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i-Pay Mobile Inc ©2011 All Rights Reserved.

 

 

Mobile Money Marketing Terms &

Conditions

If you are prone to falling asleep while reading legal documents,             
i-PayMobile/GEOPERKS recommends you drink a triple espresso before proceeding any further.

I-PAYMOBILE PROVIDES ALL SERVICES SUBJECT TO THIS AGREEMENT SO PLEASE READ IT.  BY ORDERING SERVICES FROM I-PAYMOBILE, YOU (INCLUDING YOUR EMPLOYER AND ANY AFFILIATES AND ITS OR THEIR EMPLOYEES, CONTRACTORS AND AGENTS) (“you” or “your”) ACCEPT AND WILL FOLLOW THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, IF YOU ARE NOT OVER THE AGE OF 18 (EVEN IF YOU ARE MATURE FOR YOUR AGE), OR IF YOU ARE OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, PLEASE DO NOT ORDER SERVICES FROM I-PAYMOBILE  I-PAYMOBILE RESERVES THE RIGHT TO IMMEDIATELY DISCONTINUE SERVICES BEING PROVIDED TO YOU IF YOU DO NOT COMPLY WITH THIS AGREEMENT.

IF YOU ARE A MOBILE PRO CUSTOMER, YOU MAY HAVE A WRITTEN AGREEMENT WITH I-PAYMOBILE (IT’S NOT A PUNISHMENT, WE PROMISE!) TO THE EXTENT THIS AGREEMENT IS INCONSISTENT WITH OR CONFLICTS WITH ANY OF THE TERMS OF A WRITTEN AGREEMENT BETWEEN YOU AND I-PAYMOBILE, THE TERMS OF YOUR WRITTEN AGREEMENT WITH I-PAYMOBILE WILL CONTROL WITH RESPECT TO THOSE CONFLICTING OR INCONSISTENT TERMS.

Rules. Rules. Rules.

Well . . . first off, i-PayMobile reserves the right to change the terms and conditions of this Agreement at any time by:

·         posting notice of the changes and the updated Agreement on i-PayMobile  website (www.i-PayMobile.com) (the “Site”); or

·         providing notice of the updates and revisions to the email address provided by you to i-PayMobile

i-PayMobile doesn’t like changing this Agreement any more than you like reading it, but sometimes it happens, so please check for changes regularly. Continued use of the Services after any such changes means you agree with the changes, including changes in fees.

Ordering stuff from us

GEOPERKS/i-PayMobile and/or GEOPERK/i-PayMobile licensors offer a wide range of software licensing, consulting and messaging solution services (the “Service” or “Services”). In order to receive Services, you must register under one of the i-PayMobile plans: mobile-Go or mobile-Pro. If you’re a mobile-Go customer, you may order Services by completing an on-line order at http://i-PayMobile.com/contactus (an “order”) using your User ID or by calling toll-free 1-480-262-3299. If you’re a mobile-Pro customer, you may place an order by contacting your account representative identified in your written agreement with i-PayMobile  All orders shall be subject to i-PayMobile acceptance and to this Agreement. You may cancel or reschedule Services by contacting i-PayMobile billing department at billing@i-PayMobile.com before any billing cycle which starts on the 1st of each month.

Your account

The Software (defined below) and Services allow you to set up user accounts and related user identification numbers and passwords (collectively “User IDs”). You shall be responsible and liable to i-PayMobile for all uses of such User IDs and all fees incurred for Services ordered under your User IDs, whether or not authorized by you.

Serving you

All we ever do is “try our best”, so subject to the terms of this Agreement, i-PayMobile will use commercially reasonable efforts to provide the Services to you as set forth in the orders accepted by i-PayMobile The Services are for your internal and business use, and not for resale to or use by any third party.  i-PayMobile provides online support at support@i-PayMobile.com and telephone support at 1-888-834-5605 (international). Support is provided during i-PayMobile normal business hours.

When using our database

Certain secret stuff . . . otherwise known as proprietary data may be provided by you to i-PayMobile for use in the ordinary fulfillment and delivery of Services, including your subscriber database (collectively, “Database”). Be rest assured that you will be the owner of any Database provided to i-PayMobile Your Database must be provided to i-PayMobile in the form and format specified by i-PayMobile

A la “cloak and dagger, i-PayMobile will keep your Database confidential and will not sell or rent your Database to anyone.

The Do Not Mail List.

You will hastily be removed from the Database (kinda like when you try to smoke in a movie theater) all data and information of any person who has previously stated verbally and/or in writing that he or she does not wish to receive Services made by or on behalf of you. You agree to update the Database or any contact lists delivered to i-PayMobile hereunder prior to commencement by i-PayMobile Services on your behalf.

