the Service
Adva Mobile, in its sole discretion, has the right to suspend or terminate your
Account and refuse any and all current or future use of the Service, or any other
Adva Mobile service, for any reason at any time. The reasons we might do this include
your violation of these Terms of Service. Such termination of the Service will result
in the deactivation or deletion of your Account or your access to your Account,
and the forfeiture and relinquishment of all Content in your Account.
Adva Mobile reserves the right to refuse service to anyone for any reason at any
Modifications to the Service and Prices
Adva Mobile reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without prior
Prices for the Service, including but not limited to monthly subscription plan fees
to the Service, are subject to change upon 30 days notice from us. Such notice may
be provided at any time by posting the changes to the Site or via the Service itself.
Adva Mobile shall not be liable to you or to any third party for any of the actions
or inactions of its third party business partners regarding modification, price
changes, suspension or discontinuance of the services of such third party business
partners which work or integrate with the Service.
From time to time, Adva Mobile may issue an update to the Service which may add,
modify, and/or remove features from the Service. These updates may be pushed out
automatically with little or no notice, although Adva Mobile will make commercially
reasonable efforts to notify you in advance of an upcoming update, including details
on what the update includes.
Free Mobile Website Solution
As part of the Service, in addition to offering Mobile Sites for which you can pay
a fee to create and manage through the Service, you can also create and manage a
Mobile Site without charge (each a “Free Mobile Website Solution”). If you choose
to use our Free Mobile Website Solution, you understand and agree to the following
terms: (a) Adva Mobile has the sole and exclusive right to place and/or run any
and all advertising (including, but not limited to, advertising campaigns and affiliate
links) (“Site Advertising”) on the Free Mobile Website Solution in its sole discretion.
You will not be entitled to compensation of any kind as a result of any Site Advertising
made available via a Free Mobile Website Solution.
You may convert a Free Mobile Website Solution to a paid Mobile Site by upgrading
via the Dashboard at any time.
End Users and End User Data
Adva Mobile collects certain information generated or provided by end users of a
Mobile Site or App (“End User Data”). End User Data may include the personally identifiable
information and/or non-personally identifiable information of end users. You acknowledge
and agree that:
You and your Mobile Website and Apps abide by all applicable privacy laws and regulations,
and by the terms and conditions set forth by the Carriers and the guidelines of
disclosures and election procedures that may be required under applicable laws in
light of the provision of the Service contemplated by these Terms of Service, including,
without limitation, clear and conspicuous disclosure to end users about your practices
with respect to the collection, use and sharing of End User Data on or through the
Service and your use of third party service providers.
impair Adva Mobile’s ability to provide the Service or potentially subjects you
or Adva Mobile to claims of third parties or enforcement authorities, Adva Mobile
may suspend, discontinue or terminate performance of the Service, in our sole discretion.
You are solely responsible for your interactions (including any disputes) with end
users and Adva Mobile does not in any way screen end users. Adva Mobile may, but
is under no obligation to, monitor or censor any comments made by end users or content
provided by end users and disclaims any and all liability relating thereto.
License Grant, Copyright and Content Ownership
You hereby grant to Adva Mobile a worldwide, irrevocable, perpetual, non-exclusive,
transferable, royalty-free license, with the right to sublicense, to use, access,
view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform,
transmit, stream, broadcast and otherwise exploit any Content in any and all media
now and in the future that you have uploaded to the Adva Mobile Portal, for any
purpose relating to the Service. Adva Mobile does not claim any ownership rights
in your Content and nothing in these Terms of Service will be deemed to restrict
any rights that you may have to use and exploit any such Content.
We claim no intellectual property rights over your Content. Your profile and materials
uploaded by you remain yours. However, by using the Service to create your Mobile
Website and/or Apps, you agree to allow others to view and share your Content via
your Mobile Website and App.
Adva Mobile does not pre-screen Content, but Adva Mobile and its designee have the
right (but not the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service. In particular, Content that is in violation
of the guidelines of the Mobile Marketing Association can be removed without notice.
The Site and the Service, including their "look and feel" are protected by copyright,
trademark, and other laws of the United States and foreign countries. Adva Mobile
exclusively owns all right, title and interest in and to the Site and the Service,
including all associated intellectual property rights. Without limiting the foregoing,
you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design
elements of the Site or the Service without express written permission from Adva
You shall be solely responsible for securing and paying for all digital phonorecord
delivery mechanical licenses, any public performance licenses, synchronization licenses
and any other licenses from musical composition copyright owners (or their agents)
required in connection all Content selected by you for use in connection with your
Mobile Website or Apps.
You agree that you will not post, upload, publish, submit or transmit any Content
that: (i) infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (ii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children
or may be deemed "directed to children" as the term is defined under Children’s
Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic,
vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment
or harm against any individual or group; (vii) is violent or threatening or promotes
violence or actions that are threatening to any person or entity; or (viii) promotes
illegal or harmful activities or substances. You will not publish, submit or transmit
any Content that is in violation of the guidelines of the Mobile Marketing Association.
