Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (AS DEFINED BELOW) OFFERED BY Mobile Fringe Inc. (“COMPANY,” “WE,” “US,” “OUR”). BY CLICKING ON THE “LOGIN IN” BUTTON PRESENTED WITH THIS AGREEMENT (IF APPLICABLE), VISITING THE WEBSITE OR USING ANY SUCH SERVICES IN ANY MANNER, YOU OR THE ENTITY OR COMPANY YOU REPRESENT (“YOU”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND TO BECOMING A PARTY TO THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ACCESSING THE WEBSITE OR ANY OF SUCH SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IN ADDITION, THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD, AND THEREFORE, IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR ANY OF SUCH SERVICES.

 

1.ACCESS TO THE SERVICES.   The http://www.mallmaverick” website and any other linked pages, features, content, or application services (including without limitation any mobile application, digital directory, and newsletter services) offered from time to time by Company in connection therewith (collectively, the Website”, “Mobile Application”, “Digital Directory”, “Newsletters Services”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may also offer to provide certain services, as described more fully on the Website, and that have been selected by you (the Services”), solely for your own use, and not for the use or benefit of any third party. Company will use commercially reasonable efforts to provide the Services. Company may provide the Services to you directly, or indirectly using contractors or other third party vendors or service providers. Company may change, suspend or discontinue any of the Services at any time, including, without limitation, any feature, provided that Company will not discontinue any material Service without providing at least 30 days’ notice to you via email, through a posting on the Website or otherwise. Company may change the terms and conditions of this Agreement at any time, as we reasonably deem appropriate. You should look at this Agreement regularly. Upon any change in this Agreement, Company will notify you by email or post the amended agreement on the Website with notice of the changes. Changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted or communicated to you. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following such notification shall constitute your affirmative acknowledgement of the changes and your agreement to abide and be bound by the Agreement, as amended. If at any time you choose not to accept the Agreement, including following receipt of notification of any changes hereto, then please terminate your subscription to the Services by contacting Support ().
 

2.OBLIGATIONS AND RESTRICTIONS.   You represent and warrant to Company that: (i) all registration information you submit is accurate and truthful and (ii) you will maintain the accuracy of such information. You also certify that you take full responsibility for the selection and use of and access to the Services.  Company may impose limits on certain features and services or restrict your access to parts or all of its services. You agree to utilize the Services in accordance with the terms and conditions of the applicable Service plan agreed to by you and Company, which may impose limits on, for example, the amount of tracked data recorded or the number of Service users (the Plan”). Your use of the Services is limited to the number of end users (Users”) or not limited as specified in your Plan. Your master administrative user (the ”) may appoint the number of Users specified in the Plan and determine what feature permissions to grant to each such User, provided that the aggregate use of the Services by all Users and the Manager may not exceed the maximum limits (if applicable) as specified in your Plan. You shall be responsible for any breaches of this Agreement by your Manager and Users. In addition, you shall take full responsibility and liability for the security of each of your user names and passwords (including, without limitation, those assigned to your Manager and Users), and you shall be solely responsible for all use of the Services through such user names and/or passwords. You agree to immediately notify Company of any unauthorized use of any of the Services or any other breach of security known to you. You shall obtain and operate all Systems (as defined below) needed to connect to, access or otherwise use the Services, and you shall provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Services, and you shall   maintain the integrity and security of your Systems (physical, electronic and otherwise). For the purposes of this Section, Systems” means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by you.  You warrant, represent and agree that you will not contribute any Submissions (as defined below) or otherwise use the Website or any Services in any manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) is in any way related to sending or tracking unsolicited commercial mail or spam; or (vii) unreasonably interferes with use of the Services by any other Company customers. Company reserves the right to remove any Submissions or Content (as defined below) from the Website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submissions or Content or if Company is concerned that you may have breached the immediately preceding sentence). You acknowledge and agree that you determine, in your sole discretion (through your account settings or otherwise), the Submissions that are provided to the Company by you and the Email Analytics Data (as defined below) that is collected or generated through your use of the Services, and as a result, You, and not the Company, assume all risks associated with providing such Submissions and collecting or generating such Email Analytics Data. Except as set forth in this Agreement, you agree to indemnify and hold the Company harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of any of your Submissions or Email Analytics Data in connection with the provision of Services. You agree to create archival copies or backup copies of all of your Submissions and Analytics Data, as applicable. You warrant, represent and agree that you possess all rights necessary to provide the Submissions that you provide and to grant the licenses that you grant to the Company and to direct the Company to collect or generate the website and Email Analytics Data on your behalf (if applicable). Additionally, you shall not (directly or indirectly) or permit any third party to: (i) interfere or attempt to interfere with the proper working of the Website, any Services or any activities conducted on any of the Services; (ii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape”, ” or in any way gather information, content or other materials from the Website or reproduce or circumvent the navigational structure or presentation of the Website; (iii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (iv) use any of the Company’s confidential information to create any software, documentation or service that is similar to any of the Services or any documentation provided in connection therewith; (v) modify, translate, or otherwise create derivative works of any part of the Services, or (vi) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of the Company, unless otherwise expressly permitted by your subscription PLAN.
 

