TERMS OF SERVICE
MOPEDO’S SERVICES & PRODUCTS
1 ACCEPTANCE OF TERMS
1.1 These ”Terms of Service” apply to the services and products provided by MOPEDO AB, a Swedish corporation with organization number 556704-1479, “MOPEDO”.
1.2 These Terms of Service govern your access to and use of the Mopedo Ad-Tech Platform (“MOPEDO ATP”) and form an agreement between MOPEDO and you. The term “You” refers to the person or entity accessing or using the Mopedo ATP, or browsing, purchasing Advertising Products or otherwise using applications distributed though the Mopedo ATP.
1.3 By accessing and/or using the Mopedo ATP you accept and agree to be bound by and comply with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, you can not use the Mopedo ATP.
1.4 The Mopedo ATP is not affiliated with any Publisher, or its third party contractors or service providers. Other terms of service may apply to the services that are provided by the Publisher and other third parties in association with the Mopedo ATP.
1.6 Any terms and conditions of these Terms of Service, which by their nature extend beyond the termination of these Terms of Service shall survive such termination. This includes, without limitation Section 3 (Use of Service), Section 4 (Rights), Section 6 (Limitation of Liability), Section 7(Warranties), Section 8 (Indemnity and Release), Section 9 (Confidentiality) and Section 10 (Governing law and disputes).
1.7 In addition to these Terms of Service, when using the Mopedo ATP, you agree to comply with and be subject to the Interactive Bureau Standard Terms and Conditions for Advertising for Media Buys One Year or Less, Version 3.0 (“The IAB Terms and Conditions”, as may be amended from time to time, available at www.iab.com.) The IAB Terms and Conditions are hereby incorporated and form part of these Terms of Service. In the event om any discrepancies or inconsistency between these Terms of Service and the IAB Terms and Conditions these Terms of Service shall prevail to the extent of such inconsistency.
2 DESCRIPTION OF SERVICE
2.1 The Mopedo ATP includes and is limited to a mean for advertisers (“Advertisers”) to run advertising campaigns by purchasing and inserting advertisements (“Advertisements”) and advertising products or service (collectively the “Advertising Products”) on third party publishers’ websites.
2.2 Any new features shall, unless explicitly stated otherwise, be subject to the Terms of Service.
2.3 MOPEDO makes no representations or warranties of any kind, whether express or implied, to You relating to the Mopedo ATP, which is provided to You on an “as is” and “as available” basis.
3 USE OF SERVICE
3.1 During the installation and registration process for the Mopedo ATP you will create a password and account using MOPEDO’s interface. You agree to provide true, accurate, current and complete information about yourself, as prompted by the Mopedo ATP (“Registration Data”). You also agree to maintain and update information the Registration Data to keep it true and accurate.
3.2 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to immediately notify MOPEDO of ant unauthorized use of your password or account or any breach of security; and
3.3 You agree not to access the Mopedo ATP by any means other than through the interface that is provided by MOPEDO for use in accessing the Mopedo ATP.
3.4 In using the Mopedo ATP, you understand that you are liable for all information, in whatever form, including all information in respect of Advertising and Advertising Products (collectively “Information”) you make available directly or indirectly available to Publishers. By submitting Information to the Mopedo ATP, you grant MOPEDO and its affiliates, a non-exclusive, royalty-free, perpetual, transferrable, irrevocable and fully sub-licensable right to
a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Information throughout the world in any media, now known or hereafter devised, as required to provide the Mopedo ATP; and
b) use the name you submitted in connections with such Information, as required to provide the Mopedo ATP,
3.5 You agree to not use the Mopedo ATP to:
a) Upload, post, email, transmit or make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Harm minors in any way;
c) Impersonate any person or entity, including, but not limited to a Mopedo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Mopedo ATP.
e) Upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f) Upload, post, email, transmit or otherwise make available any Information that infringes, misappropriates or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h) Interfere with or disrupt the Mopedo ATP or servers or networks connected to the Mopedo ATP; or
3.6 You understand that the technical processing and transmission of the Mopedo ATP, including your Information may involve;
a) Transmission over various networks; and
b) Changes to conform and adapt to technical requirements of connecting networks or devices.
3.7 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. You also agree to comply with all other rules and regulations as provided by the selected Publishers.
4.1 Subject to the terms of these Terms of Service, MOPEDO grants you a personal, non-transferable and non-exclusive right and license to access view and use the Mopedo ATP, and to download, store and print single copies of items comprising the Mopedo ATP, provided that you maintain all copyright and other notices contained in such content.
4.2 MOPEDO reserves the right to, without prior warning, prohibit access to the Mopedo ATP. If you violate any provision of these Terms of Service, your permission to use the Mopedo ATP automatically terminates and you must immediately cease use of the Mopedo ATP.
4.3 You recognize and acknowledge that MOPEDO does not pre-screen any Information working in coordination with the Mopedo ATP, but that MOPEDO and its designees shall have the right, but no obligation, in their sole discretion revoke your use of access to the Mopedo ATP. You acknowledge and agree that MOPEDO may preserve Information and may also disclose Information if so required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a) Comply with applicable laws;
b) Enforce these Terms of Service
c) Respond to claims that any Information violates the rights of third parties; or
d) Protect the rights, property or personal safety of MOPEDO, its users and/or the public.
4.4 The Mopedo ATP and its content, including all designs, infrastructure, graphics, pictures, illustrations, software, artwork, video, music, sound names, words, titles, phrases, logos and marks, displayed or presented to you within the Mopedo ATP or otherwise made available by MOPEDO, are owned and licensed by Mopedo and are protected by copyright, trade-mark, service marks, patents or other intellectual property rights and laws.
