Terms and Conditions

Last updated: April 20, 2018

Please read these Terms and Conditions (these "Terms") carefully before using the Mystery Media Pro mobile application (the "Service") operated by PRO 2717 SOLUTIONS LLC, a Texas limited liability company ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content

Our Service allows you to post, link, store, share and otherwise make available (collectively, “post”) certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. Inappropriate Content includes without limitation material that (i) infringes on the copyright or other intellectual property of any other party, (ii) is vulgar, obscene, pornographic, racist or indecent; (ii) does not pertain to the Service; (iv) threatens, abuses, libels or defames others; (v) violates any law; (vi) is false or inaccurate, (vii) misrepresents your identity or connection to any other entity or person, or (viii) includes programs that contain viruses, worms, and/or Trojan horses or similarly harmful software.

By posting Content on or through the Service, you represent and warrant to us that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Content is appropriate. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise inappropriate.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

We have the right but not the obligation to monitor, edit and/or remove any and all Content provided by users.

In addition, all Content found on or through this Service is the property of PRO 2717 SOLUTIONS LLC or our licensors and may not be used without our permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use Content, whether in whole or in part, for commercial purposes or for personal gain, without our express advance written permission.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service should not be used to violate any person's privacy, or in situations where recording is illegal. The Service clearly indicates when recording is taking place. The Service should not be used to facilitate any sort of illegal file sharing. You agree to NOT USE the Service to save, convert, download or share media from third party sources (e.g. Apple Music, YouTube, SoundCloud, Vimeo, etc.) without explicit authorization from those sources. The Service is intended solely for use as verification of customer service and to promote effective training and quality assurance.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain our exclusive property and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and we assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless us and our licensee and licensors, and our and their respective employees, contractors, agents, officers, directors, members, managers, partners, suppliers, affiliates, representatives, successors and assigns (collectively, “pro 2717 solutions parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs), resulting from or arising out of a) Your use and access of the service, by you or any person using your account and password; b) A breach of these terms, or c) Content posted on the service.

Limitation Of Liability

To the maximum extent permitted by law, in no event shall we, or any pro 2717 solutions party, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the service; (ii) Any conduct or content of any third party on the service; (iii) Any content obtained from the service; and (iv) Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by law, the total liability of us and the pro 2717 solutions parties, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the service (or, if we choose, to supplying you the service again).

In all cases, the company parties, will not be liable for any loss or damage that is not reasonably foreseeable.

Disclaimer

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Neither we nor any pro 2717 solutions party represents makes any representation or warranty except as expressly set forth in these terms, including without limitation such parties do not warrant that a) The service will function uninterrupted, secure or available at any particular time or location; b) Any errors or defects will be corrected; c) The service is free of viruses or other harmful components; or d) The results of using the service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These terms shall be governed and construed in accordance with the laws of texas, united states, without regard to its conflict of law provisions. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Tarrant County, Texas, and you consent to personal jurisdiction in those courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms and/or the functionality of the Services at any time. If a revision to these Terms is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

Auto-renewing subscription for iOS apps

  • Payment will be charged to iTunes Account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
  • Subscriptions may be managed by you, the user, and auto-renewal may be turned off by going to your Account Settings after purchase.
  • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

Phone Call Recording Services and Description

The Service uses a third party to place and record outgoing calls. Recordings are stored in a third-party account and can be retrieved and shared through the Service. Any recordings made by you may be deleted at any time. Any data will be retained in the database for a period of 90 days only. You should download a recording after it is made. By using the Service, you agree that collection, processing and storage as well as any international transfer will be governed by our privacy policy.

YOU AGREE TO ABIDE BY THE RECORDING LAWS OF CITY, STATE, AND COUNTRY THAT YOU ARE CALLING AND AGREE TO GAIN PERMISSION TO RECORD WHEN REQUIRED BY LAW. Recording a conversation without informing the other party can be a violation of a country’s or a state’s criminal law or can create a civil liability for the user for listening in or recording a conversation without proper consent. We are not obligated to monitor your use, access and Content but have the right to do so. We reserve the right to terminate, without notice, your use of the Service if we determine that you have (or anyone using your account has) committed fraud or violated any applicable laws. In order to combat illegal or harassing conduct, we may monitor or record customers’ call and provide call details and recordings to law enforcement agencies.

The Service cannot be used for calling 911 or emergency calling. You agree that neither we nor any PRO 2717 SOLUTIONS Party may be held liable for any claims, damage, or loss (including, without limitation, and attorneys’ fees and costs) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against us and any PRO 2717 SOLUTIONS Party, arising from or relating to any attempt to dial 911 or make an emergency call using the Service.

Fair Use Policy: Our unlimited subscriptions allow unlimited calls to landlines in the applicable subscription countries (excluding special, premium, service and non-geographic numbers) for the time period specified at the time of purchase. Unlimited calls to mobile devices may also be included where stated at the time of purchase. All calls will be disconnected and require a re-dial after a 1-hour duration. We are free to set the fair usage limit of periodic call hours to ensure the best quality of service is available to the maximum amount of users. We reserve the right to restrict your use of the Service or terminate your account if you generate a high amount of usage not typical of individual pattern, abuse the service or generate unusually high volumes of calls. Phone numbers are assigned for your use. Phone calls are connected as VoIP call. The phone number will be masked at receiver end. We reserve the right the change the phone number and will not be held liable for any damages whatsoever arising from this change.

Contact Us

If you have any questions about these Terms, please contact us.

By email: team@mysteryshopping.com

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