Terms of Use

The following terms of use apply to all visitors to or users of this website. By accessing this site, you acknowledge acceptance of these terms and conditions. Bytemobile, Inc. (“Bytemobile”), reserves the right to change these terms of use from time to time at its sole discretion. In the case of any violation of these terms of use, Bytemobile reserves the right to seek all remedies available by law and in equity for such violations.

Copyright

Each document published by Bytemobile on this website may contain other proprietary notices or describe products, services, processes, or technologies owned by Bytemobile or third parties.

Bytemobile hereby authorizes you to copy materials published by Bytemobile on this website solely for noncommercial use within your organization (or, if you are a Bytemobile Partner, your customer’s organization) in support of Bytemobile products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or intellectual property right of Bytemobile or any third party.

Trademarks

The Bytemobile logo, Bytemobile, ACCESS Mobile, Dynamic Optimization, Macara, Media Fidelity, Monaco, Web Fidelity, Unison, and all related product names, service names and slogans are the trademarks or service marks of Bytemobile, Inc. These may not be used in any commercial manner without the prior written consent of Bytemobile.

All other trademarks, service marks, product names, service names, and slogans are the property of their respective owners.

Disclaimers

Bytemobile material on this website may include technical inaccuracies or typographical errors. Bytemobile has the right to make changes and updates to any information contained on this site without prior notice.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BYTEMOBILE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER BYTEMOBILE NOR ANY OF ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USERS OF THIS SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. BYTEMOBILE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL BYTEMOBILE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.

User Submissions

Bytemobile does not want to receive confidential or proprietary information from users through this site. Any material, information, or other communication (“Communications”) that users transmit or post to this site will be considered nonconfidential and nonproprietary. Bytemobile will have no obligations with respect to such Communications. Bytemobile and its affiliates will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other items embodied therein for any and all commercial or noncommercial purposes. Personally identifiable information that users submit to Bytemobile for the purpose of receiving products or services will be handled in accordance with the Bytemobile privacy policy.

Your Responsibilities

In consideration of your use of this website, you agree to:

Provide accurate, current, and complete information about yourself as may be prompted by a registration form on the site (the “registration data”)
Maintain the security of your password and identification
Maintain and promptly update your registration data and any information you provide to Bytemobile, to keep it accurate, current, and complete
Accept all risks of unauthorized access to information and registration data.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website.

You are entirely responsible for all communications that you upload, post or otherwise transmit via this website. You agree not to upload, post or otherwise transmit via the site content that meets any of the following criteria:

Is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Bytemobile or other users of the site
Includes unauthorized disclosure of personal information
Violates or infringes anyone’s intellectual property rights
Contains software viruses or any other computer code, files, or programs designed to interrupt, limit, or destroy the functionality of any computer software or hardware or telecommunications equipment

Bytemobile reserves the right to edit or remove content that violates these terms or that contains third-party commercial advertisements.

You agree that you will not use this website for any of the following:

Transmitting spam or bulk or unsolicited communications
Pretending to be Bytemobile or someone else, or spoofing Bytemobile’s or someone else's identity
Forging headers or otherwise manipulating identifiers (including URLs) to disguise the origin of any content transmitted through the site
Misrepresenting your affiliation with a person or entity
Disrupting the normal flow of dialogue or otherwise acting in a manner that negatively affects other users’ ability to use the site
Engaging in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm
Collecting or storing personal data about other users, unless specifically authorized by such users

Disclaimer of Endorsement

Links on this website to third-party sites are provided solely as a convenience to you. If you use these links, you will leave this site. Bytemobile has not reviewed all of these third-party sites; it does not control nor is it responsible for any of these sites or their content. Thus, Bytemobile does not endorse or make any representations about these sites, or about any information, software, or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk.

References in this website to any third-party products, services, processes, hypertext links, or other information by trade name, trademark, manufacturer, supplier, or otherwise do not necessarily constitute or imply Bytemobile’s endorsement, sponsorship, or recommendation. Product and service information is the sole responsibility of each individual provider.

These terms of use constitute the entire agreement between you and Bytemobile relating to their subject matter, and they cancel and supersede any prior versions of the terms. You also may be subject to additional terms and conditions that may apply when you use Bytemobile’s or third parties’ products or services.

You agree that any material breach of these terms of use may result in irreparable harm to Bytemobile for which damages would be an inadequate remedy, and therefore, in addition to its rights and remedies otherwise available at law, Bytemobile will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Bytemobile seeks such an injunction.

California law and controlling U.S. federal law govern any action related to these terms and/or your use of this website. The United Nations Convention on Contracts for the International Sale of Goods and any choice of law rules of any jurisdiction will not apply to any dispute under these terms. All information available on the site is subject to U.S. export control laws. All Bytemobile products and publications are commercial in nature. Use, duplication, or disclosure by the United States government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. You and Bytemobile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.