airG SERVICE TERMS & CONDITIONS OF USE

AGREEMENT FOR THE USE OF THE airG COMMUNITY SERVICE

The service (the “Service”) is a global community service made available to end users in different locations by one or more of airG (USA) Incorporated, a Nevada corporation, Air Games Wireless Inc., a British Columbia corporation, VGN Hosting (Australia) PTY LTD, airG Incorporated, airG (UK) Incorporated, airG (Europe) Incorporated or their current and future affiliates or licensees (collectively, the “airG Group of Companies”) through different mobile service providers under different brand names selected by the mobile service providers, including but not limited to Virgin Vibe, Boost Hookt, Hookt, Mon Ami, Air Date, Orange Lounge, Friendz, myFriendz, Friends, Games Lobby Lounge, Sports Lounge, Latino Lounge, Friends Lounge, The Lounges, Globe Friends, Addict Lounge, Smart Friends, Smart Buddies Lounge, Blue Lounge/Salon Bleu, Amp’d Chat, MTV Loveline, TELUS Chat Central, Xtra Lounge, Café Chat, Phat Chat, Phat Lounge, Amp'd Lounge, CoolTalk, Coolchat, 3 Lounge, HOT Talk, Rainbow Room, The Lounge, v.Lounge, airG Chat, C-Lounge, Conexion Latina, Sports Chat, Games Room, Green Room, Red Light Lounge, Salon Latino, Chat Central, Chatr.cz, Chatr.ro, Chatr.it, Chatr.es, Cool Pics, airG Chat, Love Me Love Me Not, airG Psychics, airG Freestyle. In this agreement (this “Agreement”), “MSP” means the mobile service provider that is making the Service available to you, and “airG ”, “we” or “our” refers to the member of the airG Group of Companies that is making the Service available to you.

airG and your MSP are separate legal entities that are not affiliated with each other. This Agreement is between you and airG . Your MSP is not providing the Service and is not responsible for the Service. You may have other agreements with your MSP that apply to your use of the Service, and those agreements will apply between you and your MSP. This Agreement will not in any way alter any of the terms or conditions of any other agreement you may have with your MSP for its products or services.

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT BETWEEN YOU AND airG . BY USING THIS SERVICE, OR BY CLICKING THE ACCEPTANCE BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICE.

Use of the Service

Upon payment of the appropriate charges to your MSP, and subject to the terms of this Agreement, you may use the Service for your personal, non-commercial purposes. You may not use this Service for any other purpose. You are not permitted to make any resale, commercial or derivative use of the Service, or use any data mining, robots, or similar data gathering and extraction methods.

When you register for the Service, there may be a short delay before your account is activated by airG and Content (as defined below) which you then post to your user profile is made available to other users of the Service. This delay is to allow airG an opportunity to approve your account, and to pre-screen Content that you have posted to your user profile (such as, by way of example only, your photograph).

At certain instances in the Service, you may be granted access to try new features or components of the Service as a “Trial” or “Guest” user.

Payment for Use of the Service

Since you have purchased use of the Service through your MSP, your MSP will charge you for all use of the Service in accordance with your MSP’s prices and payment terms, and you will pay all charges to your MSP. You will not be entitled to any refunds or credits from airG .

Support in Use of the Service

If you have questions or require support regarding your use of the Service, your agreement with your MSP applies and you should contact your MSP and not airG .

Responsibility for Access to the Service

airG assumes no responsibility for the provision or maintenance of hardware, including mobile telecommunications devices, or network access that may be required for you to connect to the Service.

Changes to the Service

We may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts of or all of the Service without notice or liability. We may discontinue or change the Service or its availability to you at any time without notice.

Age Requirements (Children’s Online Privacy Protection Act)

To protect their safety and privacy, the Service is not knowingly provided to children, usage of the Service will be subject to the following criteria, and the following will apply:

Code of Conduct:

This Service includes discussion forums and interactive areas, including chat rooms and bulletin board services. You agree to use the Service in accordance with the following code of conduct (the “Code of Conduct”):

You will keep all information, data, text, software, music, sound, photographs, graphics, video, images, other multi-media elements and any other materials available through the Service (“Content”) provided to you through the Service as private and confidential and will not give such Content to anyone without the permission of the person who provided it to you.

