Privacy and Terms of Use



MOBILEBITS TERMS OF USE AND SERVICE

Welcome to MobileBits™. These Terms of Use and Service govern your access to and use of MobileBits Holdings Corporation’s (“MobileBits”) website, mobilebits.com (“Website”), MobileBits’ software, including MobileBits’ applications, via any means of access, including, but not limited to mobile and non- mobile access (collectively “Sites”). To ensure a safe environment for all of our users (“Users” or “you”), we have established these Terms of Use and Service, which spell out what you can expect from us and what we expect from you. By accessing any areas of MobileBits’ Sites, Users agree to be legally bound and to abide by the terms set forth below.

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY PRIOR TO USE OF THE SITES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

I. DESCRIPTION OF THE SITES
MobileBits enables Users to submit search queries or questions by accessing the Sites. Users are responsible for obtaining access to the Sites, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, text messaging or other access and communication services fees).

Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all usage costs.

Currently, you can gain access to the Sites via a downloadable mobile application found at www.insertURLhere.com (insert link to our download application web page), via the web at www.insertURLhere.com or from your phone’s mobile browser at www.insertURLhere.com. Your access to the Sites may be restricted or limited by MobileBits or by your telecommunications provider and service plan.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of the Sites is at User's sole risk. Neither MobileBits nor its affiliates, subsidiaries nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, resellers, distributors, vendors, advertisers, partners, service providers or the like (collectively “Providers”) warrant that the Sites will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Sites, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Sites.

THE SITES ARE PROVIDED BY MOBILEBITS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBILEBITS AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOBILEBITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. UNLESS OTHERWISE NOTED HEREIN, MOBILEBITS AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MOBILEBITS NOR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TROJAN HORSE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF MOBILEBITS’ RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

User understands and agrees that User’s use of MobileBits’ Sites is at User’s sole risk. Under no circumstance shall MobileBits, its Providers or any other party involved in creating, producing, or distributing the Sites be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sites, including but not limited to reliance by User on any information obtained from MobileBits or its Sites or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to MobileBits' records, programs or Sites. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and Sites made available by MobileBits. This limitation of liability clause applies even if MobileBits or its Providers knew or should have known about the possibility of damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law and User agrees that MobileBits’ and its Providers’ liability to User under these terms shall not exceed Six Dollars $6.00 (USD), total.

You agree to defend, indemnify and hold harmless MobileBits and its Providers from and against any claims, damages, costs and expenses, including all costs of legal proceedings and attorneys’ fees arising from and in connection with use of the Sites by you, or in connection with a violation or breach of these terms by you, including but not limited to, your violation of any laws governing communications or intellectual property.

User acknowledges and agrees that any and all disclaimers in these Terms of Use and Service and the provision of these Terms of Use and Service are a fair and reasonable allocation of risk between User and MobileBits.

III. CONTENT

A. PROPRIETARY RIGHTS

MobileBits.com and MobileBits are trademarks or service marks of MobileBits. All rights reserved. These and other MobileBits graphics, logos and service marks and trademarks of MobileBits and/or its subsidiaries, affiliates may not be used without prior written consent of MobileBits or its affiliates, as the case may be.

User acknowledges that MobileBits’ Sites contain information, data, software, mobile software applications, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Proprietary Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Proprietary Content is copyrighted as a collective work under U.S. and international copyright laws, and MobileBits and/or its subsidiaries and/or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Proprietary Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Proprietary Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Proprietary Content shall be governed by the software license agreement accompanying such software, if applicable.

To request consent to use any intellectual property of MobileBits and/or its affiliates, please contact us in writing at:

MobileBits Holdings Corporation
Attention: Intellectual Property Agent
1990 Main St.
Suite 750
Sarasota, FL 34236

MobileBits’ Sites may also display other trademarks, product names, company names, logos, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material which are property of third parties. Said materials may not be used without prior written consent of said third parties or their affiliates, as the case may be. To request consent to use any intellectual property of third parties or their affiliates, please contact them directly.

