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 below.



Account Terms

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 not permitted.
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).
See Adva Mobile’s Privacy Policy for information and notices concerning Adva Mobile’s 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.



Revenue Share

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 affiliate revenue.
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.



Payments:

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.



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 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 support@advamobile.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 upon cancellation.
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 time.



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 notice.
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 the Mobile Marketing Association. Any privacy policy you make available to end users of your Mobile Web Site and Apps (your Privacy Policy) will include any and all 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.
You agree to comply with the terms and conditions of our Privacy Policy. In the event that any modifications are made to the Privacy Policy that prohibit or materially 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 Mobile.
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.



General Conditions

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 Account termination.
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" messages.
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
Privacy Policy at http://www.advamobile.com/public/Privacy.aspx
Max 4msg/mo. Text STOP to 444999 to Stop, Text HELP to 444999 for Help
Message and Data Rates may apply.



Disclaimers

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.



Indemnity

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 Offering.



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.



Governing Law

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.



Dispute Resolution

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.



General

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 help@advamobile.com or call us at 877-752-5116