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Terms and Conditions
Last Updated: February 27, 2008
By using iamota's mobile marketing, messaging & payment platform, you are agreeing to the following terms and conditions. These terms apply to IAMOTA IMPULSE, IAMOTA IMPACT, IAMOTA ICAST "Members" (registered account holders) as well as mobile users that use IAMOTA IMPULSE, IAMOTA IMPACT, IAMOTA ICAST or any other service powered by iamota such as SENDPICSTOPHONE or SENDPICSTOPHONE FREE to purchase digital products and/or download content to their mobile phone.
This agreement ("Agreement") is a contract between you and IAMOTA Corporation ("IAMOTA"). By visiting or using any IAMOTA web site (www.iamota.com, www.iamotaimpulse.com, www.iamotaimpact.com, www.iamotaicast.com), any website, blog, social network, email or instant message containing mobile enabled content by iamota ("Content") or digital products available for purchase via IAMOTA IMPULSE ("Products"), or by completing the registration process to use IAMOTA IMPULSE, IAMOTA IMPACT or IAMOTA ICAST, or the IAMOTA Download or Subscription services (collectively, the "Service" or "IAMOTA Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service.
IAMOTA is operated by iamota corporation at 560 - 1188 West Georgia Street, Vancouver BC V6E 4A2
iamota is a Mobile Application Service Provider (MASP) that helps agencies and brands of all sizes access, interact with and sell to mobile consumers. iamota provides end-to-end mobile marketing, messaging and payment services, enabling access to more than 243 million mobile consumers.
iamota powers three key lines of business:
IAMOTA IMPULSE: for online merchants
Enable payment from over 200 million mobile phone users. Sell games, music, movies, photos, ebooks, pay-per-view, subscriptions & more. iamota impulse on-demand mobile services are offered free of charge to online merchants.
IAMOTA IMPACT: for agencies & brands of all sizes
Web 2.0-style, on-demand mobile services make it fast and easy to power mobile initiatives. iamota impact offers three levels of mobile services - Starter, Growth and Professional. Starter customers pre-pay to launch mobile services, plus messaging costs. Growth and Professional customers are issued a post-pay invoice for monthly platform access and messaging fees.
IAMOTA ICAST: for individual content "casting" to mobile phones
Cast pics, video & RSS feeds from your blog or your social network page to mobile phones. iamota icast on-demand mobile services are offered free of charge to individual content providers.
When mobile phone users click an "Instant Mobile Payment" or "Send to Phone" link or opt-in via their mobile phone and a keyword, they are prompted to follow the instructions to purchase digital Products and/or download Content to their mobile phone. Billing information for digital Product purchases and Content distributed to mobile phones is set out below:
IAMOTA IMPULSE
Single item transactions and monthly subscriptions are priced as follows:
Standard text and data charges may also apply.
IAMOTA IMPACT
Premium SMS (PSMS) campaigns for alert transactions and monthly subscriptions are priced as follows:
Standard text and data charges may also apply.
IAMOTA ICAST
SENDPICSTOPHONE
SENDPICSTOPHONE FREE
Here's what digital Product and Content providers need to do to get started:
As an iamota Account holder, you will be responsible for any activities that take place under your account, or that take place on or via any of your Content, Products or Mobile Services. If you become aware of any unauthorized use of your password or account, or any other breach of security, please delete your Content, Products and Mobile Services immediately. It is up to you to maintain the confidentiality of your password and account. iamota is not liable for any loss or damages arising from your failure to comply with the provisions of these terms.
You also understand and agree that as part of the Service, you may receive certain communications from iamota, such as account creation confirmations, royalty (out-payment) statements, service announcements, administrative messages and opt-in iamota product announcements. You will be able to opt-out of some of these communications but not others, such as the ones concerning your account and out-payments. If you don't want to receive "any" messages from iamota, you will have to delete your account.
iamota promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with iamota, unless you explicitly opt-in to do so.
iamota Account Holders:
Mobile Phone Users:
As an iamota Account holder, you will be able to mobilize and monetize various forms of Products and/or Content. iamota does not claim ownership of your Products and/or Content you distribute through the Service. The Products and Content will be owned by you or a third party from whom you got permission to include the Products and/or Content. By including Products and/or Content within the Service, however, you grant iamota a worldwide, royalty-free, and non-exclusive license, for as long as your Products and/or Content are displayed by iamota, to reproduce, display, modify, adapt and publish the Products and/or Content for the purpose of displaying, distributing and promoting your Products and/or Content on iamota and transmitting your Products and/or Content to mobile users upon their request. iamota may preserve and store Products and Content, and may also disclose Products and Content if required to do so by law, upon the request of a wireless carrier for Product and Content audit purposes, or if iamota believes in good faith that such preservation or disclosure is reasonably necessary to: comply with the legal process; enforce these Terms and Conditions; respond to claims that any Product or Content violates the rights of third parties; respond to reports of questionable Product or Content; or protect the rights, property, or personal safety of iamota, its users and the public.
