MobileActive.org

Terms and Conditions

Date of Last Revision: July 2011

I. INTRODUCTION

A. Mission and Purpose

Welcome to MobileActive.org (“Site”), a website provided to you by MobileActive Corp ("MobileActive” “we,” “us,” and “our”). MobileActive.org is an interactive site, social network, and community for people and organizations to exchange knowledge and ideas, locate resources, and learn about the use of mobile technology for social change and social development. 

We welcome individuals and eligible organizations (“Users,” “you,” “your”) that in some way use or want to use mobile technology for social change. 

B. Scope and Intent

These Terms and Conditions of Service (“Terms and Conditions”) govern your use of the Site and its Services. You should carefully read the Terms and Conditions before using the Site or its Services. You should also regularly review these Terms and Conditions as we may change them from time to time. You can review the most current version of the Terms and Conditions at any time through the link at the bottom of any page of this Site or at http://mobileactive.org/termsofuse

C. Services Eligibility

By registering on MobileActive.org to become a member or by accessing the Site or any of its Services, you agree that:

• if you are an individual over 13 years old;
• if you are an organization, you are a nonprofit or community organization, a social enterprise, or a government agency (other than a military or intelligence agency).
• all site users, whether representing themselves as an individual or an organization, must agree not to engage in violence, illegal activity, discrimination, or hate.

By accessing the Site or any of its Services, regardless of whether you register on MobileActive.org as a member, you agree to enter into a legally binding agreement with us to comply with these Terms and Conditions and our Privacy Policy (the“Agreement”). If you do not agree with these Terms and Conditions or our Privacy Policy, you should not use, register for, access, or view the Site or any of its Services.

D. Services Offered

We a collection of services on or through this Site to help connect people and organizations around the world (the “Services”). These Services include, without limitation:

MobileActive's mDirectory. The mDirectory contains information about (i) organizations and projects using mobile technology for social change; and (ii) case studies, tools and research relating to mobile technology in social change work. 

As a user of the Site, you can submit such information that can be posted on the Site and stored in the mDirectory.

Anyone can search and access the mDirectory for information about member organizations and listings. Searches can be narrowed or expanded by adding and removing search terms, and/or by clicking on field values suggested by our system. More specific search query terms can be included to conduct more advanced searches. 

MobileActive's Individual Database. The Individual Database contains information voluntarily submitted by individual Users that includes personal information. If you are an individual, you may create and submit a user profile to be stored in the Individual Database. Anyone can search and access the Individual Database to find people based on name, location, and other keywords. We offer preference settings for you to control the visibility of most of your information so that only Users you approve will have access to your information through such searches. You can also use the Message Center to send, reply, delete, and view messages to/from other members; and read and write comments on MobileActive.org content.

II. YOUR RIGHTS AND OBLIGATIONS

These Terms and Conditions define the obligations that you agree to adopt in exchange for the right to use our Site and Services.

A. Applicable Laws and this Agreement

You agree to comply with all applicable laws, these Terms and Conditions, and our Privacy Policy.

B. Content and Ownership

Some of the content made available by MobileActive.org is generated and posted by Users of the Site. We consider it to be the responsibility of all Users of the Site to help make it a safe and trusted place.

Therefore, each User owns and is responsible for the content that s/he posts on our Site, including information that s/he publishes and makes available for other Users to view.

Representations and Warranties. By posting content on our Site, you represent and warrant that:

• You are entitled to submit the content;
• The information is accurate;
• The information is not confidential;
• The posting of the information is not in violation of any applicable laws, contractual restrictions or other third party rights.

It is solely your responsibility to ensure the accuracy of your profile and submitted content and to update that information as appropriate.

License and Use of Content. All of the information that you publish on the Site reaches thousands of registered Users through the Site. This information may also be accessed by individuals not registered on the Site when, for example, they receive information forwarded to them by someone else or if you make such information visible to all Internet users.

In order for you to share your information with others, MobileActive needs your permission to reproduce your information on or through this Site. Therefore, under these Terms and Conditions, by submitting, posting or displaying any content to or on this Site, you agree to grant MobileActive a non-exclusive, worldwide, assignable, sub-licensable, and royalty-free right that permits us to copy, distribute, publish, remove, retain, and use your content or information without any further consent, notice or compensation for the sole purpose of enabling MobileActive to provide you with its Services in accordance with its Privacy Policy.

