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Terms of Service

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Your use of this website (www.playfreshair.com) and other sets to which you may be linked or forwarded within the playfreshair.com domain (collectively, the "FreshAiR Sites") are subject to the following Terms of Use. By accessing or utilizing these sites you agree to these Terms of Use and our Privacy Policy, which is incorporated by reference herein. These terms and the privacy policy may be changed from time to time by posting here or other page linked to from the homepage (www.playfreshair.com), so please check periodically to ensure you understand the terms covering your use of the FreshAiR Sites.

The FreshAiR Sites are owned and operated by MoGo Mobile, Inc. (and the terms "we" and "our" as used herein refer to such company).

What We Provide

FreshAiR™ is an augmented reality development platform. The beauty of FreshAiR is in its powerful software allowing AR developers to intuitively create and customize robust augmented reailities for their users, and to make these realities easy for users to access and use.

Use of the FreshAiR software and applications will be governed by the terms of an end user license agreement (a "EULA") which will be agreed to at the time of purchase, download or use (in some cases, as part of your interaction with apple's App Store or other software application marketplaces).

Please note that, other than purely billing information (i.e., credit card numbers) any information you post to a FreshAiR Site (whether directly through our site, via links with other social networking websites) may become instantly publicly viewable and you should not submit information that you consider confidential.

Who Our Websites Are for

Use of the FreshAiR Sites is available to all persons age 13 and over who agree to and comply with these Terms of Use. They may not be used for purposes not in accordance to local law.

Allowable Content and Use

Our user participation areas (including blogs, forums, comment and reply areas, and posting from other social media sites) are an easy way to share your personal activities, thoughts and comments on others' activities relating to the FreshAiR Sites and our products. We want to keep it a safe, fun, friendly place, and that means a few rules. You may NOT:

Rights Reserved

We reserve the right to filter any content posted and remove objectionable posts in our sole discretion without notice. We may also cancel accounts for users who violate the Terms of Use.

To protect your privacy and security, we may take reasonable steps to verify your identity before granting access or permitting you to take certain actions with regard to the FreshAiR Sites. The main form of identity management is your e-mail address. Please always use a valid and up-to-date e-mail address.

While we have the right to monitor activity and content associated with the FreshAiR Sites, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any User Content (defined below) to the FreshAiR Sites. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the FreshAiR Sites, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Support Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the FreshAiR Sites.

We also reserve the rights to resell third party services or allow third party services to advertise or post on the FreshAiR Sites from time to time. These services are provided by another company and we make no guarantees or warranties on them.

We reserve trademark rights (see below) and all copyright in the FreshAiR Sites (other than some types of User Content, for which the submitter will retain copyright and we will receive a license as described below).

User submissions

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by us ("Content") or by you or other users to the FreshAiR Sites ("User Submissions") is owned by the party contributing such content, subject to our rights to display and use such content as provided herein. As a user of the FreshAiR Sites, you are solely responsible for your own User Submissions. By transmitting your User Submissions to a FreshAiR Site by direct entry, from posting on other social networks or otherwise you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to us you grant us the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display, produce, aggregate and otherwise use the material in connection with the FreshAiR Sites and our line of business (including in marketing or informational materials derived therefrom), but solely in accordance with these Terms of Use and our Privacy Policy. To the extent you do not have ownership rights to any of your User Submissions, you shall, and hereby do, indemnify us for any claim regarding our use of your User Submissions.

Disclaimers

Our services and information on the FreshAiR Sites are provided as-is, and we don't warrant or represent the accuracy, continued availability or completeness of our Content or services. We do not undertake any obligation to update information so provided. In addition, some or all of our pages and/or services are currently in 'beta' stage and may contain bugs, errors and mistakes causing the services not to work, or to work other than as intended. We expressly disclaim each and every warranty, implied or express, including without limitation any warranty of merchantability or fitness for a particular purpose.

When using the FreshAiR Sites, you may be exposed to User Submissions from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent or objectionable. You understand that all information publicly posted or privately transmitted through the FreshAiR Sites or on linked pages is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the FreshAiR Sites. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe.

We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

Indemnity

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless MoGo Mobile, Inc., its directors, officers, employees, agents, subsidiaries, affiliates and other partners, and successors and assigns from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the FreshAiR Sites; (ii) unauthorized access to or alteration of your communications with or through the FreshAiR Sites; or (iii) any other matter relating to the FreshAiR Sites. Any business transactions which may arise between users from their use of the FreshAiR Sites are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $50.00.

Trademarks

FreshAiR, the FreshAiR leaf logo, the tagline "Create Your Own Reality" and other logos and names throughout the FreshAiR Site are trademarks or service marks of Mogo Mobile, Inc. You agree not to display or use these trademarks in any manner without our prior written permission.

Digital Millennium Copyright Act

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected site so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied
  2. Identify the material that is infringing on the work in item #1. This means the link to a FreshAiR Site with the material on it
  3. Provide your contact information, preferably email and phone number
  4. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

DMCA Complaints
MoGo Mobile, Inc.
401 7th Street
Radford, VA 24141

How to Contact Us

Should you have other questions or concerns about these Terms of Use, please send us e-mail at support@playfreshair.com.

Miscellaneous

You will not attempt to reverse engineer, decompile or otherwise reconstruct our software code, whether the code relating to our websites or our products and services, and you agree not to re-face or link to any FreshAiR Site within a frame in a manner designed to represent or imply that any of our products or services are your or another third party's product or service. These Terms of Use and any claims arising out of or related to use of the FreshAiR Sites or any of our products or services shall be governed by the internal laws of the Commonwealth of Virginia (without regard to the choice-of-law or conflict-of-law provisions of any jurisdiction). Any and all such claims shall be heard in the State Courts of Virginia located in Montgomery County, Virginia or the Federal Courts for the Western District of Virginia located in Roanoke, Virginia, which shall be the sole and exclusive venue for litigation arising out of these Terms of Use or use of the FreshAiR Sites, products or services. You agree to personal and subject matter jurisdiction of such courts and hereby waive any challenge to such jurisdiction based upon forum non conveniens or the like. You agree that we may move such exclusive venue by updating these terms, including in connection with a change in our headquarters or acquisition by third party. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to support@playfreshair.com.