Terms of use

I. Introduction

This Terms of Use (“Terms”) is an agreement between you (“you” or “user”) and Mobile Media Content – TICKETING3D. and its affiliates, website and application developers, vendors, and promotional partners.  (“the Company”, “we”, or “us”).  These Terms govern your access and use of our websites and online services that link to or post these Terms including but not limited to mobilemediacontent.com; ticketing3d.com; transfer3d.com; our applications on Facebook or other social media sites; and our mobile applications (“Applications”) (collectively, the “Services”).  By using the Services, you agree to be bound by these Terms.  If you do not agree to the Terms, you may not access or otherwise use the Services. 

We may, in our sole discretion, modify these Terms with or without notice to you.  The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made.  By continuing to access and use the Services after these Terms have been modified, you agree to such modifications.  Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features (including but not limited to the Clubs that appear under ticketing3d.com) or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time.  All such guidelines or policies are hereby incorporated by reference into these Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDES A JURY WAIVER.

If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services, and fulfill the obligations set forth in these Terms. 

II. Connectivity, Communications, Privacy

You must have an internet-enabled cell phone or device using either the iOS or Android operating system to access the Applications.  Normal carrier charges and taxes may apply to any content you obtain from the Services.  The Company is not responsible for any surcharges you incur from your cell phone or Internet service provider as a result of the use of the Services.

If you use the Applications, you will be asked when you first use the application whether you agree that to receive push notifications, including promotional push notifications from time to time.  You may stop receiving push notifications by disabling the push notification function on your mobile device.

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms.  Please carefully review our Privacy Policy.  By using the Services, you acknowledge that you have read and you agree to our Privacy Policy.  You agree that any disputes related to the privacy policy including any breaches in security or privacy will be subject to these Terms.

III. Copyright; Trademarks

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors and are subject to and protected by Spanish and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise.  All rights to the Materials not expressly granted in these Terms are reserved to their respective copyright owners.  Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner.  The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.  You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.  The trademarks, services marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, design marks, logo and uniform designs, design mark are the sole property of the Company and/or its licensors and may not be copied imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company. The Company will enforce its intellectual property rights to the fullest extent of the law.

IV. User Content and Conduct

Where applicable at the Services (e.g., message boards or by leaving comments), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted it on the Services, posted it as part of your profile, or privately transmitted it the Company, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share.  If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.,), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. 

THE COMPANY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.

By posting any User Content at the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed.  You specifically waive any “moral rights” in and to the User Content.  The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.  You represent and warrant that: (a) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV and (b) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of the Company, its users, and the public.  You understand that the technical processing and transmission of the Services, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting to networks or devices. You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide.  Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part.  No confidential or additional contractual relationship is established by your posting of User Content or is be implied by our review of subsequent use of your User Content.  The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services.  THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDED OF THE USER CONTENT. 

You agree that you will not use the Services to:

You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. The Company does not endorse or have control over what is posted as User Content.  User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services.  Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so.  If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content.  Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates these Terms or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.  In this regard, you acknowledge that you may not rely on any User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.

You are solely responsible for your interactions with other Services users.  The Company reserves the right, but has no obligation, to monitor disputes between you and other Services users, including disputes regarding the exchange of virtual currency or goods. The Company reserves the right to terminate your access to the Services if the Company determines, in its sole discretion, that doing so is prudent. 

You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, “Feedback”) submitted to the Company shall become the property of the Company.  The Company will not be required to treat any Feedback as confidential; will not be liable for any ideas in the Feedback (including without limitation, application, site, Services or advertising ideas); and will not incur any liability as a result of any similarities between the Feedback  and the Services or Company operations in the future. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

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