Additionally, with the objective of reaching more people and facilitating connections, you hereby grant MobileActive.org the right to share published information from our Sites with other sites with which we have partnerships. Information published on our Site may become public information at the time of its distribution on other sites, via email alerts, RSS feeds, search engines, and other social media tools.

Furthermore, by submitting or posting content on the Site, you agree to provide other users with a Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License governing such content, which is incorporated by reference herein and can be read in full at http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode. You also agree to comply with the terms of this license when using other Users’ content. This license permits Users to download and share content from this Site, provided that they properly attribute the work to the author, do not alter it in any way, and do not copy or use the work for commercial purposes. Finally, MobileActive will grant Users the same Creative Commons Non-Commercial No-Derivatives 3.0 license to use any content it may own and that is available on the Site, provided such use is consistent with other provisions of these Terms and Conditions.

User-to-User Communication and Sharing. The Site includes various blogs where you can post your observations and comments on designated topics. We cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site.

We are not responsible for a User’s misuse or misappropriation of any content or information that you post in any forums, blogs, and other sections of the Site.

Content Removal. To ensure the quality and appropriateness of our site content, we reserve the right to remove any content for any reason, including violations of these Terms and Conditions, this Agreement, or any applicable laws (including laws protecting the safety of others, intellectual property laws, and employment laws).

Our staff receives a notice each time content is posted and that content may be immediately removed from the website. We then determine whether the reported content does in fact violate our mission or terms of use, and will take appropriate action to resolve the issue, the nature of such action depending on the particular circumstances at issue. Users who feel that their content has been removed in error may contact us here. Under certain conditions, we may, at our discretion (but under no obligation), restore deleted material, or contact the offending user to request changes, amendments, or deletion of their content.

You may request that MobileActive.org delete any information or content that you have provided on the Site. However, we have no control over your shared information. Therefore, we are unable to delete any information you have shared with others that they have subsequently copied or stored (see User-to-User Communication and Sharing).

C. Do!

As a condition to access and use the Site and Services of MobileActive.org, you agree to undertake the following:

• comply with all applicable laws, including without limitation, privacy laws, employment laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
• provide accurate information to us and update it as necessary;
• review and comply with our Privacy Policy;
• review and comply with these Terms and Conditions;
• review and comply with notices sent by MobileActive.org concerning the Site or Services;
• use the Site and its Services in a professional, courteous, and friendly manner. 

D. Don’t!

As a condition to access and use the Site and Services of MobileActive, you agree not to do the following:

• use the Site or Services for any purpose or in any manner that violates any United States local, state or federal law or regulation or that violates the law or regulation of any foreign government;
• submit, upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, and/or racially, ethnically, or otherwise offensive;
• submit, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” or any other potentially objectionable form of unsolicited communication;
• submit, upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity;
• submit, upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security or other ID numbers, passwords, or other similar information;
• submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities;
• use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers; or
• disrupt or interfere (either directly or indirectly, intentionally or unintentionally) with the Site or Services in any manner that may materially adversely affect MobileActive, you or any third party;
• collect or store personal data with respect to third parties, except as contemplated by the Terms and Conditions, and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
• impersonate another person or entity, including without limitation, a representative of MobileActive Corp or its officers, directors, employees or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Site or Services;
• attribute any political content, advertisement or endorsement favoring a political party, political organization or political candidate to MobileActive Corp or any of its officers, employees, volunteers, or directors.

E. Registration and Security

To use certain Services, you must register with the Site and provide certain personal information. You must also establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. It is your responsibility to notify MobileActive.org (by one of the methods listed in Section IX) in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Site or its Services. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

F. Privacy

You should carefully review our full Privacy Policy which is incorporated by reference herein, before deciding whether to become a User. The Privacy Policy lays out in detail our policy regarding the use and storage of your information. By using the Site, you agree to the terms and practices of the Privacy Policy. You also acknowledge that any submission of personal information, data, photos, statements, or other content is done so voluntarily.

G. Payment

When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. Fees may change from time to time without notice.

All fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with our Sites and Services in a timely manner with a valid payment method.

All fees paid will be non-refundable in the event that content is removed from the Site or your account is suspended or terminated for violating the Terms and Conditions.

