Mosio Privacy Policy + Terms and Conditions

Privacy Policy

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Mosio respects your privacy and is committed to protecting the personal information you share with us. This statement describes how Mosio collects and uses your personal information to provide services that you request or when you choose to provide us with your personal information.

Information Collection

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, occupation, industry, personal interests, and other information when needed to provide a service or product or carry out a transaction you have requested.

When you browse our website, you do so anonymously, unless you have previously registered with us. We do not automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have registered with us. Like many other commercial websites, the Mosio website may use a standard technologies, such as "cookies" and other HTML tools, to collect information about how you use the site or to record that you opened an email marketing message.

Mosio collects personal information when you register with Mosio for a Mosio Member account, when you use certain Mosio products or services, when you ask to be included in an email or other mailing list, or when you submit an entry for a sweepstakes or other promotions, or when you submit your personal information to Mosio for any other reason. From time to time, Mosio receives personal information from business partners and vendors. Mosio only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Privacy Statement and applicable laws.

Access to certain Mosio web pages requires a login and a password. Unless you request deactivation of your personal information as specified below, your personal information may be retained by Mosio to verify compliance with the agreement, log software licenses granted, track software downloaded from those pages, or track usage of other applications available on those pages.

Notice

When personal information is collected, we will inform you at the point of collection the purpose for the collection. Mosio will not transfer your personal information to third parties without your consent.

In most cases we will provide you with the opportunity to "opt in" prior to receiving direct marketing, email newsletter or market research information. This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted. At the very minimum, we will always give you the opportunity to "opt out" of receiving such materials. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Statement unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection.

Cookies and Other Tracking Technologies

A cookie is a small data file that certain websites write to your computer's hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Mosio's website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.

Some Mosio websites and HTML-formatted email newsletters may use web beacons in conjunction with cookies to understand user behavior. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on a visitor's computer, such as a visitor's cookie number, time and date of a page view, and a description of the page where the web beacon is placed. Some Web beacons may be unusable if you elect to reject their associated cookies. Mosio may also use customized links or other similar technologies to track email links that you click. We may associate that information with your personal information in order to provide you more focused email communications or purchase information. Each email communication includes an unsubscribe link allowing you to stop delivery of that type of communication.

If you prefer not to receive cookies while browsing our website or via HTML-formatted emails, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of Mosio's website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. You do not need to have cookies turned on, however, to use/navigate through many parts of our website, except access to certain of Mosio's web pages may require a login and password.

For additional information about cookies and other tracking technologies, including instructions for blocking their use, see http://privacy.getnetwise.org/browsing/tools/.

How Information Collected Is Used

Mosio uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our website, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research.

Information Sharing and Disclosure

Because Mosio is a global company, your personal information may be shared with other Mosio offices or subsidiaries around the world. All such entities are governed by this Privacy Statement or are bound by appropriate confidentiality and data transfer agreements.

Your personal information is never shared outside Mosio without your permission, except under conditions explained below. Inside Mosio, data is stored in security-controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Mosio, its subsidiaries, affiliates or agents are located.

Mosio may send your personal information to other companies or people under any of the following circumstances:

We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our websites.

Your Ability to Access, Update or Deactivate Your Information

If you are a registered user, you can review your personal information and make change requests by accessing http://www.mosio.com/. You may also request deactivation of your Mosio account or any of your personal information held by us by sending an email to . If you choose to deactivate your account, we will retain in our files some personal information you have requested to remove to prevent fraud, resolve disputes, troubleshoot problems, enforce our Terms of Use, respect your opt-out preferences, and comply with legal requirements as permitted by law.

Data Security

Your Mosio account information is password-protected for your privacy and security. Mosio safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, Mosio uses industry-standard SSL-encryption to enhance the security of sensitive data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Children and Privacy

Our websites do not target and are not intended to attract children under the age of 13. Mosio does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Third Party Sites

Mosio's website contains links to other sites. Mosio does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Our website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Mosio logo, even though they are not operated or maintained by Mosio. Although we choose our business partners carefully, Mosio is not responsible for the privacy practices of web sites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy statement of the third party website to determine how they will handle any information they collect from you.

Changes to this Privacy Statement

Mosio will amend this privacy statement from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site in this section or another.

Questions or Suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at .

This document was updated June 26, 2012.
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Terms and Conditions of Service

Terms and Conditions for Users and Customers of the Mosio Mobile Messaging and Mosio's Text a Librarian Service: By participating in a Mosio text chat, text to screen or alerts program, you agree that you are the primary owner of the phone number used.

Message and Data Rates May Apply.
You may unsubscribe from a program at any time by texting STOP to 66746. For additional help, you can text HELP to 66746, email support((at))mosio.com or call 877.667.4699. Although frequency varies by program, you should receive no more than 4-8 messages per month unless you are actively texting in (“inbound texting”) as part of the service. Mosio's short code is 66746, supported by the following mobile carriers: Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, Cox Wireless, Cellular South, Centennial Wireless, Cricket Communications, Illinois Valley Cellular, Immix Wireless, Inland Cellular, MetroPCS, Nextel, Pioneer Cellular, Sprint, T-Mobile, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless. Mosio's service may not be compatible with all mobile devices. SMS connectivity provided through Tatango, Inc.