The iamota Account holder, and not iamota, will be fully responsible for all Products, Content and Mobile Services that are uploaded, posted, transmitted or otherwise made available by the iamota Account holder on his or her Products, Content and Mobile Services. iamota cannot guarantee the accuracy, integrity or quality of such Products, Content and Mobile Services. iamota pre-screens all Products to ensure they fall within carrier guidelines for micro-content campaigns. However, iamota does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including that may violate these Terms, or that is otherwise objectionable. However, Content is filtered and monitored in the following ways: users must agree to these Terms and Conditions and the iamota Picture and Video Submission Policy when providing any Content; the iamota Admin Panel allows an administrator to frequently review all images, video and text based Content in the system; text based Content is filtered through a "bad word" dictionary which replaces full matches with asterisks (***) before sending the Content to a mobile user's device; the Content is then automatically flagged for immediate moderator review to determine if the source is inappropriate; all Content has a "report this content" link that allows a user to flag any Content for immediate moderator review; where an offending piece of Content is found in the system, it is immediately disabled; and finally, serious offenses or repeat offenders may have their account terminated by iamota and be banned from providing Content in the future. iamota cannot take responsibility for anything that your visitors may do in reliance on the Content you include in the Service.
Links and Advertisements - IAMOTA websites contain links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, IAMOTA cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that IAMOTA and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.
iamota Promotions - From time to time IAMOTA may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any IAMOTA promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither IAMOTA nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
iamota offers programs that may enable account holders to earn revenue thru a share of out-payments provided by wireless carriers when mobile users purchase digital Products via IAMOTA IMPULSE, or download Content via IAMOTA IMPACT or IAMOTA ICAST to their mobile phone ("Out-payment Services"). These Out-payment Services are provided subject generally to these Terms and Conditions, and in particular to this section. Your use of the Out-payment Services constitutes your agreement to uphold and be subject to these additional terms and conditions.
When premium SMS Products and/or Content is purchased and/or delivered via iamota Services as per a request and opt-in by a mobile phone user, to a mobile phone, iamota receives a percentage of payments ("out-payments") collected by wireless carriers such as AT&T, whose service is integrated with iamota's through a messaging gateway partner. iamota then shares a percentage of out-payments with the Product and/or Content provider that maintains an iamota Account in good standing. Out-payment amounts are set out below.
IAMOTA IMPULSE account holders receive a fixed amount per tariff as set out below:
IAMOTA IMPACT account holders can receive 75%, 85% or 90% of the percentage of PSMS paid to iamota by the wireless carriers, depending on the IAMOTA IMPACT package they signed up for.
IAMOTA ICAST account holders can receive approximately 30%, after costs, to deliver the premium SMS charge incurred by the mobile user.
Out-payment amounts may change from time to time, but not before all affected iamota account holders are notified by email. Your out-payment will go to you directly through PayPal, unless otherwise agreed to in writing.
As an iamota Account holder, you agree to maintain compliance with the policies and eligibility requirements imposed by iamota, as well as those that may be imposed by third parties with whom you may engage in the course of your participation in Out-payment Services.
By registering for Out-payment Services, you are appointing iamota as your exclusive agent to handle all Out-payment Service transactions.
It is likely that things will occur that will make it, in iamota's sole discretion, impossible to maintain the structure set out in these Terms and Conditions. iamota may have to change the amounts, percentages or details of the Out-payment Service. iamota will not make any financial changes retroactively. Any changes will be for future payments. If we do need to change any significant terms, we will notify you by email no fewer than two weeks before any change occurs. At that point, you will have the option of removing your Products and/or Content from the Service if you choose to stop your involvement with the Out-payment Service under the new structure.
Revenue is tracked on a product-by-product and content-by-content basis and is distributed to the appropriate iamota Account holder that earned it.
When you register for Out-payment Services, iamota will establish an earnings account for you (an "iamota Earnings Account"). Your iamota Earnings Account will hold any revenues generated from the use of the Out-payment Services on your Products and/or Content ("Earnings"). Any Earnings in your iamota Earnings Account will not be held in an interest-bearing account and will not bear interest. iamota may adjust, both up or down, any reported Earnings balances as may be necessary or required to reflect payment adjustments implemented, non-collection by wireless carriers, failure to pay, or other reasons caused, by third parties. The reports of Earnings displayed in your iamota Earnings Account will include such information as will be determined by iamota from time to time in its sole discretion, and will be conclusive, final and binding on you.