In case you get hot feet

Yes . . . there’s always a way out. i-PayMobile maintains and owns a Global Permanent Removal List which contains addresses and domains which it will not allow any customer to add to a database. You understand and agree that i-PayMobile has full discretion to block the uploading of any e-mail address which it has placed on such a list, and will not be liable for the blocking of any such address from any customer database.  By clicking on the Unsub tab or on i-PayMobile footer or who sends an email to i-PayMobile at abuse@i-PayMobile.com any message recipient can opt-out of receiving any further communications from you through i-PayMobile You agree that i-PayMobile can place people on the Global Permanent Removal List should that happen.

Let’s obey the law

We all have to play by the rules. Plain and simple . . . you agree that it’s your sole responsibility to ensure that the Services requested by you and performed by i-PayMobile comply with all applicable Laws.

We don’t kiss and tell

Privacy

Effective Date: November 26th 2007

GEOPERKS/i-paymobile makes the same firm commitment to privacy for our Web site visitors as for our customers using our web-hosted service. We created this Online Privacy Policy (“i-paymobile Privacy Policy”) to give you confidence as you visit and use the i-paymobile.com Web site, located at www.i-paymobile.com (the “Web site”) and to demonstrate our commitment to the protection of your privacy. This Privacy Policy is only applicable to the Web sites and mobile apps, and not to any other Web sites that you may be able to access from the Web site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy. By using the GEOPERKS Web site, you are agreeing to the terms of the Privacy Policy.

Notification of Privacy Policy Changes

We reserve the right to change the Privacy Policy at any time. If we decide to revise the Privacy Policy, we will post a notice at least thirty days prior to making any material changes. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Your continued use of the Web site, including use after the posting of any changes to these terms, will be deemed acceptance by you of the Privacy Policy.

i-paymobile is a licensee of the TRUSTe Privacy Program, which is further described below. For privacy questions related to an email message you may have received from a company using mobileStorm, please see our Terms of Use as well as the privacy policies for the sender(s) of the email message that you received.an

Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a mobileStorm Web site visitor is under age 13, we will promptly delete any personal information regarding that visitor.

TRUSTe Privacy Program

GEOPERKS/MobileStorm is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build users’ trust and confidence in the Internet by promoting the use of fair information practices. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. By displaying the TRUSTe trustmark, this Web site has agreed to notify you of:

  • What personally identifiable information of yours (or third party personally identifiable information) is collected from you through the web site
  • The organization collecting the information
  • How the information is used
  • With whom the information may be shared
  • What choices are available to you regarding collection, use, and distribution of the information
  • The kind of security procedures that are in place to protect the loss, misuse, or alteration of information under i-paymobile’s control
  • How you can correct any inaccuracies in the information

If you have questions or concerns regarding this statement, you should first contact our Privacy Advocate by email at privacy@i-paymobile.com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

Information Collection Practices

What Basic Information Does i-PayMobile Collect?

You can visit the Web site to read information about our company, products, and services without telling us who you are and without revealing any personal information. In operating the Web site, i-paymobile includes optional information request forms such as White Paper or Webinar Request forms, Newsletter subscription forms, and general contact request forms that request your name, company, title, phone number, email address, URL, address and other information to help us determine your needs related to our products and solutions and in order for you to download or view documents or other information through the i-paymobile Web site. We use this information to send updates about our company and to contact you if requested or necessary. i-paymobile also collects billing information such as credits and eCheck data via our partner Authorize.net. Depending upon your request, i-paymobile may also ask for additional information, such as how you heard about us. This information is provided by you on a voluntary basis only and is not required by us in order for you to use and enjoy the Web site. i-paymobile uses the information that we collect on the Web site to contact you to further discuss your interest in our company, our services, and to send information regarding our company or partners, such as marketing promotions and events. This information may also be used to improve the services we provide you. We use this information to improve the way that we provide our services to our clients, to relay administrative information, and to verify login information. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect, and the need to fulfill your request. i-paymobile does not share, sell, rent, or trade PII with third parties for their promotional purposes.

Tell-A-Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. i-paymobile stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

i-PayMobile/GEOPERKS Clients

If you are a client of i-PayMobile (or work on behalf of a i-PayMobile client), through our secure web interface we also collect your username and password, and any other information that you provide to us on behalf of the client that you are representing pursuant to the terms of a license or other agreement between the applicable client and GEOPERKS (the “Client Agreement”). You should refer to that Client Agreement in addition to this Privacy Policy with regard to your use of the i-paymobile Web site and i-paymobile’s privacy obligations.