B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT

Except as set forth in Section III(A) above, titled “PROPRIETARY RIGHTS”, User may upload to or otherwise distribute on MobileBits’ Sites only content that is not subject to any copyright or other proprietary rights protection or content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither MobileBits, nor its Providers will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission.

By submitting content to any User submit areas in the SITES, including without limitation any product reviews or participation in any chat rooms, User automatically grants, or warrants, that the owner of such content has expressly granted MobileBits the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. User also permits any other User to access, store, or reproduce the content for that User's personal use. Subject to this grant, the owner of content placed on MobileBits’ Sites retains any and all rights which may exist in such content.

C. INFRINGEMENT CLAIMS

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, MobileBits has designated the following agent to receive Notifications of Claimed Copyright Infringement on its site:

MobileBits Holdings Corporation
Attention: Copyright Agent
1990 Main St.
Suite 750
Sarasota, FL 34236

If you believe that your work appears on MobileBits’ Sites in a way that constitutes copyright infringement, you may notify MobileBits and provide the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;
3. identification of the URL or other specific location on MobileBits’ Sites where the material that you claim is infringing is located;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
6. your address, telephone number and e-mail address.

D. THIRD-PARTY CONTENT AND THIRD PARTY DEALINGS

MobileBits is a distributor and not a publisher of content supplied by third parties. When Users ask questions, MobileBits’ Sites extract answers from content supplied by third parties. MobileBits has no more editorial control over such content than does a public library or newsstand. Neither MobileBits nor its Providers guarantee the accuracy, timeliness, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. MobileBits neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, or statement made on MobileBits’ Sites. Under no circumstances shall MobileBits or its Providers be liable for any loss, damage or harm caused by User's reliance on information obtained through MobileBits’ Sites. It is the responsibility of User to evaluate the information, opinion, advice, or other content available through MobileBits’ Sites.

INFORMATION PROVIDED VIA THE SITES IS NOT AND CANNOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF PROFESSIONALS SUCH AS DOCTORS, LAWYERS, ACCOUNTANTS, FINANCIAL ANALYSTS OR ADVISERS, PSYCHIATRISTS OR PSYCHOLOGISTS. IF YOU NEED ADVICE REGARDING A REGULATED FIELD, YOU MUST CONSULT WITH A PROFESSIONAL WHICH IS LICENSED OR QUALIFIED IN THAT AREA.

MobileBits’ Sites may contain advertisements, promotions and links to external websites which are not maintained by, or related to, MobileBits (“Unrelated Sites”). Such Unrelated Sites are provided as a service to Users and are not sponsored by or affiliated with MobileBits. MobileBits has not reviewed any or all of such sites and is not responsible for the content of those sites. MobileBits is not responsible for webcasting or any other form of transmission received from any Unrelated Sites. Unrelated Sites are to be accessed at the User's own risk, and MobileBits makes no representations or warranties about the content, completeness or accuracy of Unrelated Sites.

Shall User decide to obtain anything from any Unrelated Sites, even if offered through the Sites, User understands that said relationship is directly with the Unrelated Site and not with MobileBits. Shall User chose to assert a claim that relates to or implicates its relationship with an Unrelated Site, User shall only assert such claim against the Unrelated Site and not against MobileBits, even if MobileBits introduced User to the Unrelated Site or even if MobileBits assisted in billing for the Unrelated Site’s offering. User is solely responsible for its dealings with any Unrelated Sites. With that said, MobileBits recommends that Users visit the privacy policies and terms of use of Unrelated Sites.

E. EXPORT

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from MobileBits’ Sites to either a foreign national or a foreign destination in violation of such laws. If User accesses the Sites from a location outside of the United States, User is responsible for compliance with all applicable laws, and MobileBits accepts no responsibility for such access.

