Service agreement

MDIGGER® SERVICE AGREEMENT FOR DEVELOPERS

PLEASE READ THE FOLLOWING SERVICE AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON LABELED “I ACCEPT” THAT IS DISPLAYED BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SERVICE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THUS BY CLICKING THE “I ACCEPT” BUTTON YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A LEGAL BINDING CONTRACT. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTIONS OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, CLICK THE BUTTON LABELED “CANCEL” OR “DO NOT ACCEPT”

Welcome to the mDigger® Developer Community. mDigger® Service, its Websites and the related channel template building tools are brought to you by mDigger, Inc.

1. WHAT THESE TERMS OF SERVICE COVER

These Terms of Service constitute a legal contract being entered into by and between you (“you”) and mDigger, Inc. (“we”, “us” or “our”), regarding your use of all aspects of the mDigger® Service (the “Service”) and your voluntary development of mClips (“templates”) with the intention of having them published within the Service as channels. By using this Service or by developing templates for it, you are agreeing to be bound by the following terms and conditions including any subsequent amendments and any rules, developer guidelines or policies, including our Privacy Policy (available at http://www.mdigger.com/privacy.html) that may be published on the mDigger® Websites (collectively, “Terms of Service”). If you do not unequivocally consent to the terms and conditions set forth in this Agreement, you may not access or use the mDigger® Service or develop templates for it.

Please note that we do not provide warranties for the service. This agreement also limits our liability. These topics are discussed in sections 19 and 20, and we ask you to read them carefully.

2. DESCRIPTION OF SERVICE & DEVELOPING TEMPLATES FOR IT

mDigger® Service utilizes special templates to create structured selections of informational content from a vast array of external sources (such as Websites). Each structured selection of information is called a channel.

2.1 How to Use the Service

After signing up for mDigger® Service, you may go to our “Catalog” section in order to browse and select specific mDigger® templates to add to your “Dashboard”. By adding a template to your Dashboard you are effectively signing up to receive that channel. Each template creates one channel and presents its external information to you in a format that has been defined in the template and customized for optimal viewing on your specific mobile device(s) or computer (subject of course, to supported devices and operating systems).

Our Service may be accessed directly from your mobile device with the aid of the mDigger® client application (“Software”), called mDigger Reader, that was installed onto your mobile device(s) or, alternatively (for mobile device users only).

2.2 Developing Templates for the Service

You may develop your own templates and make them generally available within the mDigger® Service for all users to view and sign up to receive. Please visit us at http://developer.mdigger.com (you may log on to this site using your regular mDigger® Service user ID and password) for more information.

In order to develop and test templates you can download and install mDigger® Template Builder and the related documentation after reading and accepting the license agreement. Please refer to the instructions on our developer Website (http://developer.mdigger.com) for details on how to do this.

After you complete your template you will need to fill out a simple online form and sign this developer service agreement with us to be able to view and test it on our Server. When you are done testing your template, you may then submit an email to us in order to have it published within the Service’s catalog. mDigger® reviews all templates prior to publication and has the right to refuse publication. If approved, your template will be published within the Service free of charge. Please note that mDigger® and mDigger, Inc. do not generally offer payment or compensation in any form to developers for their templates.

As the developer, you will be the owner of any mClips that you create; however mDigger® will be the publisher of your templates within the Service. If you wish to become your own publisher within the Service or otherwise conclude a commercial agreement relating to template development and publishing, please contact the mDigger® sales team at sales@mdigger.com.

3. WHEN YOU MAY USE THE SERVICE

In order to use the mDigger® Service, you must first complete the sign-up process. The sign-up process consists of the following steps: (1) download application from Apple iTunes AppStore, (2) reviewing and accepting the terms and conditions of the Service Agreement and our Privacy Policy, (3) selecting the channels you wish to subscribe to by adding them to your Dashboard, and, by then installing the version(s) of our Software that is/are appropriate for your specific mobile device(s) and/or computer(s) including reviewing and accepting the terms and conditions of the license agreement for each version of Software installed.