You will be able to use, or receive, the Earnings reported in your iamota Earnings Account in the manner (or manners) that iamota may set forth from time to time. iamota will deposit your out-payment earnings in your PalPay account within approximately sixty (60) days of the end of the month in which your confirmed earnings reaches $20 for ICAST account holders, $100 for IMPACT and IMPULSE account holders, unless otherwise agreed to in writing. For example, if you are an ICAST account holder and earn $10 in November and $15 in December, we'll deposit your total confirmed out-payment of $35 in your PayPal account by the end of February. If your confirmed earnings are less than $20 at the end of the month, we'll add your earnings to the following month, until the $20 out-payment threshold is reached.
Most revenue share programs have a 30 to 60 day out-payment processing delay to account for cancelled or returned items. iamota has a similar delay to account for failed SMS transactions and the event where a wireless carrier is unable to collect funds from an end user. As a result, no out-payments will be due via the Out-payment Service for transactions until payment to the wireless carrier has been confirmed.
In the event that your Out-payment Service is terminated, iamota will pay your earned balance (net of fees and other deductions) to you within approximately ninety (90) days after the end of the calendar quarter in which such termination occurred. In no event, however, shall iamota provide out-payments for any earned balance less than $20.
You may lose your ability to access, use or withdraw your reported Earnings from your iamota Earnings Account for several reasons including, without limitation, the following:
By using the Out-payment Services, you acknowledge and agree that iamota will not be responsible for, and will not be obligated in any manner to repay you for, any lost earnings.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Content and Products. If you want to make commercial use of the Service, you must enter into an agreement with IAMOTA to do so in advance. Please contact us for more information.
iamota may modify or terminate services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.
In the event iamota modifies these Terms and Conditions, you may terminate your use of iamota services. Your continued use of iamota services after any change to these Terms and Conditions will be deemed to be your agreement to the amended Terms and Conditions. iamota may also terminate your use, or right to use iamota services at any time for any reason. iamota reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, iamota services (or any part thereof) with or without notice. You agree that iamota shall not be liable to you or to any third party for any matter related to, aiming out of, or caused by the modification, suspension or discontinuance of iamota services for any reason. Except as delineated in the Out-payment Service section, termination of your iamota Account includes elimination of access to all iamota services, deletion of your account information such as your Email Address and Password, and deletion of your Content, Products and Mobile Services stored within your iamota Account as permitted or required by law.
iamota, in its sole discretion, may terminate your account, password or use of or access to the service (including the Out-payment Service), and remove and discard any Content, Products or Mobile Services, for any reason. Some of the more likely reasons for termination are violating the iamota Picture and Video Submission Policy, providing inaccurate information in the sign-up process, hacking Content, Products or the Service, illegal transactions via the Service, and otherwise acting in violation of the terms or the spirit of these Terms and Conditions. If iamota terminates your use of the Service, then your Content, Products and Mobile Services may be immediately deleted, and your iamota Earnings Account may be closed. In this event, iamota will not be responsible to you or any third party for any termination of your access to the Service.
As a mobile user, you can cancel any and all iamota Subscription Services by sending a text message from your mobile device containing only the word 'STOP' to the short code 426682 at any time. Services are not pro-rated for mid-month cancellations. IAMOTA will send you a text message confirming the cancellation. If you have any questions about cancellation please contact us at support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682).
In the event that your account or subscription is terminated or canceled, IAMOTA will not refund any fees. Your sole right and remedy with respect to any dispute with IAMOTA is to cancel your account.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except and expressly authorized by iamota, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
As a mobile user, your use of the Service, purchase of digital Products and/or download of Content and Subscriptions is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All Products or Content in the Service or on any IAMOTA website, such as the text, graphics, logos, button icons, images, video, games, data compilations, and software, is the property of IAMOTA or its Product and/or Content suppliers and protected by the laws of Canada and other countries, and by international treaties.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of IAMOTA and/or its affiliates, licensors and/or licensees. iamota and the iamota logo (the "iamota Marks") are trademarks of iamota corporation. All rights are reserved to iamota corporation. You agree not to display or use, in any manner, the iamota Marks, without iamota's prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAMOTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IAMOTA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE, OR THAT ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM IAMOTA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IAMOTA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IAMOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IAMOTA RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $10.00 OR THE AMOUNT YOU PAID FOR THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify and hold harmless iamota, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any terms of these Terms and Conditions, or other claim related to your use of the Service.