IV. ONLINE CONDUCT

By using any of MobileBits’ Sites, User is immediately bound by these Terms of Use and Service and by the Privacy Policy. There are no withdrawal rights or “cooling off” periods and User waives such withdrawal rights and “cooling off” periods unless the law requires withdrawal rights or “cooling off” periods despite User’s waiver, despite User’s use of the Sites or despite User’s use of the Sites upon completion of any sign-up processes.

Only User may use the account. User is responsible for all activity of that account. User is also responsible for keeping confidential User’s sign-on credentials.

User agrees to (i) use MobileBits’ Sites only for lawful purposes and in a lawful manner in compliance with all state, federal and/or international laws, rules and policies, (ii) follow MobileBits’ rules of conduct and (iii) keep account passwords and answers to secret questions secret and to notify MobileBits of any security breach related to its Sites.

User is prohibited from (i) engaging in, facilitating or furthering unlawful conduct, (ii) using MobileBits’ Sites in any way which harms MobileBits, its Users, customers, Providers, or any customer of MobileBits’ Providers, (iii) linking MobileBits’ Sites to any unsolicited bulk or commercial messages (spam), (iv) accessing and/or using MobileBits’ Sites via automated means, (v) disabling, damaging, overburdening or impairing MobileBits’ Sites, or attempting to do so, or modifying or rerouting MobileBits’ Sites, or attempting to do so, without proper authorization, (vi) impairing or interfering with others’ use of MobileBits’ Sites, (vii) selling, using, transferring, reproducing, modifying, editing, publishing, performing, displaying, posting, transmitting or distributing the transcript of any communication that you may have in connection with your use of the Sites without the written permission of MobileBits, (viii) uploading, posting, e-mailing, transmitting, or otherwise making available any content which infringes on any trademark, patents, copyrights or trade secrets or other proprietary rights of any party, (ix) reselling or redistributing MobileBits’ Sites, or attempting to do so, (x) using the Sites for commercial purposes, (xi) attempting to gain unauthorized access to any portion of the Sites by hacking, password mining or any other illegitimate means, (xii) submitting content which falsely expresses or implies that such content is sponsored or endorsed by MobileBits, (xiii) embedding any page of the Sites in frames running from other websites, (xiv) mirroring the Sites on another website or server, (xv) removing any copyright, trademark or any other proprietary rights notices contained in or on the Sites or (xvi) transmitting any worms, Trojan Horses, viruses, defects or any items of destructive nature.

Additionally, User is prohibited from posting on or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If MobileBits is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), MobileBits may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from MobileBits’ Sites. MobileBits may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate MobileBits’ Sites; or (iii) to protect the rights or property of MobileBits, its Users and Providers.

MobileBits reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual Users, MobileBits, MobileBits’ Providers, the communities that make up MobileBits and MobileBits’ Sites, or any rights of MobileBits or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither MobileBits nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither MobileBits nor its Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on MobileBits’ Sites.

V. SOFTWARE

If you download or receive MobileBits’ software, including, but not limited to applications (“Software”), you have the right to use the Software only for the authorized use on the mobile instrument or computer on which you downloaded the Software. MobileBits reserves all rights to the Software. We may notify you if a newer version is available.

User shall not disassemble, reverse engineer or decompile the Software. Additionally, User shall not copy, reproduce or distribute the Software. The Software is subject to United States export laws and regulations. User agrees to comply with all domestic and international laws and regulations which apply to the Software. These laws include, but are not limited to restrictions on destinations, end users and end use.

Additionally, if you remove or disable unwanted software such as adware, spyware, among others, it may cause some of MobileBits’ Sites not to work or not to work properly, or may even cause you to breach a license to use software. You are solely responsible for choosing what potentially unwanted software you want to keep, remove or disable.

VI. PRIVACY POLICY

In accordance with the terms of MobileBits' Privacy Policy, MobileBits respects the privacy of its Users. You can view MobileBits’ Privacy Policy here.

VII. TERMINATION OF USAGE

MobileBits may terminate User's access, or suspend User's access to all or part of MobileBits’ Sites without notice, for any conduct that MobileBits, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, MobileBits or its Providers.