3., WEBSITE, AND EMAIL ANALYTICS DATA.   The Website, the Services, and their content are intended solely for your personal or business use and may only be used in accordance with the terms of this Agreement. All data, materials and information that may be displayed or performed on, accessed through, contributed to, or generated through the Services including, but not limited to text, graphics, software, scripts, sounds, music, videos, audiovisual combinations, interactive features, articles, photographs, images, illustrations (also known as the ” are (as defined below) of third parties) are protected by copyright and/or other intellectual property rights. You shall abide by all copyright notices, trademark rules, restrictions and other information contained in any Content accessed through the Website or Services, and you shall not use (except as otherwise expressly permitted in this Agreement), copy, reproduce, modify, create derivative works based on, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content.  Mobile Fringe, Mall Maverick, Newsletter Maverick, Retail Mavericks, and all other trademarks, service marks, graphics and logos used in connection with the Website and/or Services are trademarks or registered trademarks of the Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and/or Services may be the trademarks of third parties.  In the course of using the Services, you and other users may provide, directly or indirectly, information which may be used by Company in connection with the provision of the Website and/or Services. You understand that you may upload or otherwise provide to Company an email design or test email (Email Submissions”) in order to use parts of the Services. Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such WEBSITE or Email Submissions (including all related intellectual property rights) solely in connection with performing for you or providing to you the Services. Company agrees to use its best efforts to maintain Email Submissions as confidential and to prevent disclosure of any such Email Submissions to third parties that are unauthorized to receive such Email Submissions.  In addition, you understand that you may, in your sole discretion, post information or other content to the Website Forum, as defined below (Forum Submissions”). If you choose to post any Forum Submissions, Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display such Forum Submissions (including all related intellectual property rights).  Furthermore, in the course of using the Services, you understand that you may authorize Company to collect data about the email messages that you send, including, without limitation, data related to how recipients of your email messages interact with such email messages (Email Analytics Data”). Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such Website and Email Analytics Data (including all related intellectual property rights) solely in connection with performing for you or providing to you the Services. In addition, Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display your Website and Email Analytics Data (including all related intellectual property rights), only as aggregated with other customer Email Analytics Data in a manner that does not contain personally identifiable information, to improve and/or market the Website and/or Services. Company will only share your personally identifiable information in accordance with Company’s Privacy Policy in effect from time to time and posted on the Website at www.mobilefringe.com/privacy. Without limiting Company's rights to use your Website and Email Analytics Data as provided above in an aggregated, non-personally identifiable form, Company agrees to use its best efforts to maintain your standalone Website and Email Analytics Data as confidential and to prevent disclosure of any such standalone Website and Email Analytics Data to third parties that are unauthorized to receive such data. For clarity, the foregoing license grants to Company do not affect your ownership of or right to grant additional non-exclusive licenses to your Email Submissions, Forum Submissions (together, Submissions”), or Email Analytics Data, unless otherwise agreed in writing. Notwithstanding the foregoing, any license granted in this Agreement includes the right of the Company to use any Submissions or Website and Email Analytics Data to comply with any legal, regulatory or similar requirement or investigation.
 

