Privacy

Privacy Policy

 

Effective Date: December 4, 2012

Mocean Mobile, Inc. (“Mocean Mobile”, "we", "us" or "our") a division of Mojiva, Inc., is a technology company that simplifies mobile advertising and publishing. This Privacy Policy describes Mocean Mobile's privacy practices as they pertain to (i) visitors to our corporate website located at www.Moceanmobile.com (our "Web Site"), and (ii) our targeted advertising technology service ("Technology"). As we update and expand our services, this Privacy Policy may change. This Privacy Policy is incorporated into, and is part of, the Mocean Mobile Web Site Terms and Conditions, located at www.MoceanMobile.com/terms, and which governs your use of this Web Site in general. If you have any questions about this Privacy Policy, please feel free to contact us at admin@Moceanmobile.com.

Mocean Mobile complies with the U.S.-EU Safe Harbor Framework and the U.S. Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information (defined below) from European Union member countries.  Mocean Mobile has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/

I. WEB SITE PRIVACY POLICY

The Web Site is intended primarily to offer information about Mocean Mobile and to enable our advertising and publisher partners (collectively, our "Business Partners") to utilize our Technology.

What Information do you Collect on the Web Site and How is it Used?

We collect Personally Identifiable Information ("Personal Information") from the Web Site. Personal Information includes, for example, your name; home and/or business address; e-mail address; home and/or business telephone, wireless and/or fax number; credit card and other payment information; and/or other information that may enable us to contact or identify you as an individual.

For example, you may choose to send us Personal Information about yourself in an email or by completing an online form on this Web Site. We use this information only to contact you to respond to your inquiry. Once collected, we will store your Personal Information for a reasonable time for record keeping purposes. The information that we store is usually deleted as space requires or in the normal course of business.

You may also choose to send us Personal Information if you apply to be a Mocean Mobile Business Partner. We use this information to process your application and to administer your Business Partner account.

We also collect Non-Personally Identifiable Information ("Non-PII") from visitors to this Web Site. The Non-PII may include, without limitation, information such as a Web user's IP address, Web pages viewed by a Web user, date and time, domain type and the Web user's computer's operating system (e.g., Windows XP).

We use this information for internal system administration, to help diagnose problems with our server, and to administer the Web Site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider from visitors to this Web Site. We process information in a way that is compatible with and relevant for the purpose for which it was collected.

 

Cookies

We may use "cookies" in connection with this Web Site. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive. We use cookies to help us manage this Web Site, to customize the Web Site to your interests, and (for our Business Partners) to help manage your log in preferences. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using the Web Site, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site.

Clear GIFs

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") and/or similar technologies, in the Web Site and/or in our communications with you to enable us to evaluate how visitors are navigating through the Web Site. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message.

Third Party "Linked-To" Web Sites

When you are on the Web Site you may have the opportunity to visit, or link to, other sites not operated by Mocean Mobile, including other Web sites operated by unaffiliated third parties. These sites may collect Personal Information about you. Mocean Mobile does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites.

Accessing, Updating and Deleting Your Information

Mocean Mobile will allow an individual access to their Personal Information to the extent it is available and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. If you'd like us to update, correct, delete, or deactivate any Personal Information that you have provided to us on this Web Site, please send your request to us at admin@Moceanmobile.com and we will process your request within a reasonable period of time after receipt.

If you are a Business Partner, you may review and edit the Personal Information that is stored in your user account on this Web Site (e.g., postal address, telephone number and other contact information) by visiting a "My Profile" or similar area of your account on this Web Site or by e-mailing admin@Moceanmobile.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may send us new or updated information at any time. We will respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

II TECHNOLOGY PRIVACY POLICY

Overview of Mocean Mobile's Technology

Our Technology facilitates the serving of advertisements on the mobile web. Our Technology collects information about the mobile Web Site(s) ("WAP Sites") that you visit and the advertisements that you see while surfing the mobile web. You may encounter our Technology when Mocean Mobile or one of our Business Partners purchases advertisements on a WAP Site that you visit. We use the information collected by our Technology in order to help deliver those ads, and for reporting purposes (e.g., to tell our clients how many ads we've delivered in a day.)

What information is collected by your Technology and how is it used?