4. DEVELOPER REGISTRATION, PASSWORD, SECURITY & USER INFORMATION

4.1 In order to register for the mDigger® Service as developer you need only to provide us with your email address (which becomes your login name) and create a password. Once you do this, an account will be established for you. Please note that your mDigger® login name and password are used to log into the mDigger developer Website (http://developer.mdigger.com). You are responsible for maintaining the confidentiality of your login name and password and for all activity that takes place with your account. Only you may use your account. You may not authorize any third party to access and/or use the service on your behalf. Furthermore, you may not transfer or sell your account to another party.

4.2 In order to publish any templates you develop to our Server or catalog, you will need to fill out a simple online form providing certain basic information (name and contact information) about yourself. This information will only be used to contact you in relation to your development activities. It will be kept confidential any treated in accordance with our privacy policy. You agree to provide us with accurate information in this form and are responsible for any problems or difficulties that may result if the information you provide us is inaccurate or outdated.

4.3 If you become aware of any unauthorized use of your password or account, you agree to notify us immediately. We are not liable for any losses incurred in cases of illegal use of login names and passwords by other parties.

4.4 From time to time, we may request that you participate in a survey about the Service or we may offer you additions or upgrades to the existing Service. In such cases we may ask you to provide certain information about yourself including general demographic information or information about preferences as they relate to the Service. Your decision to provide us with the requested information is voluntary. We retain the right to use any information you provide us with at our discretion and in accordance with our Privacy Policy at: http://www.mdigger.com/privacy.html

5. HOW YOU MAY USE MDIGGER® SERVICE

5.1 In using the Service, you agree to:

abide by all local, state, national and international laws and regulations applicable to your use of the Service;
obey any codes of conduct, rules, usage policies or other notices we provide or post on the mDigger® Websites;
only display the content of the Service for your own personal use (i.e., non-commercial use);
keep your service account user ID and password secret; and
immediately notify us if you learn of a security breach related to the Service.

5.2 Only for personal use

You may only use the Service and/or develop templates for the Service for personal and non-commercial use. If you wish to offer the Service to users of your own applications, websites or other services or to develop and use mDigger® templates for your own applications or services then you must conclude a separate agreement with Quarta Mobile, Inc. For more information on how to do this, please contact us via email at: sales@mdigger.com.

6. HOW YOU MAY NOT USE THE SERVICE

6.1 In using the Service, you may not:

create user accounts by automated means or under false or fraudulent pretenses;
copy, reproduce, alter, modify, create derivative works, or publicly display any content received through the Service;
use the Service to increase traffic to your Website for commercial reasons unless you have concluded a separate agreement with mDigger, Inc. for commercial use of the mDigger® Service. For information on how to do this, please contact us via email at: sales@mdigger.com.
use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “mDigger affiliates”), or any customer of a mDigger affiliate;
use any portion of the Service as a destination from which any unsolicited bulk messages or unsolicited commercial messages (“spam”) originate or are linked to;
use any unauthorized third party software or service with the Service;
use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by the Service, or “meta-searching”);
use any data mining, robots, or similar data gathering and extraction methods;
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service;
resell or redistribute the Service, or any part of the Service;
access or attempt to access any software or content you are not authorized to access; or
attempt to gain illegal access to any user ID in the mDigger® Service or the computer networks or systems relating to the mDigger® Service.

6.2 You may not use any programs or device software which reduces the number of users that directly or indirectly contact or are using the Service.

6.3 You may not alter copy, distribute, transfer, demonstrate, present the Service or use the Service as the basis for creating your own products, or assign or sell any information, products and services or templates, including templates that you develop yourself that are part of the mDigger® Service.

If you do not know whether your intended use of the Service is permissible, please contact us at sales@mdigger.com.

7. CONTENT ACCESSED THROUGH TEMPLATES YOU DEVELOP FOR THE SERVICE

7.1 Title, ownership rights, and intellectual property rights to the content accessed through the templates you develop is the property of the applicable content owner(s) and may be protected by applicable copyright or other law. This License gives you no rights to such content.

7.2 You agree to properly indicate and display the source/owner of content in any templates you develop using for the Service.