These terms of service apply to individual users. By using the Service and associated Mosio mobile features, you agree to the Terms of Service listed below (the “Terms”).

General Use
The Mosio service consists of mobile request features, online and mobile messaging and information aggregation and delivery services that make available information, data, text, messages and other materials from a wide variety of sources, including the Internet, individuals and third party sources (the “Service” or “Services”). Third party sources that make such information and materials available are referred to herein as “Clients.” You understand that this Service is available for your personal use only. The Services are intended solely for users who are thirteen (13) years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms.

Service Limitations
You agree that Mosio, in its sole discretion, may establish general practices and limits concerning use of the Service. You agree that Mosio has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Mosio reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Mosio' sole discretion.

Use of Information
A Client's program may ask you to provide personally identifiable information to participate in that program. By providing that information you agree that Mosio may store the information you provide and that the Client may use the information for that program and for future programs hosted by that Client. Mosio will not sell this personally identifiable information with other Clients or Third Parties. Mosio obtains information regarding your wireless services provider (“mobile carrier”) through your mobile phone number.

Clients may ask you to submit information about yourself if you have specifically opted-in to receive communications from such Clients. If you choose to submit information, Clients may use this information and may share such information with third parties and should notify you of their intentions and activities.

User Content, Client Content and Prohibited Activities
All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. As a User, you are responsible for the Content that you send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Mosio website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Mosio does not control the Content posted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Mosio and any of its Clients have the right to use, edit, reproduce, distribute, display, or perform any Content you submit to the Service in any manner whatsoever. Under no circumstances will Mosio be liable in any way for any Content.

You agree that you will not use the Service to send, post, upload, transmit or otherwise make available any Content:

- That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- That is fraudulent, deceptive or illegal;
- That contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;
- That bullies, harasses, advocates or encourages harassment of another person;
- That you do not have legal rights to make available under any law or under contractual or fiduciary relationships;
- That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;
- That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;
- That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses;
- That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment;


You agree that you will not use the Services to:
- Harm, scare or threaten anyone in any way;
- Impersonate any person or entity; or
- Falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service;
- Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law;
- Provide support, information or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization pursuant to section 219 of the Immigration and Nationality Act;


You acknowledge, understand and agree that Mosio may access, store and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights or content of third parties; (d) respond to customer service requests; or (e) protect the rights, property or personal safety of Mosio, its users, Clients and the public.

Moderation of Content
You acknowledge, understand and agree that Mosio, its designees and Clients shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by Mosio or submitted to Mosio for quality or accuracy.

Use of Mosio's Service
For all Mosio programs:
Message and data rates may apply.
Text STOP to 66746 to opt out of a program at any time.
Text HELP to 66746 for more information.
For support, email support((at))mosio.com

Intellectual Property
Mosio respects copyright law and we expect our users and Clients to do the same. Unauthorized copying, distribution, modification, display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holder rights. As a condition of your usage with Mosio, you agree that you will not use the Service to infringe the intellectual property rights of other people or entities in any way. Mosio reserves the right to terminate the account or usage of a user or Client upon any single infringement of the rights of others in conjunction with use of the Mosio Service, or if Mosio believes that conduct of the user or the feed is harmful to the interests of Mosio, its Clients, partners or other users, or for any other reason in Mosio' sole discretion, with or without cause.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Mosio will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Mosio. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Development Team at support((at))mosio.com.

Warranties Disclaimer
THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IT ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MOSIO, ITS CLIENTS AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOSIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. MOSIO, ITS CLIENTS AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. MOSIO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOSIO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MOSIO SERVICES, AS WELL AS FOR ANY INFORMATION, DATA OR ADVICE RECEIVED THROUGH VIA THE SERVICE INCLUDING LINKS TO SAID INFORMATION, DATA OR ADVICE.

If you use the Service to purchase or otherwise engage in direct transactions with Clients, all such transactions shall be governed by the terms and conditions entered into with such Client. Under no circumstances shall Mosio have any responsibility or liability therefore. If you believe that a Client is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the CTIA Wireless Association, Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to Mosio.

YOU UNDERSTAND AND AGREE THAT YOU CLICK ON, DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, COMPUTING DEVICE, AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOSIO, ITS CLIENTS OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MOSIO SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, PURPOSEFUL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, (EVEN IF MOSIO OR ITS CLIENTS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MOSIO SERVICES, FROM INABILITY TO USE THE MOSIO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOSIO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOSIO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOSIO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOSIO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOSIO SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MOSIO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOSIO SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Additional Limitations of Liability
Without limiting the foregoing, under no circumstances shall Mosio, its Clients or its licensors be held liable for any delay, outage or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Updates and Changes to our Terms and Conditions
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.

Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Mosio.

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Privacy Policy
The Mosio Privacy Policy is listed at the top of this page. You acknowledge that you have read, understand and agree to be bound by Mosio's Privacy Policy.

Last Updated: June 26, 2012