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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
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:
- Post unlawful, harmful, or obscene content.
- Post fraudulent, deceptive, inaccurate or misleading information.
- Forge headers or otherwise impersonate someone.
- Post content you do not have the right to transmit.
- Post content that infringes on trademarks or copyrights.
- Post viruses or malicious scripts.
- Post spam or link bait.
- Stalk or collect data about others.
- Crawl content, scrape content or re-use content without permission from us.
- Use the FreshAiR Sites for file sharing.
- Use the FreshAiR Sites or our software for fraudulent, illegal or abusive purposes.
- Link to files on the FreshAiR Sites without a link to the original post.
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).
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.
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.
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.
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.
- 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
- 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
- Provide your contact information, preferably email and phone number
- 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."
- 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:
How to Contact Us