4.WARRANTY AND WARRANTY DISCLAIMER.   Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you or others access via the Services; what effects the Content, Submissions, Website Analytics or Email Analytics Data may have on you; how you may interpret or use the Content, Forum Submissions of third parties, Website Analytics or Email Analytics Data; or what actions you may take as a result of having been exposed to the Content, Forum Submissions of third parties, or Email Analytics Data. You release Company from all liability for you having acquired or not acquired Content, Submissions, or Email Analytics Data through the Website or Services. Company makes no representations or warranties concerning any Content, Submissions, Website Analytics or Email Analytics Data. Without limiting the foregoing, Company does represent and warrant that to its knowledge, the Services do not infringe on the intellectual property rights of a third party. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SENTENCE, THE SERVICES, CONTENT, FORUM SUBMISSIONS OF THIRD PARTIES, WEBSITE ANALYTICS, EMAIL ANALYTICS DATA, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

5.Mobile Fringe Privacy Policy

PRIVACY POLICY.   For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy at http://www.mallmaverick.com/pages/home-privacy-policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.

6.INDEMNITY.   You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website or any of the Services, use of the Website or any of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, except to the extent such claim or demand arises from any breach by Company of its warranty.
 

7.LIMITATION OF LIABILITY.   EXCEPT IN CONNECTION WITH AMOUNTS OWED PURSUANT TO THE INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT AND ANY BREACHES OF SECTION 2 (OBLIGATIONS AND RESTRICTIONS) OR THE FIRST PARAGRAPH ONLY OF SECTION 3 (CONTENT, SUBMISSIONS AND EMAIL ANALYTICS DATA), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID OR OWED BY YOU TO COMPANY IN RELATION TO THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 

8.FEES AND PAYMENT.   Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website and/or, if applicable, as mutually agreed upon by you and Company, in connection with such Services. You may cancel any Plan, by contacting our support team.There are no refunds or credits for partial months of service, upgrades or downgrades, or months unused.
Your use of the Services following such notification constitutes your acceptance of any new or increased charges. All payments hereunder are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Company’s net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.  Unless otherwise agreed by you and the Company, in order to set up an account with Company, you must provide Company with accurate and complete billing information including legal name, address, state, zip code (if applicable), telephone number.

Service Fees and Pricing:
•  Development Rate:  $150 - $250 per hour
•  Project Management Rate:  $150 - $250 per hour
•  Server Hosting Support Rate:  $150 - $300 per hour
•  Rush Requests:  $2000 - $6000 Flat fee (Request(s) for work to be performed within 4 weeks or less)
 

9.SUPPORT.   Company will use commercially reasonable efforts to provide you with support and maintenance for the Services in accordance with its standard practices (as may be amended from time to time). You agree that Company will have the right to charge, in accordance with its then current policies, for any support services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by Company. Company shall have no obligation to provide updates (for example, patches or revisions to the Services), except that Company will provide you with any update that it makes generally available without charge to its similar customers. Company will not be responsible or liable for any failure in the Services resulting from or attributable to (i) your Systems, (ii) network, telecommunications or other service or equipment failures outside of Company's facilities, (iii) your or any third party's products, services, negligence, acts or omissions, (iv) any force majeure or cause beyond Company's reasonable control, (v) scheduled maintenance or (vi) unauthorized access, breach of firewalls or other hacking by third parties.

Support requests can be directed to “” 24/7
 

10.INTERACTION WITH THIRD PARTIES.   The Website or Services may contain links to third party websites or services (Third Party Websites”) that are not owned or controlled by Company. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Websites. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website.
 

11.TERMINATION.   This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time by emailing “”. Company may terminate or suspend your access to the Services or your subscription at any time, for any reason, which may result in ion or suspensions, and the forfeiture and destruction of all information associated with your subscription. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and to access the Website (including, without limitation, any Content, Submissions, or Email Analytics Data) will immediately cease. All provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, intellectual property-related restrictions, indemnification obligations, warranty disclaimers, and limitations of liability. In addition, all remedies for breach of this Agreement shall survive any termination of this Agreement.
 