Mocean Mobile does not collect Personal Information via our Technology. Our Technology does collect and use Non-PII, including: the IP address used to access the mobile Internet, the type of phone or other mobile device used (e.g., Blackberry 8320, Nokia 4320), the date and time one of the mobile ads we facilitate was delivered and, if applicable, clicked.

Mocean Mobile uses this information to analyze trends and to help our Technology deliver and report on advertisements placement on behalf of our Business Partners. We also may aggregate this information and share it with Mocean Mobile's affiliates, advertisers, employees, customers and Business Partners.

Other than aggregate statistics, we rarely keep information collected by our Technology longer than 90 days.

Cookies and Clear GIFs

Mocean Mobile does not use cookies or Clear GIFs in connection with our Technology.

III. GENERAL INFORMATION ABOUT MOCEAN MOBILE'S PRIVACY PRACTICES

Disclosure of information to third parties

Service Providers

We may use third party partners to help us manage the Web Site and our Technology, and may share your information with those third party partners. (e.g., Web Site or database hosting companies, e-mail service providers, and Web Site analytics companies.) We disclose only that information which is reasonably necessary for our partners to perform the tasks we've assigned, and we require our partners to adhere to this privacy policy.

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Compelled Disclosure

We may disclose any information we have to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities.

Business Transfer

Mocean Mobile regards its databases of Business Partners and potential Business Partners (including their Personal Information) as a valuable asset. In the event that Mocean Mobile is or substantially all of its assets are, acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, any information that we have is likely to be part of the transferred assets.

Security

The security of your information is important to us. We have implemented reasonable security measures to protect the information in our care, both during transmission and once we receive it. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit. You may be able to create an account on our Web Site with a username and password. Passwords are encrypted and Mocean Mobile policies preclude access to passwords by anyone at Mocean Mobile or its service providers except on a need-to-know basis. If you do create a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Mocean Mobile of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to protect your password, control access to and use of your account, and notify Mocean Mobile when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

Information Relating to Children

Our products and services are designed for those 18 years of age and older. We do not knowingly collect Personal Information from anyone under the age of 18. If we are made aware that we have received Personal Information from someone under 18, we will use reasonable efforts to remove that information from our records.

Consent to Worldwide Transfer and Processing of Personal Information

When you give your Personal Information to Mocean Mobile, it may be processed by Mocean Mobile in all countries in which Mocean Mobile operates or in which its affiliates operate. Each of these countries has different privacy laws that afford varying levels of protection for your Personal Information. Regardless of the laws in place in these countries, Mocean Mobile will treat the privacy of your information in accordance with this Privacy Policy. By providing your Personal Information to Mocean Mobile, you consent to Mocean Mobile transmission to, and processing of your information in, any jurisdiction, in accordance with this Privacy Policy.

Changes to this Privacy Policy

Mocean Mobile reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Your continued access or use of the Web Site constitutes your acceptance of the changes. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of the Web Site or sending you an email.

Enforcement, Questions or Comments

In compliance with the U.S.–EU and U.S-Swiss Safe Harbor Principles, Mocean Mobile commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union and Swiss citizens and others with inquiries or complaints regarding this privacy policy should first contact Mocean Mobile via the information provided below:

Attention: Privacy Officer
 Mocean Mobile, Inc.
228 Park Avenue South, Ste 380-15
New York, NY 10003

e-mail:
admin@Moceanmobile.com 

Mocean Mobile has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if the Privacy Officer at Mocean Mobile does not satisfactorily address your complaint, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

The following terms and conditions of use (the "Terms and Conditions") govern your use of the Mocean Mobile Web Site (the "Site" or "Web Site"). Your use of certain areas or features of the Web Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. The Site is owned and operated by Mocean Mobile ("Mocean Mobile" or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. Your continued access or use of the Site constitutes your acceptance of the changes. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and Conditions. BY ACCESSING, USING, BROWSING, OR REGISTERING FOR SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. If you breach any of the Terms and Conditions, your authorization to access or use this Site or the products and services offered through it may be terminated without notice by Mocean Mobile. If you are an advertiser or publisher who registers to use the Web Site in connection with the placement of advertisements on publisher Web sites, other Terms of Use will apply to you with respect to such use.

