ACTV8 grants you a non-exclusive, limited, and non-transferable license to use the App, subject to the restrictions set forth below and to your compliance with these Terms (the “License”). The License does not grant you any intellectual property rights, or any rights other than those specifically stated in these Terms.
By downloading and using the App you have created an account (the “Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. ACTV8 shall not be responsible for any losses arising out of the unauthorized use of your Account.
Restrictions on Use:
You may only use the App on your personal Apple- or Android-compatible device. You may not further redistribute, sublicense, rent, loan, or lease the App to a third party. The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose.
ACTV8 may do any of the following at any time, with or without notice, and without any liability to you: (a) change, suspend, or terminate any features or functionality on the App at any time; (b) impose limits on certain features or functionality; and (c) terminate any authorizations, rights, and licenses granted herein.
You may only create one (1) account, and are expressly prohibited from using multiple e-mail addresses to create multiple accounts. If it is determined that the user has exceeded the amount of created accounts listed herein, that it is up to ACTV8me’s sole descretion to decide the overall elegibility of the user prize claim. All potential winners are subject to verification before any prize will be awarded. Please note that your wireless carrier may impose data charges when you play. No Univision employees are eligible.
You may have the opportunity to access offers, goods or services provided by our partners or advertisers. ACTV8 does not control or endorse these offers, goods or services. Accordingly, you acknowledge and agree that ACTV8 is not responsible or liable for any offers, goods or services provided by any partner, advertiser or third party. We accept no responsibility for advertisements or offers contained within the App. If you download any offers, or agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk.
If you take part in any competition or sweepstakes which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by ACTV8 from time to time (“Competition Rules“) and by the decisions of ACTV8, which are final in all matters relating to the Competition.
The App is protected by copyright laws and international treaties. You may not copy the App, other than as expressly provided in these Terms. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the App, or use any part of the App for any other purpose other than it was intended. You may not modify, adapt, alter, translate, or create derivative works from the App.
The License is effective until terminated. You may terminate the License at any time by uninstalling or deleting the App. The License will also automatically terminate if you fail to comply with any term or condition set forth herein. ACTV8 may, in its sole discretion, temporarily or permanently terminate the License at any time without prior notice to you. Upon termination for any reason, you agree to uninstall or delete the App.
Your Representations and Warranties:
You represent and warrant that you will (a) supply truthful and accurate information to us in connection with your use of the App and (b) comply with all applicable laws in connection with your use of the App.
ACTV8me from time to time will make offers available to consumers by way of television ads, radio ads and streaming video ads and other media now known or unknown. Each consumer offer is always at the user’s acceptance: the offer is opt-in based and is always at the user’s discretion. Any information collected regarding age, gender, and location or any other information, will always be with user opt-in permission and at user’s complete discretion.
You agree that you will defend, indemnify, and hold ACTV8, its subsidiaries, affiliates, officers, directors, employees, stockholders and agents (the “Released Parties”) harmless from and against any claim or cause of action arising out of your (a) breach or alleged breach of these Terms, (b) gross negligence, or (c) willful misconduct.
DISCLAIMER OF WARRANTY:
You expressly acknowledge and agree that the use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the App is provided “as is” and “as available,” with all faults and without warranty of any kind, and ACTV8 hereby disclaims all warranties and conditions with respect to the App, either express, implied or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. ACTV8 does not warrant against interference with your enjoyment of the app, that the functions contained in, or services performed or provided by, the app will be uninterrupted or error-free, or that defects in the app will be corrected. No oral or written information or advice given by ACTV8 or its authorized representative shall create a warranty. Should the app prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
LIMITATION OF LIABILITY.
Your use of the app is entirely at your own risk. Under no circumstance will ACTV8, its agents, licensors, or suppliers be liable to you on account of your use or misuse of, or reliance on, the app to the extent permitted by law, in no event will ACTV8, its agents, licensors, or suppliers be liable to you for any actual, direct, indirect, incidental, special, consequential, or punitive damages, including any lost profits, lost savings, costs of procurement of substitute products or services or other damages arising out of the use or inability to use the app even if advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the App resides in the courts located in California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Export Law Assurances:
You may not use or otherwise export or re-export the App, except as authorized by United States law and laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Mobile Service, Internet and Service Fees:
The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from ACTV8, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the App.
The App may not work with all devices or all mobile carriers. ACTV8 makes no representations that the App will be compatible with or provided by all mobile carriers. In the event that fees are charged for the App, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Changes to Terms:
ACTV8 reserves the right at any time to modify the Terms and to impose new or additional terms or conditions on your use of the App. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the App will be deemed acceptance thereof.
This License Agreement is binding on successors and assigns. ACTV8 will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control. ACTV8’s failure to enforce any term of these Terms shall not constitute a waiver of that provision. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You acknowledge that you have read these Terms, that you understand the Terms, that you agree to be bound by the Terms, and that the foregoing is the complete and exclusive statement of the Terms.
Apple, Inc. is not a sponsor of nor involved in any way with ACTV8, Inc. (Mobii) sweepstakes.