7.3 You agree that the information source(s) you utilize for developing templates must be publically available. If not, then you must obtain prior written permission from the owner(s) of the source content to utilize the content for developing a template or templates that may be published within the mDigger® Service. mDigger, Inc. has the right to request a copy of such written permission from you in applicable situations.

7.4 You agree not to breach the rules, regulations, security requirements or user agreements associated with any Websites or other information sources whence you are obtaining information for developing templates.

7.5 You understand and agree that mDigger, its officers, employees and affiliates assume no liability for the manner in which you access source information in order to develop templates for the Service. You agree to indemnify mDigger, its officers, employees and affiliates for any breach of copyright or other intellectual property or ownership rights that results from any templates you develop, whether such breach was made knowingly or unknowingly.

8. TEMPLATE CONTENT & PUBLISHING TEMPLATES WITHIN MDIGGER® SERVICE

8.1 Completed templates must be submitted to the mDigger® Team for review and approval prior to publication within the mDigger® catalog as channels (you can find instructions on how to do this at http://developer.mdigger.com). We reserve the right to refuse to publish any new template or remove a previously published template for any reason. In the event that we refuse to publish a template you submit, or remove a template of yours that was previously published, we will attempt to provide you with the reasoning for the refusal or removal; however we are not obligated to do so. Please note that we reserve the right to limit the number of templates any one developer may publish in our catalog and will post the current limit on our mDigger® Developer Website. If you do wish to publish more than the current limit, please send an email to the mDigger® team.

8.2 Templates should not contain any direct or indirect content (links, advertisements, etc.) that:

promotes or could be construed to promote illegal activity;
facilitates the purchase or sale of illegal substances or pornographic materials;
contains hateful, explicitly violent, threatening or harassing messages
contains openly discriminatory material;
contains sexually explicit images or material.

We may also refuse to publish templates that:

misrepresent their source or content;
are used solely as an advertising mechanism (unless agreed upon separately in writing with mDiger, Inc. ahead of time);
contain content promoting mDigger® competitors or linking to their sites;
in cases where we are unable to adequately review the template content (for instance if the content is published in an exotic foreign language); or
in cases where the template does not work properly, contains errors or is not properly maintained.

8.3 Once a template has been approved for publishing, it will be added to the mDigger® catalog and be available as a channel for all mDigger® users to sign up to receive. Please note that it is your responsibility as the developer to support your template(s). This includes keeping track of any modifications in URL’s, correcting any errors, etc. We do not assume responsibility for supporting the functionality of templates that you publish.

8.4 You may, at your sole discretion, at any time delete or modify any of your published templates (please refer to our site at http://developer.mdigger.com for instructions on how to do this).

9. USER & DEVELOPER SUPPORT

We supply information for both users and developers on our web pages and within the forum of the mDigger® Websites. If you have questions or problems concerning the mDigger® Service or developing templates for it that you are not able to resolve after reviewing the information available on the mDigger® Websites, please contact us at the following email address: support@mdigger.com.

10. RIGHTS & RESPONSIBILITIES RELATING TO TEMPLATE CONTENT, THE SERVICE AND APPLICATIONS

10.1 Our Service lets you subscribe or unsubscribe to a variety of mDigger® channels. All channels that are formed by the templates derive their content from external sources and the information they provide is not the property of Quarta Mobile unless otherwise stated. All copyrights and other intellectual property rights to channel content belong to their legal owners.

10.2 We are not responsible for the information used to form the channels or for the quality of the processing of this information. By providing you, as a user, with access to the channels, we neither approve nor disapprove of their content nor are we cooperating with the providers of this content.

10.3 We own and retain all intellectual property rights to the mDigger® Service.

10.4 We own and retain all intellectual property rights to any mDigger® Applications (used to create Templates) that we develop or have developed ourselves.

10.5 From time to time we may cooperate with third-parties (“third party Publishers”) who publish Applications for our Service. If the published Applications were not developed by us, then we do not claim any ownership rights to these Applications. Instead, all intellectual property rights to the said Applications belong to their developers and/or the third party Publishers.

10.6 Our responsibility for Applications published on the mDigger® Website by third party Publishers is limited to ensuring basic functionality of the Application within our Service. We are not responsible for what a third party Publisher’s Application does, for granting access to it or for the informational content resulting from it.