The Service is personal to you, and may not be assigned without iamota's express written consent. These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to the jurisdiction of the courts of the Province of British Columbia, other than for injunctive relief by iamota. You agree that these Terms and Conditions are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages. These Terms and Conditions shall constitute the complete and exclusive agreement between you and iamota, and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
If you have any questions or concerns regarding this agreement, please contact us at info@iamota.com.
PLEASE READ CAREFULLY:
1. WELCOME TO IAMOTA!
By using iamota's mobile marketing, messaging & payment platform, you are agreeing to the following terms and conditions. These terms apply to IAMOTA IMPULSE, IAMOTA IMPACT, IAMOTA ICAST "Members" (registered account holders) as well as mobile users that use IAMOTA IMPULSE, IAMOTA IMPACT, IAMOTA ICAST or any other service powered by iamota such as SENDPICSTOPHONE or SENDPICSTOPHONE FREE to purchase digital products and/or download content to their mobile phone.
This agreement ("Agreement") is a contract between you and IAMOTA Corporation ("IAMOTA"). By visiting or using any IAMOTA web site (www.iamota.com, www.iamotaimpulse.com, www.iamotaimpact.com, www.iamotaicast.com), any website, blog, social network, email or instant message containing mobile enabled content by iamota ("Content") or digital products available for purchase via IAMOTA IMPULSE ("Products"), or by completing the registration process to use IAMOTA IMPULSE, IAMOTA IMPACT or IAMOTA ICAST, or the IAMOTA Download or Subscription services (collectively, the "Service" or "IAMOTA Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service.
IAMOTA is operated by iamota corporation at 560 - 1188 West Georgia Street, Vancouver BC V6E 4A2
2. IAMOTA SERVICES & BILLING INFORMATION
iamota is a Mobile Application Service Provider (MASP) that helps agencies and brands of all sizes access, interact with and sell to mobile consumers. iamota provides end-to-end mobile marketing, messaging and payment services, enabling access to more than 243 million mobile consumers.
iamota powers three key lines of business:
IAMOTA IMPULSE: for online merchants
Enable payment from over 200 million mobile phone users. Sell games, music, movies, photos, ebooks, pay-per-view, subscriptions & more. iamota impulse on-demand mobile services are offered free of charge to online merchants.
IAMOTA IMPACT: for agencies & brands of all sizes
Web 2.0-style, on-demand mobile services make it fast and easy to power mobile initiatives. iamota impact offers three levels of mobile services - Starter, Growth and Professional. Starter customers pre-pay to launch mobile services, plus messaging costs. Growth and Professional customers are issued a post-pay invoice for monthly platform access and messaging fees.
IAMOTA ICAST: for individual content "casting" to mobile phones
Cast pics, video & RSS feeds from your blog or your social network page to mobile phones. iamota icast on-demand mobile services are offered free of charge to individual content providers.
When mobile phone users click an "Instant Mobile Payment" or "Send to Phone" link or opt-in via their mobile phone and a keyword, they are prompted to follow the instructions to purchase digital Products and/or download Content to their mobile phone. Billing information for digital Product purchases and Content distributed to mobile phones is set out below:
IAMOTA IMPULSE
Single item transactions and monthly subscriptions are priced as follows:
| $0.50 | $1.50 | $3.00 | $9.99 |
| $0.99 | $1.99 | $5.99 | $19.99 |
Standard text and data charges may also apply.
IAMOTA IMPACT
Premium SMS (PSMS) campaigns for alert transactions and monthly subscriptions are priced as follows:
| $0.50 | $1.50 | $3.00 | $9.99 |
| $0.99 | $1.99 | $5.99 | $19.99 |
Standard text and data charges may also apply.