Additionally, MobileBits may change the Sites or delete any Sites at any time, for any reason, with or without cause, with or without notice. Upon cancellation of the Sites, your right to use the Sites will cease immediately.

Also, MobileBits may release Sites in pre-release versions which may not work properly or up to standard with the way the final version might work. There may be interruptions to the Sites and/or extended downtimes. We may change the final version of any of our Sites or even decide not to release a final version at all.

VIII. USAGE BY CHILDREN UNDER 13

MobileBits will never knowingly or intentionally collect any personal information about children under the age of 13. If MobileBits obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not knowingly or intentionally collect such information, to the best of MobileBits' knowledge and belief, MobileBits has no such information to use or to disclose to a third party. MobileBits has designed this policy in order to comply with the Children's Online Privacy Protection Act.

However, MobileBits cannot prohibit minors from visiting or using its Sites. MobileBits must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

MobileBits requires that all Users be 13 years of age or older. EACH TIME YOU USE MOBILEBITS’ SITES, YOU ARE REPRESENTING TO MOBILEBITS THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER AND THAT YOU ARE IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY AND TERMS OF USE AND SERVICE.

IX. ASSIGNEMENT

MobileBits may assign this contract, in part or in its entirety, at any time without giving notice. User may not assign this contract. Any attempt by User to assign this contract or transfer the rights to use the Sites or any part of the Sites to anyone else is void.

X. NO THIRD PARTY BENEFICIARIES

This contract is solely for the benefit of MobileBits and your benefit, not any other person or entity, with the exception of permitted successors and assigns under this contract.

XI. CLAIM MUST BE FILED WITHIN ONE YEAR

Any claim related to these Terms of Use and Service, the Privacy Policy or the Sites, including claims relating to purchases made through MobileBits’ Sites, may not be brought unless brought within one year of when the claim could first be filed. If not filed within said time period, then that claim is permanently barred. This applies to you and your successors and to us and our successors and assigns.

XII. NOTICES

You may notify us by contacting us at termsofuse@mobilebits.com.

MobileBits has the right to send you information in connection with MobileBits’ Sites. There may also be additional information which the law requires us to send you. We may send you all information in electronic form via (i) email address you provided us with at the time you signed up for the Sites, (ii) by access to a MobileBits website that will be designated in an email notice sent to you at the time the information is available or (iii) by access to a MobileBits website that is generally designated in advance for this purpose.

All notices provided by e-mail will be deemed delivered and received on the date of transmission of the e-mail.

If you do not consent to receive notices electronically, you must stop using MobileBits’ Sites.

We may also communicate with you by telephone, in accordance with your wishes.

XIII. APPLICABLE LAW

This site and MobileBits’ Sites are created and controlled by MobileBits in the State of Florida. As such, the laws of the State of Florida will govern the disclaimers, terms and conditions and the privacy policy, without giving effect to any principles of conflicts of laws. MobileBits reserves the right to make changes to its Sites and these disclaimers, Terms of Use and Service and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the state or federal court with competent jurisdiction in Sarasota County, Florida for any litigation arising out of or relating to these Terms of Use and Service, the Privacy Policy, the use of MobileBits’ Sites and relating to purchases made through MobileBits’ Sites (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Florida, Sarasota County, and agrees not to plead or claim in any court of the State of that such litigation brought therein has been brought in an inconvenient forum.

XIV. SEVERABILITY

The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability and will remain in full force and effect to the extent not held invalid or unenforceable, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. These Terms of Use and Service supersede any prior contract or statements regarding the use of MobileBits’ Sites.

XV. MISCELLANEOUS

The failure of MobileBits to exercise or enforce any right or provision of these Terms of Use and Service shall not constitute a waiver of such right or provision.

The headings used in these Terms of Use and Service are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms of Use and Service.

Nothing in these Terms and of Use and Service shall be construed to establish a partnership, joint venture, agency, employment or other business relationship with MobileBits or its Providers.