11. RESTRICTED ACCESS TO SOME TEMPLATES

11.1 Access to certain mDigger® Templates used to create specific channels may be restricted to persons 18 and older and a separate sign-up and/or age verification process may be necessary in order to subscribe to such Templates.

11.2 Some channel templates included in our Service’s catalog may have been “published” to the catalog by third party Publishers with our permission. In such cases the third party Publisher has the right (but no obligation) to establish separate sign-up and/or subscription criteria for its Channel Template, as well as additional terms of use, including the right to charge users for access to its Channel Template.

Any separate sign-up criteria and/or terms of use agreement required in such cases will be presented to you when you attempt to add the Channel Template to your Favorites.

Depending on the how the third party Publisher chooses to operate, it may or may not make its Channel Template available immediately after completion of the additional sign-up process and/or terms of agreement are accepted. In some cases there may be a delay of one or more days until the third party Publisher processes and/or authorizes your subscription to its Channel Template.

If no separate criteria and/or separate terms of use are presented, then it may be assumed that the third party Publisher is providing you access to the Channel Template under the existing terms and conditions contained in this Agreement.

12. RIGHT TO DISCONTINUE AVAILABILITY OF TEMPLATES AND THE RESULTING CHANNELS

In our sole discretion and without notice we reserve the right, but not the obligation, to

a) delete any Template from the Service and/or from your account;

b) make modifications to any Template available through the Service;

c) prevent access to any Template available through the Service;

d) substitute one Template for another; and

e) add new Templates to the Service.

13. INTERNET ACCESS & WIRELESS SERVICE PROVIDERS

Our Service does not include Internet access or wireless airtime or data transfer. You are responsible for any charges (airtime, data transfer, Internet access, etc.) due to your wireless and/or Internet providers incurred as the result of using our Service.

14. PRIVACY

We consider your use of our Service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Quarta Mobile, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the Privacy Policy at: http://www.mdigger.com/privacy.html.

15. RIGHTS TO FEEDBACK & SUGGESTIONS

We need your feedback, comments and suggestions in order to continuously improve the services we provide you and other users. By submitting your feedback, comments and/or suggestions you must understand that we acquire all rights to use such feedback, comments and suggestions without any limitations. By submitting your feedback, comments and suggestions you simultaneously guarantee that you either directly or indirectly have the rights to do so, and allow us to do the following:

use, alter, copy, distribute, transfer, publish, demonstrate, execute, reproduce, license, use as a basis for creation of other products, assign or sell such feedback, comments and suggestions;
license to third parties unlimited rights for carrying out any of the above rights in relation to feedback, comments or suggestions.

The above includes the right to use any property rights relating to the content of feedback including the rights derived from existing intellectual property legislation in accordance with our legal jurisdiction. We are not obligated to pay for the use of materials of such feedback, comments and suggestions. We are not obligated to publish or use such materials and may delete the materials any moment at our own discretion.

16. SOFTWARE

Your use of all software received from us or accessed on the mDigger® Website as part of the Service is regulated by the terms of the license or licenses that is/are presented to you for acceptance for that software. All software accessible for viewing and/or downloading on the web pages of the mDigger® Service or mDigger® Developer Websites belongs to us and our suppliers and is protected by copyright law and international agreements. Any reproduction or illegal distribution of software is prohibited by law and may result in serious civil and/or criminal legal charges.

Violators will be persecuted in the strictest manner permitted by law. WITHOUT LIMITATION TO THE ABOVE, ANY COPYING OR REPRODUCTION OF OUR SOFTWARE ON ANY SERVER OR IN ANY PLACE FOR FURTHER REPRODUCTION OR COPYING IS CATEGORICALLY PROHIBITED. We may automatically check your version of our Software. We may automatically download upgrades to the Software to your computer to update, enhance and further develop the service.