IAMOTA ICAST
| Widget Name: | Mobile RSS Alert |
| Widget Description: | Notifies subscribers when a blog is updated |
| Provider: | iamota |
| Type: | Subscription |
| Subscription Duration: | Monthly |
| Price: | $3.00/month |
| Opt-Out: | Text "STOP" to 426682 (IAMOTA) |
| Help: | Text "HELP FEED" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Image (Wallpaper) |
| Widget Description: | Lets visitors download wallpaper |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.99 |
| Help: | Text "HELP WIDGET IMAGE" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Email Signature |
| Widget Description: | Lets email recipients download contact info |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET EMAIL" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | For Sale |
| Widget Description: | Shares basic details about stuff for sale |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET FORSALE" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | For Rent |
| Widget Description: | Shares info about stuff for rent |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET FORRENT" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Job Posting |
| Widget Description: | Lets prospects access key job listing details |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET JOB" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Concert Listing |
| Widget Description: | Provides details about an upcoming performance |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET CONCERT" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Driving Directions |
| Widget Description: | Helps visitors find their way with convenient directions |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET DRIVING" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Business Address |
| Widget Description: | Allows visitors to get address info on their phone |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET ADDRESS" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Party |
| Widget Description: | Allows visitors to download party details to their phone |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET PARTY" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Event |
| Widget Description: | Allows visitors to download event info to their phone |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET EVENT" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
| Widget Name: | Free-form Text |
| Widget Description: | Allows visitors to download thought bubbles, hot tips or quotes of the day to their phone |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.50 |
| Help: | Text "HELP WIDGET TEXT" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
SENDPICSTOPHONE
| Program Description: | Allows users to easily send pics (wallpaper) to their phone |
| Provider: | iamota |
| Type: | Pay-per-use |
| Price: | $0.99 |
| Help: | Text "HELP SENDPICSTOPHONE" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
SENDPICSTOPHONE FREE
| Program Description: | Allows users to easily send pics (wallpaper) to their phone |
| Provider: | iamota |
| Type: | Standard Rate |
| Price: | $0.00 |
| Help: | Text "HELP SENDPICSTOPHONEFREE" to 426682 (IAMOTA) |
| Additional Support: | Email support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682) |
Here's what digital Product and Content providers need to do to get started:
- To use IAMOTA IMPULSE, IAMOTA IMPACT or IAMOTA ICAST - sign-up for an account. You are required to have an iamota Account to use any of the iamota Services. In consideration of your use of the free components of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the iamota Sign up process; and b) maintain and promptly update your iamota Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if iamota has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iamota has the right to terminate your iamota Account and refuse any and all current or future use of iamota Services.
- When completing the Sign up process, you will select a unique email and password.
- iamota services are not intended for and may not be used by persons under the age of consent. By agreeing to the terms and conditions of this Agreement, you hereby represent to iamota that you are at least of the age of consent.
As an iamota Account holder, you will be responsible for any activities that take place under your account, or that take place on or via any of your Content, Products or Mobile Services. If you become aware of any unauthorized use of your password or account, or any other breach of security, please delete your Content, Products and Mobile Services immediately. It is up to you to maintain the confidentiality of your password and account. iamota is not liable for any loss or damages arising from your failure to comply with the provisions of these terms.
You also understand and agree that as part of the Service, you may receive certain communications from iamota, such as account creation confirmations, royalty (out-payment) statements, service announcements, administrative messages and opt-in iamota product announcements. You will be able to opt-out of some of these communications but not others, such as the ones concerning your account and out-payments. If you don't want to receive "any" messages from iamota, you will have to delete your account.
iamota promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with iamota, unless you explicitly opt-in to do so.
3. THE RULES FOR IAMOTA ACCOUNT HOLDERS AND MOBILE PHONE USERS
iamota Account Holders:
- You are solely responsible for your conduct and any data, text, information, links, graphics, pictures, video, wallpaper, games and profiles that you submit, post and display via the Service;
- You must not upload, post or otherwise include any Content or Products that are defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals;
- You must abide by the iamota Picture and Video Submission Policy and not upload, post or otherwise include any picture or video containing frontal nudity, genitalia, pornography, sexually explicit images or any copyrighted image or video (unless you own the copyright). iamota has the right to review all pictures and video and block any content from being sent to a mobile phone for any reason at our sole discretion;
- You cannot use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity;
- You cannot use the Service to distribute, share or solicit Content or Products belonging to third parties without proper authorization from the owner(s) of that Content or Product. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy);
- You must not, in the use of iamota, violate any Federal, Provincial or local laws. If you are creating mobile Content or Products outside of Canada, you must comply with all local laws regarding online and mobile conduct and acceptable Content and Products;
- You cannot modify, adapt or hack any iamota website or any Content, Products or Mobile Services that are not yours;
- You cannot create or submit spam to any iamota Account holder or mobile user;
- You cannot transmit or link to any worms or viruses or any code of a destructive nature;
- You cannot transmit Content or sell digital Products in beach of a confidentiality or fiduciary obligation you may have;
- You cannot attempt to automatically redirect visitors to other domains, mislead visitors of the origins of the content contained in your Content, Products or Mobile Services, or use your Content, Products or Mobile Services as storage for remote loading or to a website outside of any iamota website;
- You may not develop restricted or password-protected Content or Products;
- You cannot interfere or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- You cannot collect or store personal data about other users, except that you may encourage visitors to contact you and you may, in return, contact them back.
Mobile Phone Users:
- IAMOTA Services include digital Products that are available for purchase using a mobile phone and downloadable mobile Content, such as wallpaper, video and Text Message Services. You may purchase digital Products and/or Content through the iamota Subscription Service where you will receive Products and Content according to a specified schedule ("Subscriptions"). You may also purchase some Products and Content individually.