XVI. ACKNOWLEDGMENT

These Terms of Use and Service came into effect on December 5th, 2011.

The Terms of Use and Service, including all documents referenced herein, and the Privacy Policy represent the entire understanding between you and MobileBits regarding your relationship with MobileBits and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using MobileBits’ Sites. The aforementioned Terms of Use and Service are subject to change. When we change the aforementioned Terms of Use and Service in a material way a notice will be posted on our Website for 60 days along with the updated aforementioned Terms of Use and Service. Your use of our Website, our Sites and any other service provided by the

Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult the aforementioned Terms of Use and Service prior to every use for any changes.

All contents of this site are Copyright © 2011 MobileBits Corporation All rights reserved.

MobileBits Holdings Corporation Privacy Policy


(Last Updated December 5th 2011)

Protection of your privacy is of the utmost importance to MobileBits Holdings Corporation (“MobileBits”). Please read this Policy (“Policy”) as it sets forth our current privacy practices with regard to the information we collect when you access, use and interact with MobileBits’ website (“Website”), mobilebits.com, and MobileBits’ software, including applications, via any means of access, including, but not limited to mobile and non-mobile access via any application or browser (collectively “Sites”). By using MobileBits’ Sites, you acknowledge and fully understand the Policy and freely consent to the information collection and use practices described in this Policy, as well as the Terms of Use and Service (RD - insert link to Terms of Use page). IF YOU DO NOT AGREE TO THE PRIVACY PRACTICES DESCRIBED IN THIS POLICY, PLEASE DO NOT ACCESS OR USE MOBILEBITS’ SITES.

1. Your Information

a. What Information Does MobileBits Collect?

MobileBits may ask you to provide and may collect the following information:
- Personally identifiable information such as your name, e-mail address, alternate e-mail address, telephone and fax number, home and work address.
- Your location through Global Positioning System Location Technology (“GPS”) on your mobile phone, when available.
- Demographic information such as your age, gender, zip/postal code, interests, preferences, and favorites.
- Shall you choose to make a purchase or subscribe to MobileBits’ Sites, MobileBits may request billing information such as your credit card number and credit card information, as well as your billing address and telephone number.
- MobileBits automatically records all search queries made within the Sites, the results of all said search queries and any communications by, to or with MobileBits.
- Shall you use your mobile phone to access MobileBits’ Sites, we may record information including the originating mobile phone number, the service provider, the audible or text content of any communications with, by or to MobileBits and the time and date of the communications. MobileBits may link personally identifiable information provided by you with your telephone number.
- Also, shall you use your mobile phone to access MobileBits’ Sites, we may use your mobile phone number as alternative credentials.
- MobileBits’ servers automatically recognize information such as domain names, IP addresses, state or country from which you accessed the Sites, name of your internet service provider, access dates and times, kind of computer used, browser and platform types and sizes, browser add-ons and languages, the address of the last URL visited before clicking through to the Sites, referring website addresses, number of links you click within MobileBits’ Sites, the data in any undeleted “cookies” the browser previously accepted, the search engine(s) and the search terms used to find MobileBits Sites and the Sites and products and the pages viewed within MobileBits’ Sites.
- Our Sites may issue you an account number or allow you to create a username and password based on your personally identifiable information, along with security questions and answers in order for MobileBits to verify your identity, if necessary.
- Information volunteered by you, such as survey information, registrations and communications with MobileBits.
- Information obtained by MobileBits through web beacons and cookies, as described below, such as pages you have visited, links and communications you have opened and actions taken by you within MobileBits’ Sites.
- Shall you use the Sites’ voice activated tools, we may record and collect your voice inputs.
- MobileBits may also collect information regarding your page views of MobileBits advertising contained within and outside of MobileBits’ Sites.
- MobileBits may receive Outside Information about you. For purposes hereof, “Outside Information” shall include any non-personally identifiable information received from a third party or from other sources of information outside of MobileBits including information located in public databases.

b. How Does MobileBits Use Your Information?

