Effective May 14, 2016
MOSAICO TERMS OF SERVICE
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Mosaico, LLC also known as Mosaico, located in Los Angeles, and our subsidiaries and affiliates, in association with the use of the Mosaico App, which includes Mosaico (the "App") and its Services, which shall be defined below.
By accessing the Mosaico App, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this service. The materials contained in this app are protected by applicable copyright and trademark law.
2. USE LICENSE
(a) Permission is granted to temporarily download one copy of the materials (information or software) through the Apple iTunes App Store for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i) modify or copy the materials;
ii) use the materials for any commercial purpose, or for any public display (commercial or non commercial);
iii) attempt to decompile or reverse engineer any software contained in Mosaico's app;
remove any copyright or other proprietary notations from the materials; or
iv) transfer the materials to another person or "mirror" the materials on any other platform.
(b) This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mosaico at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Mosaico's app are provided "as is". Mosaico makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mosaico does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its app.
In no event shall Mosaico or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Mosaico's App, even if Mosaico or a Mosaico authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. REVISIONS AND ERRATA
The materials appearing on Mosaico's app could include technical, typographical, or photographic errors. Mosaico does not warrant that any of the materials on its app are accurate, complete, or current. Mosaico may make changes to the materials contained on its app at any time without notice. Mosaico does not, however, make any commitment to update the materials.
7. GOVERNING LAW AND VENUE
8. PAID SUBSCRIPTIONS
The basic Mosaico services are provided to you for a one time charge. Other Mosaico services require payment before you can access them. The Mosaico services that may be accessed after payment are currently referred to as "Premium Service" and ("Paid Subscriptions").
Any fees that Mosaico may charge you for the App or Services, are due immediately and are non- refundable. Mosaico, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Mosaico may change the fees for the Services or the App without notice.
1. HOW WE COLLECT AND USE YOUR INFORMATION
We collect the following types of information about you:
Information you provide us directly
We ask for certain information such as your name and e-mail address if you register for a User account with the Service, or if you correspond with us (in which case we will also retain our responses). If you purchase products or services or sign up for a paid subscription, then we will also ask for additional information, such as your credit card number and billing address. We may also retain any messages you send through the Service, and may collect information you provide in User Content you create, share, or post to the Service, which may include information contained in your profile as well as photos or other image files and associated metadata. If you sign up for our e-mail mailing list, we will collect your name and e-mail address. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
Information we may receive from third parties
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by "following," "liking," adding the Mosaico application, linking your account to the Mosaico Service, etc., that third party may pass certain information about your use of its service to Mosaico. This information could include, but is not limited to any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Mosaico's websites or Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
Inviting a third party to use our Service
If you choose to use our invitation service to invite a third party to the Service, we will ask you for that person's email address and automatically send an email invitation to the invitee. We store this information to send this email, to register the invitee if your invitation is accepted, and to track the success of our invitation service. Unless the invitee becomes a registered User of the Service, we do not use the invitee's email address for marketing purposes, and we do not share the invitee's email address with third parties other than Mosaico's service providers. The invitee may contact us at any time to request that we remove his or her information from our database at firstname.lastname@example.org
We may collect metadata associated with User Content. Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Users can add or may have added metadata added to their User Content including keywords posted with a photo or video, including names, geographical or location information, comments or other data. This makes your data more searchable and more interactive. However, the metadata may be accessible to others if you share the User Content with others or on third party social media sites.
We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also use this information to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service- related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
We may directly collect analytics data, or use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser's width and height, and other information that assists us in improving the Service. We may collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
When you visit the Service, we and our third party partners may send one or more cookies (a small text file containing a string of alphanumeric characters) to your computer that uniquely identifies your browser and lets Mosaico help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log file information
Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML- based emails sent to our Users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets) or computer, we may access, collect, monitor and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Mosaico. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store "location data," which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Ads on our Service
We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; and (i) to provide advertising to your browser or device.
2. SHARING OF YOUR INFORMATION
We may share your information with third parties outside the Mosaico and its controlled subsidiaries and affiliates in the instances described below. For further information, see the "Your Choices Regarding Your Information" section below.
Who we may share your information with
We may share your information with third-party business partners, consultants and service providers that perform services on our behalf for the purpose of providing the Service to you (e.g., email providers, advertising networks, content or service fulfillment, analytics companies, etc.). Those business partners will be given limited access to your information that is reasonably necessary to deliver the Service. We may also share your information with our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion. From time to time, we may share your information with third parties who we think may offer you products or services you may enjoy.
Who you may choose to share your information with
Any information or User Content that you voluntarily disclose for posting to the Service, such as your public profile, photos or images and associated metadata, and comments, becomes available to other Mosaico users and to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information. You may also choose to share your information with friends through email or various social media sites.
What happens in the event of a change of control
We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content, and other User information related to the Service will likely be among the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Instances where we are required to share your information
Mosaico will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to:
i) comply with the law and the reasonable requests of law enforcement;
iii) to exercise or protect the rights, property, or personal safety of Mosaico, our Users or others.
We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.
3. HOW WE STORE AND PROTECT YOUR INFORMATION
Storage and Processing
Keeping your information safe
Mosaico cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. However, Mosaico cannot ensure or warrant the security of any information you transmit to Mosaico or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of Mosaico's distributors, such as social networks. Mosaico is not responsible for the functionality or security measures of any third party.
Compromise of information
In the event that any information under our control is compromised as a result of a breach of security, Mosaico will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. YOUR CHOICES ABOUT YOUR INFORMATION
You control your account information and settings
You may update your account information, profile information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com
Your choices regarding the collection of your information for Online Advertising: As discussed above, we permit third party advertising networks or similar third party partners to collect information about your browsing activities over time and across websites when you use our site or Service. Typically, this information is collected through cookies or similar technologies, which recognize the device you are using and are used to display ads through our Service or to our visitors on other websites. If you would like to disable cookies you can do so on your own responsibility in the setting for each specific browser you use to access the Service.
5. CHILDREN'S PRIVACY
Mosaico does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
6. LINKS TO OTHER WEBSITES AND SERVICES
All users have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our newsletters please follow the link in the newsletter or send an email that you wish to unsubscribe to email@example.com. This will stop the communication from us but your information may still be stored in our database.
HOW TO CONTACT US