H. Indemnification

You agree to hold harmless and indemnify MobileActive Corp and its affiliates, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any content therein, and (b) any use of the Site or Services that violates the Terms and Conditions.

I. Notify Us of Acts Contrary to this Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you hereby agree to contact us using one of the methods listed in Section IX and to provide us with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least 30 days before you act contrary to this Agreement. Although we are not obligated to do so, we may consider alternative solutions to the situation.

J. No Resale of Services

You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.

K. Right to the Site and Services

In compliance with the Terms and Conditions of this Agreement and all applicable laws, MobileActive Corp grants you a limited, revocable, nonexclusive, and nonassignable right to access and view the information and use the Services that we provide on our Site. 

Any other use of MobileActive.org contrary to our Mission and Purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including (but not limited to) title, ownership, intellectual property rights, and all other rights and interest in MobileActive.org and all related items.

III. OUR RIGHTS AND OBLIGATIONS

A. Services Availability

For as long as MobileActive Corp provides this Site and its Services, it shall seek to update, improve and expand the Site and its Services. We reserve the right to add to or change the Site and Services offered, including any terms, conditions, and fees associated with the Site and Services; We also reserves the right to cease to offer any or all of the Site and Services at any time. All of these changes shall be effective upon their posting on our Site or by direct communication to you, unless otherwise noted. As a condition of using the Site and Services, you agree that MobileActive Corp will not be responsible for any loss of your content or other liability if the Site or any of its Services are modified or discontinued.

We also reserve the right to withhold, remove and/or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to this Agreement. We have no obligation to store, maintain or provide you with a copy of any content that you or other Users provided when using the Site or its Services.

B. Third Party Links

The Site may include links to other Internet websites. You acknowledge and agree that such links are provided for your convenience and do not reflect an endorsement by MobileActive Corp of the quality, reliability, or any other characteristic or feature of any such linked site. MobileActive Corp is not responsible in any manner (including but not limited to any loss or injury you suffer as a result of using the linked site) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon.

We make no representations or warranties with respect to any linked site. Your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions and privacy policies applicable to that site.

C. Disclosure of User Information

In certain limited circumstances, MobileActive Corp may disclose your personal information if required by law or to enforce the Terms and Conditions of this Agreement. By using the Site, you hereby acknowledge, consent and agree that we may access, preserve and disclose your registration information and any other information that you provide for the reasons set forth in our Privacy Policy..

E. Connections and Interactions with Other Users

You are solely responsible for your interactions with other Users. We may limit the number of connections you may have to other Users. We also may, in certain circumstances, prohibit you from contacting other Users through use of the Site or its Services or otherwise limit your use of the Site and its Services.

IV. DISCLAIMER

The use of the Site and its Services is solely at your own risk. The Site and its Services are provided on an “as is” and “as available” basis. MobileActive Corp expressly disclaims all warranties of any kind with respect to the Site and its Services, whether expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

MobileActive Corp makes no warranty that the Site or Services will meet your requirements; that they will be uninterrupted, timely, secure, current, accurate, complete, or error-free; or that the results that may be obtained by use of the Site or Services will be accurate or reliable. MobileActive Corp is not responsible for disclosing or verifying the identity of any Users. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Services is to cease to use the Site or Services. You may have other rights, which may vary from state to state.

Additionally, since some information may not be appropriate or satisfactory for your use, you should verify all information before relying on it. Any decisions made based on information contained in the Site, including information received through use of the Site or Services, should be used at your own discretion.

V. LIMITATION OF LIABILITY

Users who publish personal information or information regarding their organization on this Site understand the risks they are exposing themselves to by sharing their information and making it public. It is possible that some people or organizations that are not affiliated with our Site will take this information from MobileActive Corp and contact you with inappropriate messages.We are not responsible for damages caused by inappropriate use of the information published by Users. As mentioned above, we can only remove information from the Site or limit a User’s privileges, but we are unable to take action beyond this Site.

You expressly understand and agree that MobileActive Corp shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if MobileActive Corp has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the Site or Services; (ii) any link provided in connection with the Site or Services; (iii) your reliance on any portion of the Site or Services; (iv) the interruption, suspension or termination of the Site or any Services hereunder; (v) the timeliness, deletion, misdelivery, or failure to post or store any information; and/or (vi) any matter otherwise related to your use of the Site or Services. 