MobileBits uses your information to:
- Provide support for MobileBits’ internal operations.
- Carry on and improve the content of MobileBits’ Sites.
- Customize the content and/or layout of MobileBits’ Sites for you.
- Communicate with you.
- Verify or enforce compliance with the policies governing MobileBits’ Sites and applicable laws to protect against misuse or unauthorized use of MobileBits’ Sites.
- Provide you with customer service, information, marketing and advertising tailored to your needs, wants and location.

c. Does MobileBits Share Any of Your Information?

Third Parties Generally
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of the Sites. For example, we might inform third parties regarding the number of unique users who visit the Sites, the location information and demographic breakdown of our registered users, or the products and/or services purchased using the Sites and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

Outside Contractors
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Sites, such as hosting and maintenance, providing credit card processing and fraud screening, and developing applications. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information we collect, including your personally identifiable information. Any information about you that we provide to Outside Contractors will be treated by those Outside Contractors in accordance with the terms of this Policy.

Third Party Sellers/Other Websites In addition, through the Sites, you may be given the opportunity to purchase or to obtain more information regarding certain content, products or services that are offered by parties other than us (collectively, "Merchant(s)"). We will attempt to make it clear to you when you are dealing with a Merchant by opening a new browser or otherwise notifying you that you are leaving the Sites. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than MobileBits, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Merchants may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Merchant. This information is used by the Merchant and may be subject to a different privacy policy. We are not responsible for the privacy practices of Merchants. We encourage you to be aware when you are linked to Merchants' websites and to read the privacy policies or statements of each and every Merchant website. This Policy applies solely to information collected by MobileBits’ Sites. We do not otherwise share or disclose your personally identifiable information to Merchants.

Sale of Business We reserve the right to transfer information, including personally identifiable information, about you to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of MobileBits, provided that the third party agrees to adhere to the terms of this Policy.

Affiliates
We may disclose information, including personally identifiable information, about you to our Affiliates. For purposes of this Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with MobileBits, whether by ownership or otherwise. Any information about you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Policy.

d. Who Does MobileBits Share Personally Identifiable Information With and For What Purposes?

- MobileBits will share personally identifiable information with its Affiliates to provide support for internal operations, to carry on and improve their offerings, to occasionally send you information on products, services, special deals and promotions and to fulfill your inquiries and request for products or services.
- MobileBits will share personally identifiable information as required to fulfill your inquiries and request for products or services.
- MobileBits may provide your personally identifiable information to trusted businesses for the purposes of processing personally identifiable information on our behalf. We require that these parties process your information in compliance with this Policy. For example, MobileBits may use outside shipping companies to ship orders, and credit card processing companies to bill users for goods and services. MobileBits also hires other companies to perform services such as hosting, processing transactions, analytical services, etc. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
- MobileBits will share your personally identifiable information with your consent. For example, MobileBits partners with other parties to provide specific services. When you sign up for these services, we will share personally identifiable information that is necessary for the third party to provide these services. Also, MobileBits may offer co-branded services along with another company. Upon your registration for said services, both companies may receive said information. We also may transfer personally identifiable information to certain of our advertisers that you have explicitly requested to receive information from.
- MobileBits may disclose or transfer your personally identifiable information to a purchaser or transferee of all or a portion of MobileBits’ assets in conjunction with the sale or transfer of such assets; however, we will provide notice on our Sites before personally identifiable information becomes subject to a different privacy policy.
- Aside from the above, MobileBits reserves the right to disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal processes; (b) protect and defend the rights or property of MobileBits, its Affiliates, subsidiaries, its officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, resellers, distributors, vendors, advertisers, partners, service providers and the like (collectively “Providers”); and, (c) act in good faith to protect the personal safety of MobileBits’ Providers, customers and the public.

e. How Do You Access Your Information?

If you want to access, correct, update or delete some of the information that we collect and process about you, you may submit your request in writing to privacy@mobilebits.com.

Is Your Personal Information Secure?