Automatic Collection

Our servers automatically recognize visitors’ IP addresses (the number assigned to computers on the Internet), domain names, the activity of the visitor’s browser when the visitor is viewing the Web site; the site path of visitors; the time visitors come to the Web site and length of visit. No personal information about you is revealed in the process. The Web site may also gather anonymous traffic data that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer and i-paymobile reserves the right to publish such anonymous, aggregate summary information regarding its visitors for promotional purposes.

i-paymobile uses “cookies” and “web beacons” to collect data. A cookie is a small text file containing a random and unique identifier that either i-paymobile or its third party web analytics provider on behalf of i-paymobile transfer to your computer’s hard drive through your web browser (unless you set your browser to reject cookies) that enables mobileStorm or its third party web analytics provider’s system to recognize your browser. i-paymobile uses cookies to track your movement through the Web site and verify the login status of client using products or services linked directly within the mobileStorm Web site. Cookies are also used to track point of entry to point of registration for those users participating in our affiliate signup programs or to track and measure the success of a particular marketing campaign. Neither mobileStorm nor its third party web analytics provider store any personally identifiable information in cookies. Web beacons (also known as clear gifs) are typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site are used by i-paymobile and its third party web analytics provider in combination with cookies to help us understand how you with the mobileStorm Web site. We use web beacons to measure visitor behavior, to help us improve visitor experience, and to manage site content.

You may opt out of receiving future mailings; see the Updating and Choice/Opt-out section below. When you receive an updated profile form, that information comes from our database.

We don’t share your personal information with third parties for promotional purposes without your explicit permission. When you select to receive promotions from us provided in partnership with a third party affiliate, we shall request and share your name and physical address to facilitate the requested service. This affiliate is authorized only to use your information for the explicit purpose for which it is provided. To unsubscribe, please contact the third party affiliate directly with your preferences.

Security and Privacy

i-PayMobile’s web site uses security measures to help protect against the loss, misuse, and alteration of the information under our control. We store the information in two redundant databases in two secure environments at different locations with our data hosting service provider, Savvis Communications.

mobileStorm takes care to reinforce the importance of our web site visitors’ security and privacy among our employees. mobileStorm requires unique usernames and passwords that must be entered each time a user logs on to i-paymobile’s client interface. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of all data. The bottom line is that, because our business involves hosting application accounts, data security is paramount. We’re constantly reevaluating and deploying new technologies to enhance our security.

In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets. In such transactions, visitor information may be one of the transferred assets. In the event that all or substantially all of mobileStorm’s assets are acquired in a transaction, our visitor information may be an asset that is reviewed and transferred. Such a transaction will be disclosed per the “Notification of Privacy Policy Changes” guidelines above. Also, as with the data we collect on behalf of our clients, we reserve the right to disclose any data we collect at our Web site if required by law or valid order of a court or other governmental authority or to protect the health and safety of mobileStorm’s employees or the general public.

GEOPERKS/i-PayMobile is not responsible for the privacy practices or the content of any other web sites to which we link. We encourage our visitors to read the privacy statements of each and every web site that they visit.

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Updating and Choice/Opt-Out

Visitors who request information on our web site have the following options for reviewing, modifying and deleting any personally identifiable information that has previously been provided to mobileStorm, as well as updating their profiles and unsubscribing (opting out) to avoid receiving future communications from us:

  • Sending an email message to privacy@i-paymobile.com. We’ll reply within 30 days of receiving your request confirming any corrections or updates requested.
  • If you are subscribed to receive newsletter or commercial emails from us, you may send us a request to unsubscribe from receiving such emails at any time by following the unsubscribe instructions within the email. We will comply with your unsubscribe request within 24 hours after receipt of such request (or shorter time period, if required by law).

Blog disclosure

If you use a bulletin board, blog, or chat room on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Testimonials

We post customer testimonials on our web site which may contain personally identifiable information such as the customer’s name. We do obtain the customer’s consent prior to posting the testimonial to post their name along with their testimonial.

Links to Other Sites

This Web site contains links to other sites that are not owned or controlled by i-paymobile Please be aware that we, i-paymobile, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site. mobileStorm owns and operates some websites that have the same look and feel of mobilestorm.com. Please be aware that this privacy statement only covers i-paymobile.com.

We provide third party widgets on the Site to allow users’ to share information from the Site on third party platforms at their discretion. None of these platform store your personal information from the Site.

Legal disclosure

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Contacting Us

If you have any questions about this privacy statement or this web site, please contact us directly:

privacy@i-paymobile.com
Trinity Technology Ventures, Inc.
GEOPERKS INTL. HOLDINGS, Inc.
30 west mountain sage drive; Suite 69
Phoenix, AZ 85045
United States
dvaz@geoperks.mobi

You agree to follow our privacy policy at http://www.i-PayMobile.com/privacy/ (the “Privacy Policy”). When ordering Services and providing Content to subscribers in your Database, you shall establish, maintain and administer a privacy policy that is substantially similar to the Privacy Policy. If you do not have a privacy policy in place, just ask and we will provide one to you. Respect your Database. We do.