You will not use the Service to engage in any form of harassment or offensive behavior. Without limitation, you will not upload, post, email, transmit or otherwise make available through the Service (“Post”) any Content that is libelous, defamatory, abusive, harassing, tortious, pornographic, obscene, vulgar or offensive, or racially, ethnically or otherwise objectionable. You will not use the Service to harm minors in any way.

You will not forward chain letters, or otherwise cause, instigate, or assist in the distribution of spam through the Service.

You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.

You will not Post any Content if the Posting of such Content is a breach of any law or a breach of any contractual or fiduciary relationship (such as inside information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement). You will not Post any Content that, or use the Service in any way which:

(i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any rights under copyright, trademark or patent laws, or privacy or other personal or proprietary rights; or

(ii) is fraudulent or otherwise unlawful or violates any law.

You will not use the Service to distribute, promote, or otherwise publish any Content containing any solicitation for funds, advertising or solicitation for goods or services.

You will not use the Service to Post any Content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware or any other similar software or programs that might damage the operation of a mobile phone, computer or other property of any other person, or do anything else that might cause harm to the Service, the systems of the airG Group of Companies or your MSP or their service providers, or adversely affect the experience of other users.

You will not Post any contact information including, but not limited to, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly readable posts or user profile.

You will not use the Service to Post credit card numbers or similar numbers or information.

You will not use the Service to impersonate any person or entity (including, but not limited to, any airG official, forum leader, guide or host) or falsely state or otherwise misrepresent your affiliation with a person or entity.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

You will not falsify or delete any copyright management information, such as author attributions, legal or other property notices or proprietary designations or labels of the origin or source of software or other material contained in Content.

You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside.

Neither airG nor your MSP take any responsibility, and assume no liability, for any Content Posted or otherwise sent or received by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter, or for any loss or damage of any kind incurred by you or any other person as a result of the use of any Content Posted or otherwise made available through the Service. The Service is only a forum, and airG and your MSP are not liable for any statements, representations or Content provided by users.

Content

It is solely your responsibility to evaluate and ensure the validity, accuracy, completeness, integrity, quality and timeliness of any Content available through the Services or the Site and all risk of the use or non-use of, reliance or non-reliance on, any Content is at your own risk. You understand that all Content, whether Posted publicly or privately, is the sole responsibility of the person from whom such Content originated. You, and not airG , are entirely responsible for all Content that you Post via the Service. airG does not control the Content Posted via the Service and, as such, does not guarantee the validity, accuracy, completeness, integrity, quality and timeliness of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. No Content included in the Service is intended for any trading or investing purposes. In addition to any other disclaimers in these Terms of Use, airG shall not be responsible or liable for any trading or investment decisions made based on such Content.

You acknowledge that airG may or may not pre-screen Content, but that airG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any Content.

airG does not claim ownership of Content that you Post to airG or through the Service. However, by Posting any Content (other than Private Personal Information, as defined below) to airG or through the Service, you are granting airG and the other members of the airG Group of Companies a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed, and to publish such Content with or without having your name attached to such Content. No compensation will be paid for any use of such Content. For the avoidance of doubt, the license granted in this paragraph does not apply to Private Personal Information, as defined below.

airG is under no obligation to post or use any Content you may provide, and airG may remove any Content at any time in its sole discretion.

By Posting Content you represent and warrant that you own or otherwise control all of the rights to the Content as described in this Agreement including, without limitation, all of the rights necessary for you to Post such Content. In addition, by Posting Content, you represent and warrant that (a)you are the copyright owner of the Content and all elements of the Content, or that the copyright owner of such Content or elements has granted you permission to use such Content or elements thereof consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Service, (b)you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c)each person depicted in the Content, if any, has provided consent to the use of the Content as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.