The security of your personally identifiable information is important to MobileBits. We follow generally accepted industry standards to protect the personally identifiable 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 personally identifiable information, we cannot guarantee its absolute security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. If you have any questions about security on MobileBits’ Sites, you can email us at privacy@mobilebits.com.

If you choose to use MobileBits’ Sites or if you choose to register for an account, you may be required to select a password. Passwords may be changed at any time after you first log into the service by using your current password. You must keep your password confidential and you must not share this information with anyone. If you share a computer with anyone, you should always log out of the Sites before leaving it to prevent access to your information from subsequent users of that computer.

MobileBits may store and process information in the United States or any other country in which MobileBits or its Providers maintain facilities. By using MobileBits’ Sites you consent to any such transfer of information outside of the United States of America.

2. Advertising

The advertisements appearing on MobileBits’ Sites may be delivered to you by us or our advertisers.

MobileBits may use cookies, web beacons, and/or GPS in its Sites and advertising. These cookies, web beacons and GPS technology, as defined below, allow the ad server to recognize your computer or mobile phone. In this way, ad servers may compile information about (i) where you saw their advertisements and determine which ads are clicked on and about (ii) where you are located in order to provide you with targeted advertising. This information allows us to deliver targeted services and advertisements that we believe will be of most interest to you. The information that we collect and share through this technology is not personally identifiable. In order to opt out of personalized mobile ads you can turn off the GPS setting on your phone or decline authorization for us to have access to your GPS location when you use the Sites.

This Policy covers the use of cookies, web beacons and GPS technology by MobileBits and does not cover the use of cookies, web beacons and GPS technology by any other parties.

We may also provide third party ad delivery and allow third party ad-serving companies, including other ad networks, to display advertisements on MobileBits’ Sites.

3. Cookies

MobileBits’ Sites use cookies to assist you with making your online experience more individualized. A cookie is a text file that is placed on the hard disk of your computer by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Cookies are used for convenience and to save you time when you next visit MobileBits’ Sites. The purpose of a cookie is to tell the web server that you have returned to a specific page, so that when you visit the site again, the experience will be personalized. You have the ability to accept or decline cookies.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies from the Sites, you may also choose to be logged into the Sites automatically. If you choose to decline cookies, you may not be able to fully experience the interactive features of MobileBits’ Sites or the other websites that you visit and you may experience technical problems receiving current information from such cookie- disabled websites.

Web Beacons or GIF files

MobileBits’ Sites may contain electronic images known as web beacons, also referred to as single-pixel gifs, that permit MobileBits to count users who have visited those pages, to deliver co-branded services and for other related website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity). Additionally, MobileBits may include web beacons in e-mail messages or newsletters in order to determine which messages have been opened and acted upon.

Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our operation of the Sites, our advertising campaigns and email communications. These web beacons may be used by these third party service providers to place a persistent cookie on your computer. This allows the third party service providers to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our third party service providers to learn which advertisements and emails bring you to our Sites and how you use the Sites. MobileBits prohibits web beacons from being used to collect or access your personal information.

MobileBits may work with other companies that advertise on MobileBits’ Sites to place web beacons on their sites in order for us to develop statistics regarding how often clicking on an ad on MobileBits’ Sites results in action on the advertiser’s website.

5. Global Positioning System Location Technology

Our Sites may use signals from satellites to pinpoint the location of mobile users in order to provide you with targeted services, marketing and advertising tailored to your needs, wants and location. You may deactivate the GPS service by accessing your mobile phone settings and turning it off or by opting to decline MobileBits access to your GPS location when you use the Sites. This may have an impact on the use of MobileBits’ Sites and on taking advantage of certain unique features of the Sites.

6. Voice Activated Search

MobileBits’ Sites may offer voice activated search tools. If you choose to utilize the voice activated search tools, you consent to MobileBits recording and collecting your voice inputs. Some inputs will be used to provide you the service and to improve our products and services.