17. HOW WE MAY CHANGE THIS AGREEMENT

We may change this Agreement (MDIGGER® SERVICE AGREEMENT FOR DEVELOPERS) or delete or add features to the Service at any time and for any reason. When we do so, we will use reasonable means (for example an email message sent to you and a notice posted on thepages of the mDigger® Website or the mDigger® Developers Website) to provide notice of the change, including a “last modified” date on these Web pages You agree these forms of notice are reasonable and sufficient, and your continued use of the Service after notice of a change has been posted constitutes your acceptance of any changes. If you do not approve of the changes, you should cease your use of the Service. Therefore, we recommend you check this page and the mDigger® Websites periodically for updates to the MDIGGER® SERVICE AGREEMENT FOR DEVELOPERS.

18. TERM AND TERMINATION

This Agreement takes effect upon your acceptance of this Agreement (as evidence by you clicking on the “I Accept” button below) and remains effective until terminated. You may terminate this Agreement at any time by destroying all copies of the mDigger® Software and Documentation in your possession. This Agreement will also automatically terminate if you fail to comply with any term or condition herein.

We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without prior notification. Upon service cancellation your right to use the service stops right away. You agree upon termination of this license to destroy all copies of the Software and Documentation in your possession.

19. NO WARRANTIES

WE AND OUR AFFILIATES MAKE NO GUARANTEES OF THE APPROPRIATENESS, RELIABILITY, ACESSIBILITY, TIMLINESS OR ACCURACY OF THE INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES RECEIVED VIA THE MDIGGER® SERVICE. ALL SUCH INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY TYPE OF WARRANTY IN RELATION TO THIS INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES INCLUDING ANY IMPLIED WARRANTIES OR GUARANTEES OF COMMERCIAL VALUE AS WELL AS GUARANTEES RELATING TO SPECIFIC PURPOSES THAT DO NOT BREACH OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.

20. NO LIABILITY

NEITHER WE NOR OUR AFFILIATES SHALL BE DEEMED LIABLE UNDER ANY CONDITIONS FOR DIRECT, INDIRECT, PUNITIVE, ACCIDENTAL, SPECIAL, INDIRECT OR OTHER LOSSES, AS WELL AS LOSSES OF A DIFFERENT NATURE INCLUDING LOSSES RESULTING FOR THE LOSS OF USE, LOSS OF DATA OR PROFIT IN CONJUNCTION WITH THE USE OR QUALITY OF THE SERVICE’S FUNCTIONING. IN ADDITION, WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR THE PROVISION OF SERVICES OR THE ABRUPTION IN THE PROVISION OF SERVICES FOR INFORMATION, DATA, SOFTWARE, PRODUCTS OR SERVICES RECEIVED VIA THE MDIGGER® SERVICE AS WELL AS FOR ANY OTHER LOSSES IN RELATION TO THE USE OF THE MDIGGER® SERVICE RESULTING FROM AN AGREEMENT, BREACH OF CIVIL LAW, NEGLIGENCE OR ANY OTHER BASIS EVEN IF WE OR OUR AFFILIATES WERE NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.

IF YOU ARE NOT SATISFIED WITH THE WAY THE SERVICE OR ANY OF ITS ELEMENTS WORKS OR WITH ANY OF THE USER TERMS AND CONDITIONS CONTAINED HEREIN, THEN YOUR ONLY RECOURSE IS TO DISCONTINUE USE OF THE MDIGGER® SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

21. INDEMNIFICATION

You agree to indemnify, defend and hold mDigger, Inc. and its subsidiaries, affiliates, officers, and employees harmless from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service.

22. GENERAL PROVISIONS

22.1. Interpreting this Agreement / Entire Agreement

All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This is the entire Agreement between you and us regarding your use of the Service. It supersedes any prior agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Agreement do not limit the other terms of this Agreement.

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation about the Software.

22.2 No Assignment by You

You are not allowed to assign this Agreement or any rights hereunder.

22.3 Assignment by Us

We may, at our sole discretion, assign this Agreement or any rights hereunder to any third party without providing you with prior notice.

22.4 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA without giving effect to the conflict of laws provisions thereof, regardless of your actual state or country of residence.

22.5 Competent Court

Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the State of California, U.S.A.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE MDIGGER® SERVICE OR DEVELOP TEMPLATES FOR IT YOU EXPRESSLY CONSENT TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS AND GRANT US THE RIGHTS SET FORTH HEREIN.