Common use of Mobile Services Clause in Contracts

Mobile Services. You acknowledge that PopPay, or other portions of the Site, may be available via a mobile device (“Mobile Services”), including the ability to upload content to, or browse and other wise access, the Service or certain features thereof. You further acknowledge and agree that: (a) to the extent you access the Mobile Services, your service carrier’s standard charges, data rates, and other fees may apply; (b) by using the Mobile Services, we, a Third Party and/or your mobile provider may communicate with you by automated SMS, MMS, text message, or other electronic means to your mobile device and that information about Your usage of the Mobile Services may be communicated to us; (c) in the event you change or deactivate your mobile telephone number, you must promptly update Your Account; (d) you will only access the Mobile Services on a mobile device number legally assigned to you by a service carrier; (e) you will be sent SMS messages from time to time as part of our provision of the Mobile Services and the frequency of the same depends, in part, on Your use of the Service. If, at any time, you desire to opt-out from such messages, you must immediately notify us via email at xxxx@xxxxx.xxx. PopID does not warrant that the Mobile Services will be compatible with your mobile device. You may use mobile data in connection with the Mobile Services and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. PopID hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Services for one PopID Account, and one linked PopPay Account, on one mobile device owned or leased solely by you, for your personal use. You acknowledge and agree that you may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and other proprietary rights notices on the Mobile Services. You acknowledge that PopID may from time-to-time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that You are using on your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Services is covered by the applicable open source or Third-Party license XXXX, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Services or any copy thereof, and PopID or its Third-Party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. PopID reserves all rights not expressly granted under these Terms. The Mobile Services originates in the United States, and are subject to United States export laws and regulations. The Mobile Services may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Services and the Service. The following applies to any Mobile Services you acquire from the Apple App Store (“Apple-Sourced Software”). You acknowledge and agree that these Terms are solely between you and PopID, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple- Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PopID, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and PopID acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Services. You acknowledge that PopPay, or other portions of the Site, may be available via a mobile device (“Mobile Services”), including the ability to upload content to, or browse and other wise access, the Service or certain features thereof. You further acknowledge and agree that: (a) to the extent you access the Mobile Services, your service carrier’s standard charges, data rates, and other fees may apply; (b) by using the Mobile Services, we, a Third Party and/or your mobile provider may communicate with you by automated SMS, MMS, text message, or other electronic means to your mobile device and that information about Your usage of the Mobile Services may be communicated to us; (c) in the event you change or deactivate your mobile telephone number, you must promptly update Your Account; (d) you will only access the Mobile Services on a mobile device number legally assigned to you by a service carrier; (e) you will be sent SMS messages from time to time as part of our provision of the Mobile Services and the frequency of the same depends, in part, on Your use of the Service. If, at any time, you desire to opt-out from such messages, you must immediately notify us via email at xxxx@xxxxx.xxx. PopID xxxxxxx@xxxxxx.xx PopPay does not warrant that the Mobile Services will be compatible with your mobile device. You may use mobile data in connection with the Mobile Services and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. PopID PopPay hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Services for one PopID PopPay Account, and one linked PopPay Account, on one mobile device owned or leased solely by you, for your personal use. You acknowledge and agree that you may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and other proprietary rights notices on the Mobile Services. You acknowledge that PopID PopPay may from time-to-time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that You are using on your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Services is covered by the applicable open source or Third-Party license XXXX, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Services or any copy thereof, and PopID PopPay or its Third-Party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. PopID PopPay reserves all rights not expressly granted under these Terms. The Mobile Services originates in the United States, and are subject to United States export laws and regulations. The Mobile Services may not be exported or re-exported to certain countries, countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Services and the Service. The following applies to any Mobile Services you acquire from the Apple App Store (“Apple-Sourced Software”). You acknowledge and agree that these Terms are solely between you and PopIDPopPay, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple- Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these the terms of this User Agreement and any law applicable to PopID PopPay as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the terms of this User Agreement and any law applicable to PopID PopPay as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PopIDPopPay, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and PopID PopPay acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Services. You acknowledge that PopPay, or other portions of the Site, may be available via a mobile device (“Mobile Services”), including the ability to upload content to, or browse and other wise access, the Service or certain features thereof. You further acknowledge and agree that: (a) to the extent you access the Mobile Services, your service carrier’s standard charges, data rates, and other fees may apply; (b) by using the Mobile Services, we, a Third Party and/or your mobile provider may communicate with you by automated SMS, MMS, text message, or other electronic means to your mobile device and that information about Your usage of the Mobile Services may be communicated to us; (c) in the event you change or deactivate your mobile telephone number, you must promptly update Your Account; (d) you will only access the Mobile Services on a mobile device number legally assigned to you by a service carrier; (e) you will be sent SMS messages from time to time as part of our provision of the Mobile Services and the frequency of the same depends, in part, on Your use of the Service. If, at any time, you desire to opt-out from such messages, you must immediately notify us via email at xxxx@xxxxx.xxx. PopID does not warrant that the Mobile Services will be compatible with your mobile device. You may use mobile data in connection with the Mobile Services and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. PopID hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Services for one PopID Account, and one linked PopPay Account, on one mobile device owned or leased solely by you, for your personal use. You acknowledge and agree that you may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and other proprietary rights notices on the Mobile Services. You acknowledge that PopID may from time-to-time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that You are using on your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Services is covered by the applicable open source or Third-Party license XXXX, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Services or any copy thereof, and PopID or its Third-Party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. PopID reserves all rights not expressly granted under these Terms. The Mobile Services originates in the United States, and are subject to United States export laws and regulations. The Mobile Services may not be exported or re-exported to certain countries, countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Services and the Service. The following applies to any Mobile Services you acquire from the Apple App Store (“Apple-Sourced Software”). You acknowledge and agree that these Terms are solely between you and PopID, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple- Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PopID, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and PopID XxxXX acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Services. You acknowledge that PopPay, or other portions of the Site, may be available via a mobile device (“Mobile Services”), including the ability to upload content to, or browse and other wise access, the Service or certain features thereof. You further acknowledge and agree that: (a) to the extent you access the Mobile Services, your service carrier’s standard charges, data rates, and other fees may apply; (b) by using the Mobile Services, we, a Third Party and/or your mobile provider may communicate with you by automated SMS, MMS, text message, or other electronic means to your mobile device and that information about Your usage of the Mobile Services may be communicated to us; (c) in the event you change or deactivate your mobile telephone number, you must promptly update Your Account; (d) you will only access the Mobile Services on a mobile device number legally assigned to you by a service carrier; (e) you will be sent SMS messages from time to time as part of our provision of the Mobile Services and the frequency of the same depends, in part, on Your use of the Service. If, at any time, you desire to opt-out from such messages, you must immediately notify us via email at xxxx@xxxxx.xxx. PopID does not warrant that the Mobile Services will be compatible with your mobile device. You may use mobile data in connection con7nection with the Mobile Services and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. PopID hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Services for one PopID Account, and one linked PopPay Account, on one mobile device owned or leased solely by you, for your personal use. You acknowledge and agree that you may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Services; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or (v) delete the copyright and other proprietary rights notices on the Mobile Services. You acknowledge that PopID may from time-to-time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that You are using on your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Services is covered by the applicable open source or Third-Party license XXXX, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Services or any copy thereof, and PopID or its Third-Party partners or suppliers retain all right, title, and interest in the Mobile Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. PopID reserves all rights not expressly granted under these Terms. The Mobile Services originates in the United States, and are subject to United States export laws and regulations. The Mobile Services may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Services and the Service. The following applies to any Mobile Services you acquire from the Apple App Store (“Apple-Sourced Software”). You acknowledge and agree that these Terms are solely between you and PopID, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple- Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the terms of this User Agreement and any law applicable to PopID as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PopID, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and PopID acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.