12.MISCELLANEOUS.   The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications and waivers of any provisions thereof must be in writing, signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
 

13.FORUMS.   Company’s Website may from time to time include interactive features such as blogs, forums, or any other feature of the Website by which you and/or others may post any content to the Website (a Forum”). In connection with any such Forum, any opinions expressed are the personal opinions of the original authors (not of Company), and any Forum submissions that are provided are for informational and entertainment purposes only and are not meant to be an endorsement or representation by Company or any other party. Company does not assume any responsibility or liability for any Forum submissions or any website linked to the Website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of Forum submissions. No information you consider confidential should be posted to a Forum. It is in your sole discretion as to whether or not to post any content to a Forum. Company may modify, display, delete, transmit or distribute Forum Submissions in its sole discretion and without your permission. However, Company shall not be responsible for controlling or editing any Forum submissions, nor can Company ensure prompt removal of inappropriate or unlawful Forum submissions.

14.COPYRIGHT AND TRADEMARKS
All right, title, and interest in the website is owned by or licensed by Mobile Fringe Inc.(THE COMPANY)  The materials provided on the website, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws.  Any unauthorized used of the materials is strictly prohibited

Copyright / Trademark Dispute Policy
The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

A.If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

 

1.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
 

2.Identification of works or materials being infringed;
 

3.Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
 

4.Contact information about the notifier including address, telephone number and, if available, email address;
 

5.A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
 

6.A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
 

B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:  It is Company’s policy:
 

1.to remove or disable access to the infringing material;
 

2.to notify the content provider or user that it has removed or disabled access to the material; and
 

3.that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s or user’s access to the Services.

C.Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:
 

A physical or electronic signature of the content provider or user;
 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
 

A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
 

Content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or, if the content provider’s or user’s address is located outside of Canada, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
 

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’
 

Please contact Company’s Designated Agent at the following address:  
216 Chrislea Road, Suite 502, Ontario, Canada or email at contact@mobilefringe.com
 

15.CONTACT.   If you have any questions, complaints, or claims with respect to the Services, you may contact us at: 216 Chrislea Road, Suite 502, Ontario, Canada or email at

 

ABOUT CANADA ANTI-SPAM LAW (CASL)

Updated: Jun 15, 2016

 

The Canadian Anti-Spam Law (CASL) went into effect July 1, 2014. If you're in Canada or send to Canadian residents, you need to comply with CASL.

 

Be sure to review the Mobile Fringe Terms of Use as well as the CASL rules before using the newsletter/e-blast service

 

This article is provided as a resource, but does not constitute legal advice. If you have more questions about CASL, we encourage you to contact an attorney in your area who is familiar with this issue.

 

LIABILITY

There are new consequences for spammers, including fines of $1-10M per violation. It's important to note that individuals and companies, including directors, officers and other agents, are responsible and liable for the messages they send.

 

During the transitional period, the Canadian Radio-Television and Telecommunications Commission (CRTC), the Competition Bureau, and the Office of the Privacy Commissioner of Canada, may investigate and litigate against entities who don't adhere to CASL. After July 1, 2017, any individual will also be able to sue any entity they believe is sending spam messages.

 

Mobile Fringe does not endorse nor represent the messages being sent by the users subscribed to the Newsletter/E-Blast service. 

 

Newsletter/E-Blast service users agree to assume all liability that may arise as a result of using the email messaging service.

 

What's covered under CASL

 

CASL regulations apply to any "Commercial Electronic Message" (CEM) sent from or to Canadian computers and devices in Canada. Messages routed through Canadian computer systems are not subject to this law.

 

A CEM is any message that:

is in an electronic format, including emails, instant messages, text messages, and some social media communications;

is sent to an electronic address, including email addresses, instant message accounts, phone accounts, and social media accounts; and

contains a message encouraging recipients to take part in some type of commercial activity, including the promotion of products, services, people/personas, companies, or organizations.

Fax messages and fax numbers aren't considered electronic formats or addresses under CASL.