  1. Proprietary Rights. As between you and Mocean Mobile, Mocean Mobile owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant to you ownership of any content, software, code, data, or materials you may access on the Site.
  2. Limited License. We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.
  3. Use of Site. You shall pay all costs and charges, including telecommunications equipment costs, that you incur in order to access or use the Site. You must adhere to all limitations on dissemination, usage and reproduction, of any materials that you access from the Site that are subject to such limitations. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of Mocean Mobile or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Mocean Mobile will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 

    Certain services will only be made available to users who have paid Mocean Mobile a fee for such services. Such users may additionally be required to enter into a participation agreement or other use agreement for that particular service. If you are required to establish an account in connection with a particular service, you must complete the designated registration process for such service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. Mocean Mobile reserves the right to accept or reject, in its sole and absolute discretion, any application for registration for any or no reason.

    Mocean Mobile may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Mocean Mobile's sole discretion, without prior notice or liability to you.

  4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Mocean Mobile will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
  5. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
  6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Web Site; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Web Site or the Web Site's services or features in violation of Mocean Mobile's or any third party's intellectual property or other proprietary or legal rights; or (h) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
  8. Right to Monitor and Editorial Control. Mocean Mobile reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Web Site or through the Web Site's services or features by users, and Mocean Mobile is not responsible for any such information and materials posted by users. However, Mocean Mobile reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Mocean Mobile's sole discretion are objectionable or in violation of these Terms and Conditions, Mocean Mobile policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
  9. Linking to the Web Site. You agree that if you include a link from any other web site to this Web Site, such link shall: (i) not contain any logos, but rather should merely read "Mocean Mobile Web Site" or "Mocean Mobile" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to:

    Mocean Mobile,
    228 Park Avenue South, Ste 380-15,
    New York, NY 10003,
    Attention: Website Management.

  10. Indemnification. You agree to defend, indemnify on demand and keep Mocean Mobile indemnified, and hold Mocean Mobile and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the services thereon, your placement or transmission of any message, advertisement, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Mocean Mobile reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mocean Mobile defense of such claim.
  11. Orders for Products and Services. We may make certain products and services available for purchase through the Web Site to visitors and registrants of the Site. You may only order products or services if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Mocean Mobile. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
  12. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
  13. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Mocean Mobile Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below: 
    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed; 
    • A description of where the alleged infringing material is located;
    • 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;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Copyright Agent:
    Mocean Mobile, Inc
    228 Park Avenue South, Ste 380-15
    New York, NY 10003
    e-mail: admin@Mocean Mobile.com

  14. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Mocean MOBILE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

    WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

    YOU ACKNOWLEDGE AND AGREE THAT: (I) Mocean MOBILE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) Mocean MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SERVICES OR PRODUCTS; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) Mocean MOBILE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES.

    Mocean MOBILE DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mocean MOBILE WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Mocean MOBILE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

    WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Mocean MOBILE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH Mocean MOBILE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY Mocean MOBILE "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Mocean MOBILE OR ITS LICENSOR OR SUPPLIER.

  15. LIMITATION OF LIABILITY. IN NO EVENT SHALL Mocean MOBILE, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Mocean MOBILE FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
  16. Local Standards. We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Site can be accessed from countries around the world and may contain references to Mocean Mobile products, services and programs that are not available in your country. These references do not imply that Mocean Mobile intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Mocean Mobile from its offices within the United States of America. Mocean Mobile makes no representation that the Site or the products and services offered through it are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or the products or services offered through it are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
  17. Termination. Mocean Mobile may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site's services at any time, in our sole discretion, and without liability to any user. Mocean Mobile may restrict, suspend or terminate your use of or access to the Site and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Site or services). Mocean Mobile maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
  18. Changes to Terms and Conditions and Site. Mocean Mobile reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
  19. Unsolicited Idea Submission Policy. Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Mocean Mobile for consideration via this Site shall not be considered or accepted by Mocean Mobile, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
  20. Miscellaneous. Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions shall be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. The parties further agree to submit to personal jurisdiction in the federal or state courts of the State of New York, County of New York, as such courts shall serve as the exclusive venue for all dispute resolution. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Mocean Mobile must be made in writing and signed by an authorized representative of Mocean Mobile specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Mocean Mobile successors, assigns and licensees.

Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:

Mocean Mobile
228 Park Avenue South, Ste 380-15
New York, NY 10003
Attn: Website Management

Refund Policy 

This Web site is owned and controlled by Mocean Mobile.