- To purchase digital Products and/or download Content from any iamota Service using your mobile phone – follow the double opt-in process.
- To participate in standard rate campaigns – follow the single opt-in process.
- Standard text and data charges (WAP, MMS, GPRS, SMS) and taxes may also apply for subscriptions, individual downloads and account related text messages.
- By completing the user initiated opt-in process for a Subscription Service, you authorize IAMOTA to bill your mobile telephone invoice directly.
- Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, IAMOTA will not refund any of your fees. Monthly subscribers are billed on a monthly cycle, which begins on the first day you sign up for the subscription and renews on the same day of the following month (your "Billing Cycle"). Your mobile telephone bill will be charged on the first day of each Billing Cycle. You agree that standard text and data charges (WAP, MMS, GPRS, and SMS) may also apply.
- By purchasing digital Products and/or downloading Content and using the IAMOTA downloads and/or Subscription Services, you agree that IAMOTA grants you a non-exclusive, non-transferable, revocable right to use the Content or Services on your compatible device for your own non-commercial use only.
- You agree that if any attempt to bill you for your Product, Content or Subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, IAMOTA reserves the right to re-bill you for any outstanding fees.
- You may purchase Products and Content individually. By completing the user initiated opt-in process, you authorize IAMOTA to bill your mobile telephone bill directly. You agree that standard text and data charges (WAP, MMS, GPRS, and SMS) may also apply.
- IAMOTA's rights to make available certain Products and/or Content to you may expire. In such event, IAMOTA will cease delivering the Products and/or Content to you after the end of the period in which such rights expire. IAMOTA will not refund any portion of your fees.
- You can get help at any time. Just Text 'HELP' to 426682 for text information on your IAMOTA Service.
4. THE PRODUCTS AND CONTENT: WHO OWNS THEM?
As an iamota Account holder, you will be able to mobilize and monetize various forms of Products and/or Content. iamota does not claim ownership of your Products and/or Content you distribute through the Service. The Products and Content will be owned by you or a third party from whom you got permission to include the Products and/or Content. By including Products and/or Content within the Service, however, you grant iamota a worldwide, royalty-free, and non-exclusive license, for as long as your Products and/or Content are displayed by iamota, to reproduce, display, modify, adapt and publish the Products and/or Content for the purpose of displaying, distributing and promoting your Products and/or Content on iamota and transmitting your Products and/or Content to mobile users upon their request. iamota may preserve and store Products and Content, and may also disclose Products and Content if required to do so by law, upon the request of a wireless carrier for Product and Content audit purposes, or if iamota believes in good faith that such preservation or disclosure is reasonably necessary to: comply with the legal process; enforce these Terms and Conditions; respond to claims that any Product or Content violates the rights of third parties; respond to reports of questionable Product or Content; or protect the rights, property, or personal safety of iamota, its users and the public.
The iamota Account holder, and not iamota, will be fully responsible for all Products, Content and Mobile Services that are uploaded, posted, transmitted or otherwise made available by the iamota Account holder on his or her Products, Content and Mobile Services. iamota cannot guarantee the accuracy, integrity or quality of such Products, Content and Mobile Services. iamota pre-screens all Products to ensure they fall within carrier guidelines for micro-content campaigns. However, iamota does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including that may violate these Terms, or that is otherwise objectionable. However, Content is filtered and monitored in the following ways: users must agree to these Terms and Conditions and the iamota Picture and Video Submission Policy when providing any Content; the iamota Admin Panel allows an administrator to frequently review all images, video and text based Content in the system; text based Content is filtered through a "bad word" dictionary which replaces full matches with asterisks (***) before sending the Content to a mobile user's device; the Content is then automatically flagged for immediate moderator review to determine if the source is inappropriate; all Content has a "report this content" link that allows a user to flag any Content for immediate moderator review; where an offending piece of Content is found in the system, it is immediately disabled; and finally, serious offenses or repeat offenders may have their account terminated by iamota and be banned from providing Content in the future. iamota cannot take responsibility for anything that your visitors may do in reliance on the Content you include in the Service.
5. THIRD PARTY PRODUCTS AND CONTENT APPEARING ON ANY IAMOTA WEBSITE
Links and Advertisements - IAMOTA websites contain links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, IAMOTA cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that IAMOTA and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.
iamota Promotions - From time to time IAMOTA may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any IAMOTA promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither IAMOTA nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
6. IAMOTA ACCOUNT HOLDER REVENUE SHARE (OUT-PAYMENT) PROGRAM
iamota offers programs that may enable account holders to earn revenue thru a share of out-payments provided by wireless carriers when mobile users purchase digital Products via IAMOTA IMPULSE, or download Content via IAMOTA IMPACT or IAMOTA ICAST to their mobile phone ("Out-payment Services"). These Out-payment Services are provided subject generally to these Terms and Conditions, and in particular to this section. Your use of the Out-payment Services constitutes your agreement to uphold and be subject to these additional terms and conditions.