7. Communications From MobileBits’ Sites


a. Communications Choice/Opt-out- Other than Service-Related Announcements and Customer Service communications (each described below), you may elect not to receive updates or notifications from MobileBits. If you wish to no longer receive these announcements and communications, you have the option to unsubscribe directly in our e-mails.
b. Special Offers and Updates- We will occasionally send you information on products, services, special deals and promotions. You can sign up for these emails on our registration page. If you wish to no longer receive this type of information, you have the option to unsubscribe directly in our e-mails.
c. Newsletters - If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletters to you. Out of respect for your privacy, we will provide you a way to unsubscribe directly in our e-mails.
d. Service-Related Announcements- We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if one of our Sites is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
e. Customer Service- Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your account number or your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. Generally, you may not opt-out of these communications, which are administrative in nature.

8. Children

MobileBits’ Sites are not designed for or directed to individuals under the age of 13. MobileBits will never knowingly or intentionally collect any personally identifiable information about children under the age of 13. If MobileBits obtains actual knowledge that it has collected personally identifiable information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not knowingly or intentionally collect such information, to the best of MobileBits' knowledge and belief, MobileBits has no such information to use or to disclose to a third party. MobileBits has designed this policy in order to comply with the Children's Online Privacy Protection Act.

However, MobileBits cannot prohibit minors from visiting or using its Sites. MobileBits must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

MobileBits requires that all Users be 13 years of age or older. EACH TIME YOU USE MOBILEBITS’ SERVICES, YOU ARE REPRESENTING TO MOBILEBITS THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.

9. Changes to this Policy

The terms and conditions in this Policy came into effect on November __, 2011. If we decide to change this Policy, we will post the modified Policy on our Website to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it.

We reserve the right to modify this Policy at any time, so please review it frequently. A user is bound by any minor changes to the policy when she or he uses the Sites after those changes have been posted. If, however, we are going to use a user’s personally identifiable information in a manner materially different from that stated at the time of collection, we will notify by posting a notice on our Website for 60 days.

Your use of our Website, our Sites and any other services provided by the Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy policy prior to every use for any changes.

10. Disclosure of Information

You always have the right to refrain from providing any information (other than information required for registration). This may have an impact on use of MobileBits’ Sites and on the ease of making, or ability to make, purchases or taking advantage of certain unique features of said Sites, products and services. By providing information about third parties, you represent that you have all necessary authority and/ or obtained all necessary consents from such person to authorize us to collect, use and disclose the information of such third parties. All such information shall be governed by the terms of this Policy.

11. Contacting MobileBits

If you have any questions or suggestions regarding our Policy, please contact us at:
MobileBits Holdings Corporation
c/o: Privacy Policy Requests
1990 Main St., Suite 750
Sarasota, FL 34236
(E): privacy@mobilebits.com

Additionally, MobileBits welcomes feedback regarding this Policy. If at any time you believe that MobileBits has not adhered to this Policy, please contact us and we will use all commercially reasonable efforts to promptly determine and correct the problem.

12. Notice to California Residents

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please write to us with a reference to California Disclosure Information at:

MobileBits Holdings Corporation
c/o: Privacy Policy Requests/California Disclosure Information
1990 Main St., Suite 750
Sarasota, FL 34236
(E): privacy@mobilebits.com

BY USING THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT USE THE SITES. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THIS POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES. BY ACCEPTING THIS POLICY, YOU HEREBY CONFIRM THAT YOU KNOW THAT THE WEBSITE IS A WEBSITE OPERATED BY COMPANY IN THE U.S., AND YOU CONSENT TO THE TRANSFER OF YOUR PERSONAL DATA TO THE U.S., WHERE YOUR PERSONAL DATA WILL BE SUBJECT TO U.S. LAW AND, IF YOU LIVE OUTSIDE OF THE U.S., WHERE THE LEVEL OF DATA PROTECTION MAY BE DIFFERENT COMPARED TO YOUR COUNTRY.

All contents of this site are Copyright © 2012 MobileBits Corporation. All rights reserved.