MobileActive Corp is not involved in the relationship between individual members and organizations. If you have a dispute with another individual or organization, you understand that MobileActive Corp is not required to assist you in the dispute. You hereby agree to release MobileActive Corp from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the Site and its Services. You understand that the Site and its Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Site and its Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Site and its Services.

We are also not responsible for the behavior of individuals or organizations outside of the Site, as a part of society. MobileActive Corp can only safeguard and seek to assure the good conduct of Users on the Site. Our intervention is limited to provide a space to publish information and thus generate connections.

VI. TERMINATION

A. Mutual Rights of Termination

You acknowledge that MobileActive Corp may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service; the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service; and the frequency with which you may access the Service.

MobileActive Corp may add to, change, delete, or terminate your use of the Site or Services at any time for any reason without notice to you. MobileActive Corp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. MobileActive reserves the right to refuse to offer the Site or Services to anyone at any time without notice.

MobileActive Corp additionally reserves the right to remove accounts that have been inactive for a prolonged period of time. We reserve the right to modify these general practices and limits at any time, at our discretion, without notice.

B. Misuse of the Services

MobileActive Corp may restrict, suspend or terminate the account of any User who abuses or misuses the Site or Services. Misuse of the Site or Services includes, but is not limited to: abusing the MobileActive Corp messaging services; creating multiple or false profiles, including misleading representations; using the Site or Services commercially without MobileActive Corp’s permission; posting inappropriate or illegal content; infringing any intellectual property rights; or behaving in any other way that MobileActive Corp, in its sole discretion, deems contrary to its purpose.

In addition, MobileActive Corp has adopted a policy of terminating accounts of Users who, in MobileActive Corp's sole discretion, are deemed to be repeat infringers under the United States Copyright Laws.

VII. GENERAL TERMS

A. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. Further, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected in any way and shall remain in full force and effect.

B. Language

Where MobileActive Corp may have provided you with a translation of the English language version of the Agreement, the Privacy Policy and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service, will govern your relationship with MobileActive Corp.

C. Amendments to this Agreement

We reserve the right to revise the Terms and Conditions of this Agreement at any time. Because we are constantly adding to the Site and its Services, your access to MobileActive.org is governed by the Terms and Conditions and Privacy Policy as they may exist and are available on any given day. If such changes are made, MobileActive Corp will post the revised Terms and Conditions on the Site.

We encourage you to review this Agreement periodically. If you continue to use this Site after the announcement of the revised Agreement, you will be deemed to have agreed to the changed Terms and Conditions and/or Privacy Policy. 

D. No Informal Waivers, Agreements or Representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, only representations, statements, consents, waivers, or other acts or omissions documented in writing and hand-signed by a duly appointed officer of MobileActive shall be legally binding on MobileActive Corp.

E. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation (effective upon notice to you), MobileActive Corp for any third party that assumes our rights and obligations under this Agreement.

F. Choice of Law

You and MobileActive Corp agree that this Agreement and the relationship between you and MobileActive Corp will be governed by the laws of the State of New York without respect to its conflict of laws provisions, and that venue with respect to any dispute between you and MobileActive Corp will rest exclusively in the courts of New York City and the federal court for the District Court of the Southern District of New York. By using the Site, you also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services, or the Terms and Conditions must be filed within one year after such claim or cause of action arose.

VIII. COPYRIGHT ISSUES

All of the content and Services that are owned by MobileActive Corp and third parties is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. Any intellectual property on the MobileActive website, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior permission of MobileActive Corp, except that such permission shall exist for those Users abiding by the terms of the Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License. Modification or use of content for any other purpose is a violation of the rights of MobileActive Corp or any applicable third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of MobileActive Corp or of third parties, other than those expressly granted in these Terms and Conditions.

MobileActive Corp reserves the right to terminate your use of the Site or Services in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), MobileActive's designated agent for notice of alleged copyright infringement in connection with the Site is:

Katrin Verclas, MobileActive Corp

121 W 27th Street, Suite 702
New York, NY 10001

To file a notice of infringement with MobileActive, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright.

IX. QUESTIONS AND CONCERNS

Should you have any questions or concerns about the terms of this Agreement, you may contact us in the following ways:

• By email: contact@mobileactive.org
• By telephone: +1 347 281 7191
• By mail: 121 W 27th Street, Suite 702, New York, NY 1001