2. Copyright notice
2.1 Copyright (c) 2010 – present by Engage Mobile Solutions, LLC. 2.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and the material on our website are reserved. (b) all the copyright and other intellectual property rights in our website.
3. Licence to use website
3.1 You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) stream audio and video files from our website; subject to the other provisions of these terms and conditions. 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. 3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. 3.4 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website ; (b) sell, rent or sub-license material from our website; (c) exploit material from our website for a commercial purpose; or (d) redistribute material from our website except for social media where proper credit is attributed and reposting information on other website or blogs, where proper credit is given, as long as the redistribution is positive towards Engage Mobile Solutions, its owners, employees, clients and vendors. 3.5 Notwithstanding Section 3.4, you may redistribute our emails newsletter newsletters in print and electronic form. 3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not: (a) use our website in any way or take any action that causes, or may (b) use our website in any way that is unlawful, illegal, fraudulent or (c) use our website to copy, store, host, transmit, send, use, publish or (d) conduct any systematic or automated data collection activities (e) access or otherwise interact with our website using any robot, spider cause, damage to the website or impairment of the performance, availability or accessibility of the website; harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent; (search engines are allowed to index our sit) or other automated means; (search engines are allowed to index our sit) (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Your content: licence
5.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. 5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website. 5.3 You grant to us the right to sub-license the rights licensed under Section 5.2. 5.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2. 5.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. 5.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
6. Your content: rules
6.1 You warrant and represent that your content will comply with these terms and conditions. 6.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). 6.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, (d) infringe any right of confidence, right of privacy or right under data (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime[, instructions for the (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) [depict violence[, in an explicit, graphic or gratuitous manner];] (m) [be pornographic[, lewd, suggestive or sexually explicit];] (n) [be untrue, false, inaccurate or misleading;] design right, right in passing off, or other intellectual property right; protection legislation; commission of a crime or the promotion of criminal activity]; (o) constitute spam; (p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
7. Limited warranties
7.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available. 7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. 7.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 8.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 8.3 We will not be liable to you in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.4 We will not be liable to you in respect of any loss or corruption of any data, database or software. 8.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 8.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably anti-social, menacing, hateful, discriminatory or inflammatory. website; suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) contact any or all your internet service providers and request that (f) commence legal action against you, whether for breach of contract or (g) suspend or delete your account on our website. 9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10.1 We may revise these terms and conditions from time to time.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Third party rights
13.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. 13.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
14. Entire agreement
14.1 These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all they block your access to our website; otherwise; and/or previous agreements between you and us in relation to your use of our website.
15. Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with the laws of Missouri, USA.
16. Our details
16.1 This website is owned and operated by Engage Mobile Solutions. 16.3 Our principal place of business is at 118 N Conistor Lane, Ste B172, Liberty, MO 64048. 16.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected]
17.1 We may collect the following information: – name and job title – contact information including email address – information regarding requests – information based on your internet connection on browser 17.2 What we do with the information we gather: – We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: 17.3 Internal record keeping. – We may use the information to improve our products and services. – If you opt-in, we may send you emails regarding news and events. – We may periodically send emails about other organizations, events, products or other information which we think you may find interesting using the email address which you have provided.
18.1 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
19.1 A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. 19.2 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. 19.3 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
20. Links to other websites
20.1 Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
21. Controlling your personal information
21.1 You may choose to restrict the collection or use of your personal information in the following ways: 21.2 if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]. 21.3 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. 21.4 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [email protected]. 21.5 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.