Unless otherwise provided herein or in the refund policy of an applicable credit card company or merchant bank or as otherwise provided by applicable law or regulations, Mocean Mobile's refund policy is as follows:

Funds added to a member's account are refundable until such time as they are committed or transferred to a publisher or deducted by Mocean Mobile in payment for services rendered. Any fees committed to a publisher or deducted from a member's account in payment of publisher or Mocean Mobile fees are non-refundable. Mocean Mobile will deduct ten percent (10%) of any amounts refunded in order to cover administrative expenses incurred in connection with the granting of the refund. A member may only request a refund for the full balance remaining in the account and this amount will be returned to the bank account or credit card associated with the account after deducting applicable charges previously incurred by member. If the original account has been closed or the credit card has been deactivated or the account remains inactive for a period of at least 180 days, the funds are not eligible for refund. Account funds that are deemed abandoned or unused by law will not be refunded.

All refund requests must be in writing on company letterhead and include your name, address, e-mail address, account name, user identification, the last 4 digits of the credit card or account used to fund your Mocean Mobile account, and the reasons you are requesting a refund. Mocean Mobile is not responsible for refund requests that are not timely received in accordance with this policy. 

Mocean Mobile reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request. Mocean Mobile reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances and may alter this refund policy in individual cases in its sole and absolute discretion.

Mocean Mobile reserves the right to alter this refund policy, or any other of our policies or practices, at any time and will notify users of this Web Site by posting such changed or updated refund policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. 

Privacy Policy 

Mocean Mobile, Inc. ("we", "us" or "our") is a technology company that simplifies mobile advertising and publishing. This Privacy Policy describes Mocean Mobile's privacy practices as they pertain to (i) visitors to our corporate website located at www.Mocean Mobile.com (our "Web Site"), and (ii) our targeted advertising technology service ("Technology"). As we update and expand our services, this Privacy Policy may change. This Privacy Policy is incorporated into, and is part of, the Mocean Mobile Web Site Terms and Conditions, located at www.Mocean Mobile.com/terms, and which governs your use of this Web Site in general. If you have any questions about this Privacy Policy, please feel free to contact us at admin@Mocean Mobile.com

I. WEB SITE PRIVACY POLICY 

The Web Site is intended primarily to offer information about Mocean Mobile and to enable our advertising and publisher partners (collectively, our "Business Partners") to utilize our Technology. 

What Information do you Collect on the Web Site and How is it Used? 

We collect Personally Identifiable Information ("Personal Information") fromthe Web Site. Personal Information includes, for example, your name; home and/or business address; e-mail address; home and/or business telephone, wireless and/or fax number; credit card and other payment information; and/or other information that may enable us to contact or identify you as an individual. 

For example, you may choose to send us Personal Information about yourself in an email or by completing an online form on this Web Site. We use this information only to contact you to respond to your inquiry. Once collected, we will store your Personal Information for a reasonable time for record keeping purposes. The information that we store is usually deleted as space requires or in the normal course of business. 

You may also choose to send us Personal Information if you apply to be a Mocean Mobile Business Partner. We use this information to process your application and to administer your Business Partner account. 

We also collect Non-Personally Identifiable Information ("Non-PII") from visitors to this Web Site. The Non-PII may include, without limitation, information such as a Web user's IP address, Web pages viewed by a Web user, date and time, domain type and the Web user's computer's operating system (e.g., Windows XP). 

We use this information for internal system administration, to help diagnose problems with our server, and to administer the Web Site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider from visitors to this Web Site.

Cookies 

We may use "cookies" in connection with this Web Site. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive. We use cookies to help us manage this Web Site, to customize the Web Site to your interests, and (for our Business Partners) to help manage your log in preferences. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using the Web Site, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site. 

Clear GIFs 

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") and/or similar technologies, in the Web Site and/or in our communications with you to enable us to evaluate how visitors are navigating through the Web Site. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. 

Third Party "Linked-To" Web Sites 

When you are on the Web Site you may have the opportunity to visit, or link to, other sites not operated by Mocean Mobile, including other Web sites operated by unaffiliated third parties. These sites may collect Personal Information about you. Mocean Mobile does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites. 

Accessing, Updating and Deleting Your Information 

If you'd like us to update, correct, delete, or deactivate any Personal Information that you have provided to us on this Web Site, please send your request to us at admin@Mocean Mobile.com and we will process your request within a reasonable period of time after receipt. 

