Egg Mobile - Terms Of Use

SHORT FORM TERMS OF USE

Your Relationship with Egg Mobile

  • Your use of Egg Strategie's products and services, including the “Egg Mobile” application, ("Application") is subject to the terms of a legal agreement between you and Egg Strategy, Inc. “Egg Mobile” means Egg Strategy, Inc., 10608 W 163rd Place, Orland Park, IL 60467, United States.
  • In order to use the Egg Mobile Application, you must first agree to the Terms of Use ("Terms"). You may not use the Application if you do not accept the Terms.
  • You can accept the Terms of Use by activating the Application (using the password and login provided by Egg Mobile). You understand and agree that Egg Mobile will treat your use of the services as acceptance of the Terms from that point onwards.
  • Egg Mobile has the right, with or without notice, to make changes to this agreement at any time. You understand that your continued use of the services after the changes will constitute your acceptance of those changes.
  • For the current version of the Terms, see below.
  • By accepting the Terms and using the Application, you are also consenting to Egg Mobile’s Privacy Policy. To see the current version of the Privacy Policy, click on the available Privacy Policy article located below. 
  • You may not use the services and may not accept the Terms if (a) you are a minor or otherwise not legally capable of contracting with Egg Mobile, or (b) you are not legally able to receive the services.

EGG MOBILE TERMS OF USE

1. This Terms of Use Agreement ("Agreement") is made by and between Egg Mobile, Inc., an Illinois corporation, 10608 W 163rd Place, Orland Park, IL 60467, United States, and you the user (“you,” “your,” or “user”).

This Agreement contains the complete terms and conditions (“Terms”) that govern the use of the “Egg Mobile” software application ("Application"). BY ACTIVATING, ACCESSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACTIVATE, ACCESS OR USE ANY PART OF THIS APPLICATION. EGG MOBILE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT EGG MOBILE’S DISCRETION. CONTINUED USE OF ANY PART OF THIS APPLICATION CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

2. ACCESS TO THIS APPLICATION. To access the application, you may be asked to provide certain registration details or other information. It is a condition of your use of this application that all the information you provide will be correct, current, and complete. If Egg Mobile believes the information you provide is not correct, current, or complete, Egg Mobile has the right to deny access to the services, and to terminate or suspend your access to the application at any time.

3. APPLICABLE USE OF APPLICATION. You may use the application for purposes expressly permitted by these Terms. As a condition of your use of the application, you warrant to Egg Mobile that you will not use the application for any purpose that is unlawful or prohibited by these Terms.

4. NO CO-BRANDING. You may not use or authorize any party to use Egg Mobile’s name, logos, trademarks, or other means of attribution or identification that will give the impression that you have or any other party has the right to display, publish, or distribute this application or related services, without the express prior written permission of an authorized representative of Egg Mobile. Furthermore, you agree to cease any such unauthorized use immediately upon notice from Egg Mobile.

5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use the application in any manner that could in any way disable, overburden, damage, or impair the application or otherwise interfere with anyone’s use and enjoyment of the application. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the application.

6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. The application is for your personal use, unless otherwise specified. You may not resell, distribute, allow others to use, or use the application for any other purpose, including any commercial purpose, without the prior expressed written permission of an authorized representative of Egg Mobile.

7. PROPRIETARY INFORMATION. All content found on or in connection with the application (the "Content"), including the “Over the Top” trademark and “Over the Top” Logo is considered the copyrighted and trademarked intellectual property of Egg Mobile, or of any party that created and/or licensed the Content to Egg Mobile. No rights or title to the application or any Egg Mobile services shall be considered transferred or assigned to the User. You agree not to copy, distribute, republish, modify, create derivative works from the application, without the prior written consent of Egg Mobile. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this application.

8. SUBMISSIONS. You hereby grant to Egg Mobile a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Egg Mobile through the Application, including the Application (hereinafter, the "Submission"), and to incorporate any submission in other works in any form, media, or technology now known or later developed. You agree that Egg Mobile will not be bound to treat any submission as confidential, except where protected by law, and may use any submission in its business including without limitation, for evaluating survey results and presenting results to its clients, without incurring any liability for royalties or any other consideration of any kind (apart from the consideration consented to as part of the original agreement between you and Egg Mobile), and will not incur any liability as a result of any similarities that may appear in future Egg Mobile operations or business.