 

Exempt messages

These types of electronic messages are exempt from CASL for various reasons. Please note that not all of these are allowable under Mobile Fringe's Terms of Use.

 

  • Messages to family or a person with established personal relationship.
  • Messages to an employee, consultant, or person associated with your business.
  • Responses to a current customer, or someone who has inquired in the last six months.
  • Messages that will be opened or accessed in a foreign country, including the U.S., China, and most of Europe. 
  • Messages sent on behalf of a charity or political organization for the purposes of raising funds or soliciting contributions.
  • Messages attempting to enforce a legal right or court order.
  • Messages that provide warranty, recall, safety, or security information about a product or service purchased by the recipient.
  • Messages that provide information about a purchase, subscription, membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.
  • A single message to a recipient without an existing relationship on the basis of a referral. The full name of the referring person must be disclosed in the message. The referrer may be family or have another relationship with the person to whom you're sending.

 

If your message does not meet one of these criteria, consent is required under CASL.

 

Implied vs. Express Consent

 

The law defines two types of consent: implied and express. Implied consent is a looser interpretation, whereas express consent requires action from both sender and recipient.

 

Implied consent includes when:

 

A recipient has purchased a product, service or made another business deal, contract, or membership with your organization in the last 24 months; You are a registered charity or political organization, and the recipient has made a donation or gift, has volunteered, or attended a meeting organized by you; or

 

A professional message is sent to someone whose email address was given to you, or is conspicuously published, and who hasn't published or told you that they don't want unsolicited messages.

 

If your recipients don't meet any of the above criteria, then express consent is required before you can send campaigns to them.

 

Express consent means written or oral agreement to receive specific types of messages, for example "You want to receive monthly newsletters and weekly discount notifications from Company B."

 

Express consent is only valid if the following information is included with your request for consent:

 

  • A clear and concise description of your purpose in obtaining consent
  • A description of messages you'll be sending
  • Requestor's name and contact information (physical mailing address and telephone number, email address, or website URL)
  • A statement that the recipient may unsubscribe at any time.

The requestor can be you or someone for whom you're asking. If you're requesting consent on behalf of a client, the client's name and contact information must be included with the consent request.

 

During the transition period, July 1, 2014-July 1, 2017, you may continue to send messages to recipients from whom you have implied consent, unless they unsubscribe. After the 2017 cut-off date, you may only send to recipients with express consent or whose implied consent is currently valid under CASL—that is, 24 months after a purchase or six months after an inquiry.

 

Recommended Guidelines:

As a rule of thumb, you want to have written permission from every subscriber.

 

Sticking to Mobile Fringe's policies is not only required, it also helps improve your campaign deliverability and subscriber engagement. Here are some of Mobile Fringe's Terms that differ from CASL.

 

  • Family members and friends still need to provide written permission.
  • Nonprofit organizations, political groups, and courts still need to secure written permission from recipients.
  • Referrals and published email addresses are considered third-party, and therefore, not allowed.
  • Oral agreement to receive messages does not qualify as permission. .

 

Additional Requirements

In addition to understanding what qualifies as CASL-regulated message, and what type of consent is needed, there are a few other details to keep in mind.

 

  • You must retain a record of consent confirmations.
  • When requesting consent, checkboxes cannot be pre-filled to suggest consent. Each subscriber must check the box themselves for consent to be valid.
  • All messages sent must include your name, the person on whose behalf you are sending (if any), your physical mailing address and your telephone number, email address, or website URL.
  • All messages sent after consent must also include an unsubscribe mechanism, and unsubscribes must be processed within 10 days.

 

Here's the full text of the law, if you're into that sort of thing. The Canadian Radio-Television and Telecommunications Commission's also set up an FAQ page and some guidelines for obtaining consent. If you have additional questions, we encourage you to contact an attorney in your area who is familiar with the law.

 

http://laws-lois.justice.gc.ca/eng/annualstatutes/2010_23/FullText.html

http://www.crtc.gc.ca/eng/com500/faq500.htm

http://www.crtc.gc.ca/eng/archive/2012/2012-548.htm


 

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