4.5 MOPEDO, its affiliates or suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed within the Mopedo ATP. You may not remove or deface or obscure any of MOPEDO’s or its affiliates’ or suppliers’ copyright or trade mark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Mopedo ATP.
4.6 You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Mopedo ATP.
5 AMENDMENT OF SERVICE
5.1 MOPEDO continuously updates its services and products and reserves the right to change, remove or add features, temporarily or permanently, in regards to any aspect of the Mopedo ATP as well as any information, material or content and availability of applications of the Mopedo ATP at any time, without notice. You agree that MOPEDO will not be liable to you or any third party for any modification, suspension or discontinuance of the Mopedo ATP.
5.2 Mopedo reserves the right to change or amend these Terms of Service at any time without prior notice, except where prohibited by applicable law. Your continued use of the Mopedo ATP after any changes to these Terms of Services indicated your acceptance of such changes. It is your responsibility to review these Terms of Service regularly. They are available at www.mopedo.com.
6 LIMITATION OF LIABILITY
6.1 Subject to applicable law, in no event will MOPEDO, its suppliers or their respective officers, directors, employees or agents, be liable, whether based on warranty, contract, tort, negligence, strict liability, or any legal theory, any damages of any kind, including but not limited to;
a) Any indirect, special, incidental, punitive, exemplary or consequential damages; or
b) Any loss of use, data, business, or profits, regardless of legal theory.
This will be regardless of whether or not MOPEDO or any of its affiliates have been warned of the possibility of such damages, and even if a remedy fails in its essential purpose.
6.2 Not withstanding the previous paragraph, if MOPEDO is found to be liable, its liability to you or any third party is limited to the greater of;
a) Your total advertising payments collected by us un respect of the Advertising or Advertising Product giving rise to the claim; and
b) 100 EUR
7.1 To the fullest extent permitted by law, MOPEDO and its affiliates expressly disclaim all representations and warranties of any kind with respect to the service or any other products, whether, express or implied, including, but not limited to, any and all warranties
a) Of merchantability, merchantability quality or fitness for a particular purpose;
b) Of non-infringement and title
c) That any use of the service will be free from any interruptions, delays, inaccuracies, server down-time, error or omissions;
d) That the site will be secure, or free of viruses, worms or other harmful components and;
e) That information, data or materials presented or displayed on this site are correct, accurate or reliable.
7.2 Any material downloaded or otherwise obtained through the use of the Mopedo ATP is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
8 INDEMNITY AND RELEASE
8.1 You will indemnify and hold MOPEDO, its suppliers and their respective officers, directors, employees or agents, harmless from any claims, suits, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable attorneys' fees, made by any third party due to or arising out of;
a) Information you submit, post, transmit or make available through the Mopedo ATP;
b) Your use of the Mopedo ATP
c) Your connection to the Mopedo ATP
d) Your violation of the Terms of Service; or
e) Your violation of any any law or the rights of a third party
8.2 Your use of the Mopedo ATP will not be made the basis for any claim, suit, demand or cause of action or other proceeding against Mopedo, its suppliers and their respective officers, directors, employees or agents (collectively referred to herein as the "Releases").
8.3 You further agree to release, indemnify and hold harmless the Releases from all liability in any way relating to or arising in connection with your use of the Mopedo ATP, including injuries, loss or damage of any kind.
9.1 The Mopedo ATP is intended for use by and for the benefit of registered account holders only You will retain in confidence and require your employees, agents or contractors to retain in confidence all information associated with the Mopedo ATP which would reasonably be viewed as confidential in the circumstances of disclosure.
9.2 "Confidential Information" means any information of an economic, technical, commercial or other nature relating to the parties and their affiliates, whether they are documented in writing or not. Information shall not be considered Confidential Information if it is generally known or if it has been made public by other means than through the receiving Party's breach of these Terms of service.
9.3 You will undertake not to fully or partially disclose Confidential Information obtained in connection with these Terms of Service, attributable to the other party or a third party, unless the other party has given its prior written consent or the disclosing party of the Confidential Information is required to do so under applicable law, enforceable judgment, binding administrative decisions or regulations or applicable regulations for the regulated market.
9.4 The Parties shall not use Confidential Information for any purpose other than to exercise their rights and obligations under the Sales Agreement and these Terms of Service. The Parties shall take all necessary measures to prevent their employees or agents from unlawfully disseminating or using Confidential Information.
9.5 The parties' confidentiality obligations will apply without limitation in time.
9.6 MOPEDO may, by special agreement with the legal entity; for marketing purposes indicate that the entity is a user of the services.
10.1 No consent of waiver, expressed or implied, by MOPEDO of any breach or default of the other party in performing its obligations under these Terms of Service shall be deemed or construed to be a consent or waiver of any other breach or default by the other party of the same or any other obligation hereunder.
10.2 Any failure by MOPEDO to complain of any act or failure to act of the other party or to declare that other party in default shall not constitute a waiver by MOPEDO of its rights under these Terms of Service or the Sales Agreement.
10.3 No waiver of any rights of MOPEDO under these Terms of Service shall be effective unless in writing and signed by MOPEDO’s legal representatives.
11 GOVERNING LAW AND DISPUTES
11.1 This Agreement shall be governed by Swedish Law.
11.2 Any disputes, controversies or claims arising out of or in connection with these Terms of Service or of the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Riles of the Arbitration Institute of the Stockholm Chamber of Commerce.
11.3 The arbitral tribunal shall be composed of a sole arbitrator. The place of the arbitration shall be Stockholm, Sweden. The language used un the arbitral proceedings shall be English.
11.4 Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
11.5 If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be modified and enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.