If you are a Business Partner, you may review and edit the Personal Information that is stored in your user account on this Web Site (e.g., postal address, telephone number and other contact information) by visiting a "My Profile" or similar area of your account on this Web Site or by e-mailing admin@Mocean Mobile.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may send us new or updated information at any time. We will respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. 

II TECHNOLOGY PRIVACY POLICY 

Overview of Mocean Mobile's Technology 

Our Technology facilitates the serving of advertisements on the mobile web. 

Our Technology collects information about the mobile Web Site(s) ("WAP Sites") that you visit and the advertisements that you see while surfing the mobile web. You may encounter our Technology when Mocean Mobile or one of our Business Partners purchases advertisements on a WAP Site that you visit. We use the information collected by our Technology in order to help deliver those ads, and for reporting purposes (e.g., to tell our clients how many ads we've delivered in a day.) 

What information is collected by your Technology and how is it used? 

Mocean Mobile does not collect Personal Information via our Technology. Our Technology does collect and use Non-PII, including: the IP address used to access the mobile Internet, the type of phone or other mobile device used (e.g., Blackberry 8320, Nokia 4320), the date and time one of the mobile ads we facilitate was delivered and, if applicable, clicked. 

Mocean Mobile uses this information to analyze trends and to help our Technology deliver and report on advertisements placement on behalf of our Business Partners. We also may aggregate this information and share it with Mocean Mobile's affiliates, advertisers, employees, customers and Business Partners. 

Other than aggregate statistics, we rarely keep information collected by our Technology longer than 90 days. 

Cookies and Clear GIFs 

Mocean Mobile does not use cookies or Clear GIFs in connection with our Technology. 

III. GENERAL INFORMATION ABOUT Mocean Mobile'S PRIVACY PRACTICES 

Disclosure of information to third parties 

Service Providers 

We may use third party partners to help us manage the Web Site and our Technology, and may share your information with those third party partners. (e.g., Web Site or database hosting companies, e-mail service providers, and Web Site analytics companies.) We disclose only that information which is reasonably necessary for our partners to perform the tasks we've assigned, and we require our partners to adhere to this privacy policy. 

Aggregate Statistics 

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. 

Compelled Disclosure 

We may disclose any information we have to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities. 

Business Transfer 

Mocean Mobile regards its databases of Business Partners and potential Business Partners (including their Personal Information) as a valuable asset. In the event that Mocean Mobile is or substantially all of its assets are, acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, any information that we have is likely to be part of the transferred assets. 

Security 

The security of your information is important to us. We have implemented reasonable security measures to protect the information in our care, both during transmission and once we receive it. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit. You may be able to create an account on our Web Site with a username and password. Passwords are encrypted and Mocean Mobile policies preclude access to passwords by anyone at Mocean Mobile or its service providers except on a need-to-know basis. If you do create a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Mocean Mobile of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to protect your password, control access to and use of your account, and notify Mocean Mobile when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. 

Information Relating to Children 

Our products and services are designed for those 18 years of age and older. We do not knowingly collect Personal Information from anyone under the age of 18. If we are made aware that we have received Personal Information from someone under 18, we will use reasonable efforts to remove that information from our records. 

Consent to Worldwide Transfer and Processing of Personal Information 

When you give your Personal Information to Mocean Mobile, it may be processed by Mocean Mobile in all countries in which Mocean Mobile operates or in which its affiliates operate. Each of these countries has different privacy laws that afford varying levels of protection for your Personal Information. Regardless of the laws in place in these countries, Mocean Mobile will treat the privacy of your information in accordance with this Privacy Policy. By providing your Personal Information to Mocean Mobile, you consent to Mocean Mobile transmission to, and processing of your information in, any jurisdiction, in accordance with this Privacy Policy. 

Changes to this Privacy Policy 

Mocean Mobile reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Your continued access or use of the Web Site constitutes your acceptance of the changes. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of the Web Site or sending you an email. 

Questions or Comments 

If you have any questions or comments regarding our privacy practices, you may contact us at the following address: 

Attention: Privacy Officer
Mocean Mobile, Inc.
228 Park Avenue South, Ste 380-15
New York, NY 10003
Main Number: 1(646)-873-6885
e-mail: admin@Mocean Mobile.com