Behave yourselves

Treat others the way that you want to be treated. In other words, you agree not to:

·         Use the this Site or the Services for any unlawful purpose or other stuff your mom wouldn’t like, which (for most moms) includes: pornography and “adult” products/services;

·         Display or transmit unlawful material or content

·         Create a false identity or forged email address;

·         Express or imply that any statements you make are endorsed by i-PayMobile, without our prior written consent;

·         Use our services to spam others

·         Use purchased database or database that includes spam trap seed addresses (e.g., info@, support@, sales@);

·         Modify, adapt, sub-license, sell, reverse engineer, decompile or disassemble any portion of this Site or the Services;

·         Remove any copyright, trademark or other proprietary rights notices contained in the Site or the Services;

·         “Frame” or “mirror” any part of this Site without our prior written authorization;

·         Attempt to hack us

Us keeping an eye on you

Yup . . . we’re keeping an eye on you. i-PayMobile has the right, but not the obligation, to monitor, listen in on and otherwise review, at any time, all Content to make sure you’re complying with this Agreement and the Laws; but i-PayMobile is not responsible or liable for your Content.

Stuff about you paying us

By using GEOPERKS/i-PayMobile Services, you agree that GEOPERKS/i-PayMobile is permitted to bill you (that’s right . . . we get paid for what we do) the applicable fees and any other charges for the Services, Consulting Fees, Software Licenses and other 3rd Party costs provided by GEOPERKS/i-PayMobile

Whether you’re a mobile-Go or -Pro customer, you pay using your Credit Card by setting up an account from which payments for Services and charges are debited. GEOPERKS/i-PayMobile permits you to set up an automated payment system by establishing a credit card account from which payments for Services and charges are debited. GEOPERKS/i-PayMobile will charge your credit card for any recurring monthly charges, Consulting Fees, Software Licenses and other 3rd Party Costs at any time of the month during which Services are being performed and/or will be performed. We do not ISSUE CREDIT and/or REFUNDS  ALL SALES ARE FINAL.

What’s ours is ours

Ah, yes . . . that coveted word. All worldwide right, title and interest in and to the Services, and all components thereof, including without limitation the software (the “Software”) used to receive orders and information from you for Services and to provide the Services to you, shall be and remain the sole and exclusive property of i-PayMobile or its third party licensors, as applicable. There are no implied licenses. Also, don’t try to get into your lab and reverse engineer our technology. You can bet your bottom dollar that you’d have to ask us to do that first. We’ll probably say “NOOOO”.

 

Is something yours?

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials we are hosting infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed by against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices should be sent to GEOPERKS/i-PayMobile.com 30 west mountain sage drive; Suite 69, Phoenix, AZ 85045.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

What you’re on the hook for

Unless you are currently under contract with GEOPERKS/i-PayMobile and who signed up after August 17th 2009, your Agreement will be on a 1-3yr term and will continue until it’s terminated as described herein.

Ok, now for the fun stuff . . .

OUR LAWYER TELLS US THE NEXT TWO PARAGRAPHS NEED TO BE CAPITALIZED, AND WE DON’T WANT TO PAY TO ARGUE WITH OUR LAWYER. IF THE TRIPLE ESPRESSO WE INITIALLY RECOMMENDED HAS WORN OFF, HAVE ANOTHER BEFORE READING THE REST OF THIS AGREEMENT.

NO WARRANTY AND DISCLAIMER

I-PAYMOBILE/GEOPERKS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. I-PAYMOBILE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS TO BE ACHIEVED BY YOU AFTER PERFORMANCE OF THE SERVICES. I-PAYMOBILE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. YOU’RE NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE SERVICES. i-PayMobile does not warrant the accuracy or reliability of the results obtained through the Services or any data or information downloaded or otherwise obtained or acquired through or in connection with the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through or in connection with the Services are at your sole risk and discretion and i-PayMobile will not be liable or responsible for any damage to you or your property in connection therewith.

LIMITATION OF LIABILITY

IN NO EVENT WILL I-PAYMOBILECUMULATIVE AGGREGATE LIABILITY RELATED TO SPECIFIC SERVICES PROVIDED TO YOU EXCEED THE AMOUNTS RECEIVED FROM YOU WITH RESPECT TO SUCH SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHER CLAIM. IN NO EVENT SHALL I-PAYMOBILEBE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, NON-COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. THE LIMITATIONS IN THIS SECTION (I) ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND (II) APPLY NOTWITHSTANDING THE VALIDITY OF THE LIMITED REMEDIES PROVIDED FOR IN THE AGREEMENT OR IF ANY SUCH LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You Agree To Indemnify And Hold GEOPERKS, i-PayMobile.com, Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.

Are you still awake? Great! Order some Services and watch yourself become a marketing mogul!

GEOPERKS/i-PayMobile Mobile Software, Licenses & Services Terms & Conditions