When premium SMS Products and/or Content is purchased and/or delivered via iamota Services as per a request and opt-in by a mobile phone user, to a mobile phone, iamota receives a percentage of payments ("out-payments") collected by wireless carriers such as AT&T, whose service is integrated with iamota's through a messaging gateway partner. iamota then shares a percentage of out-payments with the Product and/or Content provider that maintains an iamota Account in good standing. Out-payment amounts are set out below.
IAMOTA IMPULSE account holders receive a fixed amount per tariff as set out below:
| Tariff | Out-payment |
|---|---|
| $0.50 | $0.08 |
| $0.99 | $0.32 |
| $1.50 | $0.51 |
| $1.99 | $0.71 |
| $3.00 | $1.23 |
| $5.99 | $2.76 |
| $9.99 | $4.66 |
| $19.99 | $9.42 |
IAMOTA IMPACT account holders can receive 75%, 85% or 90% of the percentage of PSMS paid to iamota by the wireless carriers, depending on the IAMOTA IMPACT package they signed up for.
IAMOTA ICAST account holders can receive approximately 30%, after costs, to deliver the premium SMS charge incurred by the mobile user.
Out-payment amounts may change from time to time, but not before all affected iamota account holders are notified by email. Your out-payment will go to you directly through PayPal, unless otherwise agreed to in writing.
7. OUT-PAYMENT PROGRAM PARTICIPATION
As an iamota Account holder, you agree to maintain compliance with the policies and eligibility requirements imposed by iamota, as well as those that may be imposed by third parties with whom you may engage in the course of your participation in Out-payment Services.
By registering for Out-payment Services, you are appointing iamota as your exclusive agent to handle all Out-payment Service transactions.
It is likely that things will occur that will make it, in iamota's sole discretion, impossible to maintain the structure set out in these Terms and Conditions. iamota may have to change the amounts, percentages or details of the Out-payment Service. iamota will not make any financial changes retroactively. Any changes will be for future payments. If we do need to change any significant terms, we will notify you by email no fewer than two weeks before any change occurs. At that point, you will have the option of removing your Products and/or Content from the Service if you choose to stop your involvement with the Out-payment Service under the new structure.
Revenue is tracked on a product-by-product and content-by-content basis and is distributed to the appropriate iamota Account holder that earned it.
When you register for Out-payment Services, iamota will establish an earnings account for you (an "iamota Earnings Account"). Your iamota Earnings Account will hold any revenues generated from the use of the Out-payment Services on your Products and/or Content ("Earnings"). Any Earnings in your iamota Earnings Account will not be held in an interest-bearing account and will not bear interest. iamota may adjust, both up or down, any reported Earnings balances as may be necessary or required to reflect payment adjustments implemented, non-collection by wireless carriers, failure to pay, or other reasons caused, by third parties. The reports of Earnings displayed in your iamota Earnings Account will include such information as will be determined by iamota from time to time in its sole discretion, and will be conclusive, final and binding on you.
You will be able to use, or receive, the Earnings reported in your iamota Earnings Account in the manner (or manners) that iamota may set forth from time to time. iamota will deposit your out-payment earnings in your PalPay account within approximately sixty (60) days of the end of the month in which your confirmed earnings reaches $20 for ICAST account holders, $100 for IMPACT and IMPULSE account holders, unless otherwise agreed to in writing. For example, if you are an ICAST account holder and earn $10 in November and $15 in December, we'll deposit your total confirmed out-payment of $35 in your PayPal account by the end of February. If your confirmed earnings are less than $20 at the end of the month, we'll add your earnings to the following month, until the $20 out-payment threshold is reached.
Most revenue share programs have a 30 to 60 day out-payment processing delay to account for cancelled or returned items. iamota has a similar delay to account for failed SMS transactions and the event where a wireless carrier is unable to collect funds from an end user. As a result, no out-payments will be due via the Out-payment Service for transactions until payment to the wireless carrier has been confirmed.
In the event that your Out-payment Service is terminated, iamota will pay your earned balance (net of fees and other deductions) to you within approximately ninety (90) days after the end of the calendar quarter in which such termination occurred. In no event, however, shall iamota provide out-payments for any earned balance less than $20.
