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Terms of Use

In this Web Site Terms of Use (“TOU”), we, Digital Turbine Inc. and our affiliates in the Digital Turbine group of companies (together, “Digital Turbine”), set forth the terms by which you may use our sites, services and products including www.digitalturbine.com and other web sites, services and products that we operate and on which we post a direct link to this statement (collectively the “Site”). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

1 – Copyright Notice and Use of the Site.

The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with Digital Turbine, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with Digital Turbine), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Digital Turbine’s copyright notice: © Copyright 2013-2015 Digital Turbine, Inc. All rights reserved. Nothing in these materials is an offer to sell any of the products and/or services referenced herein.

2 – Access to Third Party Properties.

The Site may use and provide you with access to products, services and content owned and controlled by Third Parties (including but not limited to content creators, wireless carriers, operators and original equipment manufacturers) such as websites, search results, directory listings, links and advertisements (“Third Party Property/ies”). Your use of such Third Party Properties is subject to the terms of use and other guidelines, if any, for such Third Party Property. You agree to review and accept such terms of use prior to using such Third Party Property. Digital Turbine makes no representations whatsoever about any Third Party Property which you may access through the Site. When you access a Third Party Property, you agree that it is independent from Digital Turbine, and that Digital Turbine has no control over any content on such Third Party Property. In addition, a link to a Third Party Property does not mean that Digital Turbine accepts any responsibility for the content, or the use, of such Third Party Property nor does it endorse such Third Party Property. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature. The availability of such Third Party Properties will vary between countries and not all Third Party Properties may be available in your location.

3 – Privacy.

In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at http://www.digitalturbine.com/privacy-policy (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Digital Turbine or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

4 – Disclaimer.

The materials on the Site are provided “as is” and without warranties of any kind either express or implied. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance. To the fullest extent permissible pursuant to applicable law, Digital Turbine disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Digital Turbine does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. Digital Turbine does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not Digital Turbine or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.

5 – Limitation of liability.

Under no circumstances, including, but not limited to, negligence, shall Digital Turbine, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. You specifically acknowledge and agree that Digital Turbine, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.

6 – Export Restrictions.

You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.

7 – Trademarks.

© 2015 Digital Turbine, Inc. Digital Turbine, Digital Turbine Media, Inc., Digital Turbine Ignite, Digital Turbine IQ, IQ App Deck, Digital Turbine Marketplace, Digital Turbine Content, Digital Turbine Music, Digital Turbine E-Books, Digital Turbine Pay and the Digital Turbine Logo are trademarks and/or registered trademarks of Digital Turbine Inc. and/or its subsidiaries. All other trademarks belong to their respective owners. All Rights Reserved.

8 – Modification & Termination.

This TOU is effective until modified or terminated by Digital Turbine. Digital Turbine may modify this TOU from time to time and the new TOU will be effective when posted. Digital Turbine may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.

9 – General.

This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Effective: September 9, 2013

Updated version: April 9, 2015