You acknowledge that Adva Mobile has no obligation to monitor your access to or
use of the Site or Service, or to review or edit any Content, but has the right
to do so for the purpose of operating the Site and Services, to ensure your compliance
with these Terms of Service, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body. Adva Mobile reserves
the right, at any time and without prior notice, to remove or disable access to
any Content and Accounts we determine in our sole discretion to be in violation
of these Terms or otherwise harmful to the Site or Service.
You understand that Adva Mobile uses third party vendors and hosting partners to
provide the necessary hardware, software, networking, storage, and related technology
required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, or any other Adva Mobile service.
You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service without
the express written permission by Adva Mobile.
Verbal, physical, written or other abuse (including threats of abuse or retribution)
of any Adva Mobile customer, employee, member, or officer will result in immediate
You understand that the technical processing and transmission of the Service, including
your Content, may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam"
You must not transmit any worms or viruses or any code of a destructive nature.
SMS Text Service
Adva Mobile offers Customers the use of a two way SMS Text Service. The service
uses shortcode 444999 is supported by the following carriers: Alltel, AT&T Mobility,
Boost Mobile, Cellular One, 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.
By using the service, your Users can receive SMS Text Alerts sent by You. Alerts
will be kept to a minimum and will comply with the terms outlined in the signup
text we send them (for example, no more than 4 messages per month).Your wireless
provider may charge Users text messaging rates to receive these alerts. Check with
your wireless provider if you are not sure. Standard message charges apply.
If you promote your “keyword” and our shortcode on printed material, you are obligated
to include text that is mandated by the Mobile Marketing Association and Wireless
Carriers. This language cannot be omitted. The required language is:
Text GET<keyword> to 444999
Terms at http://www.advamobile.com/public/Terms.aspx
Max 4msg/mo. Text STOP to 444999 to Stop, Text HELP to 444999 for Help
Message and Data Rates may apply.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ADVA MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT
AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE
OF DEALING OR COURSE OF PERFORMANCE. Adva Mobile does not warrant that (i) the Service
will meet your specific requirements, (ii) the Service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the use of the
Service will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the Service
will meet your expectations, and (v) any errors in the Service will be corrected.
You agree to defend, indemnify, and hold Adva Mobile, its officers, directors, employees
and agents, harmless from and against any claims, liabilities, damages, losses,
and expenses, including without limitation reasonable attorney’s fees and costs,
arising out of or in any way connected with (i) your access to or use of the Site
or the Service; (ii) your violation of these Terms of Service; or (iii) your violation
of any third party right, including without limitation any intellectual property
right, publicity, confidentiality, property or privacy right by you or your Mobile
Limitation of Liability
You expressly understand and agree that Adva Mobile shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Adva Mobile has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the Service; (ii) 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; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the Service;
(v) or any other matter relating to the Service. In no event shall Adva Mobile’s
liability to you exceed the amount actually paid to Adva Mobile by you during the
preceding six (6) months.
These Terms of Service and any action related thereto will be governed by the laws
of the Commonwealth of Massachusetts without regard to its conflict of laws provisions.
You and Adva Mobile agree that any dispute, claim or controversy arising out of
or relating to these Terms or the breach, termination, enforcement, interpretation
or validity thereof or the use of the Site, Services or Mobile Web Sites or Apps
(collectively, "Disputes") will be settled by binding arbitration, except that each
party retains the right to bring an individual action in small claims court and
the right to seek injunctive or other equitable relief in a court of competent jurisdiction
to prevent the actual or threatened infringement, misappropriation or violation
of a party’s copyrights, trademarks, trade secrets, patents or other intellectual
property rights. You acknowledge and agree that you and Adva Mobile are each waiving
the right to a trial by jury or to participate as a plaintiff or class member in
any purported class action or representative proceeding. Further, unless both you
and Adva Mobile otherwise agree in writing, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of any class
or representative proceeding. If this specific paragraph is held unenforceable,
then the entirety of this "Dispute Resolution" section will be deemed void. Except
as provided in the preceding sentence, this "Dispute Resolution" section will survive
any termination of these Terms of Service.
The failure of Adva Mobile to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The Terms
of Service constitutes the entire agreement between you and Adva Mobile and govern
your use of the Service, superseding any prior agreements between you and Adva Mobile
(including, but not limited to, any prior versions of the Terms of Service). If
for any reason a court of competent jurisdiction finds any provision of these Terms
of Service invalid or unenforceable, that provision will be enforced to the maximum
extent permissible and the other provisions of these Terms of Service with remain
in full force and effect.
Contacting Adva Mobile; Technical Support
If you have any questions about these Terms, please contact us via email at
firstname.lastname@example.org or call us at 877-752-5116