You may lose your ability to access, use or withdraw your reported Earnings from your iamota Earnings Account for several reasons including, without limitation, the following:
- If you in any way violate or otherwise breach these Terms and Conditions;
- If you engage in any activity intended to, or the result of which could or would, defraud iamota, mobile phone users, wireless carriers, messaging aggregators, or any third party, including, without limitation, with respect to any mobile transaction activity arising on your Products and/or Content, taking any action (or authorizing any third party to take any action) to inflate or otherwise manipulate mobile transactions from your Products and/or Content to mobile users, or otherwise attempting, in iamota's judgment, to simulate artificially the behavior or activity of an individual mobile user.
- If your participation in the iamota Out-Payment Program is found to be in violation of any law restricting your ability to receive funds, including but not limited to, political campaign finance laws.
By using the Out-payment Services, you acknowledge and agree that iamota will not be responsible for, and will not be obligated in any manner to repay you for, any lost earnings.
8. NO RESALE OF IAMOTA SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Content and Products. If you want to make commercial use of the Service, you must enter into an agreement with IAMOTA to do so in advance. Please contact us for more information.
9. RIGHT TO TERMINATE OR MODIFY TERMS AND CONDITIONS AND IAMOTA SERVICE
iamota may modify or terminate services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.
In the event iamota modifies these Terms and Conditions, you may terminate your use of iamota services. Your continued use of iamota services after any change to these Terms and Conditions will be deemed to be your agreement to the amended Terms and Conditions. iamota may also terminate your use, or right to use iamota services at any time for any reason. iamota reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, iamota services (or any part thereof) with or without notice. You agree that iamota shall not be liable to you or to any third party for any matter related to, aiming out of, or caused by the modification, suspension or discontinuance of iamota services for any reason. Except as delineated in the Out-payment Service section, termination of your iamota Account includes elimination of access to all iamota services, deletion of your account information such as your Email Address and Password, and deletion of your Content, Products and Mobile Services stored within your iamota Account as permitted or required by law.
10. IAMOTA CAN TERMINATE YOUR USE OF THE SERVICE
iamota, in its sole discretion, may terminate your account, password or use of or access to the service (including the Out-payment Service), and remove and discard any Content, Products or Mobile Services, for any reason. Some of the more likely reasons for termination are violating the iamota Picture and Video Submission Policy, providing inaccurate information in the sign-up process, hacking Content, Products or the Service, illegal transactions via the Service, and otherwise acting in violation of the terms or the spirit of these Terms and Conditions. If iamota terminates your use of the Service, then your Content, Products and Mobile Services may be immediately deleted, and your iamota Earnings Account may be closed. In this event, iamota will not be responsible to you or any third party for any termination of your access to the Service.
11. MOBILE USERS CAN TERMINATE USE OF THE SERVICE
As a mobile user, you can cancel any and all iamota Subscription Services by sending a text message from your mobile device containing only the word 'STOP' to the short code 426682 at any time. Services are not pro-rated for mid-month cancellations. IAMOTA will send you a text message confirming the cancellation. If you have any questions about cancellation please contact us at support@iamota.com, or call 1-866-5IAMOTA (1-866-542-6682).
In the event that your account or subscription is terminated or canceled, IAMOTA will not refund any fees. Your sole right and remedy with respect to any dispute with IAMOTA is to cancel your account.
12. IAMOTA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except and expressly authorized by iamota, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
As a mobile user, your use of the Service, purchase of digital Products and/or download of Content and Subscriptions is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All Products or Content in the Service or on any IAMOTA website, such as the text, graphics, logos, button icons, images, video, games, data compilations, and software, is the property of IAMOTA or its Product and/or Content suppliers and protected by the laws of Canada and other countries, and by international treaties.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of IAMOTA and/or its affiliates, licensors and/or licensees. iamota and the iamota logo (the "iamota Marks") are trademarks of iamota corporation. All rights are reserved to iamota corporation. You agree not to display or use, in any manner, the iamota Marks, without iamota's prior permission.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAMOTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IAMOTA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE, OR THAT ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM IAMOTA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IAMOTA BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IAMOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IAMOTA RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $10.00 OR THE AMOUNT YOU PAID FOR THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
15. INDEMNIFICATION
You agree to indemnify and hold harmless iamota, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any terms of these Terms and Conditions, or other claim related to your use of the Service.
16. MISCELLANEOUS
The Service is personal to you, and may not be assigned without iamota's express written consent. These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to the jurisdiction of the courts of the Province of British Columbia, other than for injunctive relief by iamota. You agree that these Terms and Conditions are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages. These Terms and Conditions shall constitute the complete and exclusive agreement between you and iamota, and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
If you have any questions or concerns regarding this agreement, please contact us at info@iamota.com.
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