9. USE OF COMMUNICATION SERVICES. Egg Strategy’s Egg Mobile Application, and its services, is designed to allow you to share information with Egg Mobile, including photographs, email, message or communication facilities (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the Application.

Among other actions, when using a Communication Service, you agree that you will not send, submit, publish, or transmit in connection with this application, or cause to be posted, sent, submitted, published or transmitted, any material that:

(i) you do not have the right to transmit, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

(iii) is vulgar, obscene, pornographic, or indecent;

(iv) threatens or abuses others;

(v) is libelous or defamatory towards others;

(vi) is racist, abusive, harassing, threatening or offensive;

(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(viii) harvests or otherwise collects information about others, including email addresses and photographs, without their consent;

(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates information to disguise the origin of content;

(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transmitted to Egg Mobile (e.g., copyright, trademark or patent notices);

(xi) includes programs that contain computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications device;

(xii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this application.

You acknowledge that your submissions may be subject to legal limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that Egg Mobile will not assume or have any liability for any action made by you with respect to any submission.

10. RIGHT TO TERMINATE ACCESS. Egg Mobile reserves the right to monitor use of the Application to determine compliance with these terms, as well as the right to edit or refuse to use any information or materials, in whole or in part. Egg Mobile may terminate your access to the Application at any time without notice for any reason whatsoever.

11. DISCLOSURE UNDER LAW. Egg Mobile reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Egg Mobile reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Egg Mobile to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD EGG MOBILE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EGG MOBILE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OEGG MOBILE OR LAW ENFORCEMENT AUTHORITIES.

12. PERSONALLY IDENTIFIABLE INFORMATION. Egg Mobile agrees that it will treat any personally identifying information that you submit through this Application in accordance with the terms outlined in its Privacy Policy. By accepting the terms and using the Application, you are also consenting to Egg Mobile’s Privacy Policy. To see the current version of the Privacy Policy, click on the available Privacy Policy article located below. 

13. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Egg Mobile stands behind its application’s security, but that it does not guarantee or warrant that the Application will be free of code that may cause damage or harm to your computer or network. You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Application.

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EGG MOBILE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

EGG MOBILE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVICES THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EGG MOBILE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND EGG MOBILE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS APPLICATION OR ITS CONTENT. EGG MOBILE MAKES NO WARRANTIES THAT YOUR USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH APPLICATION.

EGG MOBILE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EGG MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EGG MOBILE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO EGG MOBILE FOR THE APPLICATION OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. INDEMNITY. You agree to indemnify and hold Egg Mobile, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these terms by you, including any use of the Application other than as expressly authorized in these terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this application.

15.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works ("Intellectual Property") appearing in this Application, including EGG MOBILE, and the EGG MOBILE LOGO, are the property of Egg Mobile. Egg Mobile retains all rights with respect its Intellectual Property. All contents of the Application are: Copyright © 2010 Egg Mobile LLC. All rights reserved.

16. SECURITY. Any passwords used for the Application are for your personal and individual use only. You will be responsible for the security of your password(s). From time to time, Egg Mobile may require that you change your password. You are prohibited from using any application or facilities provided in connection therewith to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security is strictly prohibited. Egg Mobile reserves the right to investigate suspected violations of these terms.

17. MISCELLANEOUS. These Terms of Use will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Illinois in connection with any dispute between you and Egg Mobile arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these terms each agree that the exclusive venue for any dispute between the parties arising out of these terms will be in the state and federal courts in Chicago, Illinois.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Egg Mobile with respect to the Application. Notwithstanding the foregoing, any additional terms on this site will govern the items to which they pertain. Egg Mobile may revise these Terms of Use at any time by updating this posting.

18. Effective Date

This is Version 2 of the Terms of Use. The Effective Date is 05/25/2012.

19. Contacting Us

If you have any questions about these Terms, please send an email with your questions to admin@EggMobileApp.com

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