Enforcement

airG reserves the right, but is not obligated, to monitor any activity and communication within the Service, including but not limited to messages, public postings, and other multimedia elements as they become available, to ensure that your use of the Service conforms to the Code of Conduct and other terms of this Agreement. airG may investigate any complaint and suspected or reported violation of this Agreement, including the Code of Conduct, and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, and/or removal of Postings and other Content. airG reserves the right and has absolute discretion to remove, screen or edit any activity, Content, communication, user profiles, public postings, or messages within the Service that violate this Agreement or are otherwise objectionable. airG reserves the right and has absolute discretion to remove, screen or edit any credit card numbers or similar information. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect systems and customers of airG and your MSP, or to ensure the integrity and operation of the business and systems of airG and your MSP, airG may access and disclose any information it considers necessary or appropriate, including, without limitation, user information, Content, communications, usage history, and Postings.

Membership Information, User IDs and Passwords

Prior to accessing the Service, the Service will prompt you for a series of mandatory questions which must be answered truthfully for you to be granted access to the Service. airG reserves the right to modify the number and content of the mandatory questions at any time. If you provide any answers that are untrue, inaccurate, incomplete, or airG has reasonable grounds to believe that the answers are untrue, inaccurate, or incomplete, airG has the right to suspend or terminate your use of the Service.

Your user ID and password used to access the Service are private, and should not be used by or shared with anyone else. You are responsible for all usage or activity on the Service by users using your ID or password, including but not limited to use of your password by any third party. Neither airG nor your MSP will be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use. We may solely and without prejudice to our rights, decide to refuse your access to the Service should your user ID, nickname, or moniker that you adopt for use within the Service, impersonate another user, or breach any trade-mark, other intellectual property right or law, or be vulgar, defamatory or otherwise offensive as determined by us in our sole discretion.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or any agreement that you might have with your MSP. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Service or access to the Service by others, may be grounds for termination of your access to all or part of the Service at our sole discretion.

Any such termination may, in our sole discretion, include a permanent ban on your use of the Service through your MSP or any other mobile service provider, which ban may be by name, mobile number, mobile identifier number, IP address, or any combination of them, or by any other methodology considered appropriate by airG , in its sole discretion.

We reserve the right to terminate your access to all or any part of the Service if you do not log onto your account for 90 days.

Termination of the Service by you will be subject to the terms of your agreement with your MSP.

Termination of the Service includes deletion of your user ID, password and all related information, files and Content associated with or inside your account or user profile.

Advertising & Contact with Other Users

If any advertising, marketing or promotional materials are provided in association with the Service, then your dealings with the advertiser are at your sole risk. You agree that airG shall not be responsible or liable for any loss or damage of any sort incurred as a result of any dealings you may have with any advertiser or as a result of the presence of such advertisers on the Service.

airG does not screen users of the Service or take any responsibility for any user or any other person that you might contact through your use of the Service, and your dealings with such users or other persons are at your sole risk. You agree that airG shall not be responsible or liable for any loss or damage of any sort incurred as a result of any meetings or other dealings you may have with any user or any other person that you might contact through your use of the Service.

YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF OTHER USERS OR ADVERTISERS FOUND ON OR THROUGH THE SITE OR THE SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH USER OR ADVERTISER, AND YOU ACKNOWLEDGE AND AGREE THAT airG DOES NOT CONTROL OR HAVE ANY RESPONSIBILITY FOR SUCH CORRESPONDENCE OR DEALINGS AND YOU ARE RESPONSIBLE TO ENSURE THE validity, accuracy, completeness, integrity, quality and timeliness, AND THE IDENTITIES OF ANY SUCH USER OR ADVERTISER. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH USER OR ADVERTISER ON THE SITE OR THE SERVICES.

Ownership of the Service

As between you and airG , airG and the other members of the airG Group of Companies are and will remain the sole and exclusive owners of all right, title and interest, including copyright and all other intellectual property rights, in and to the Service, all of the technology used by the airG Group of Companies to provide the Service, any software provided directly or indirectly by the airG Group of Companies for your access to or use of the Service, and all information posted by the airG Group of Companies within the Service, as well as all enhancements, modifications or additions thereto. You will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use them as contemplated and permitted by the Service and in accordance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing.

If and to the extent that, for your access to or use of the Service, you have downloaded any software from the airG Group of Companies or have otherwise received any such software (such as, by way of example, if such software has been pre-installed on a mobile phone acquired by you), then airG grants to you a personal, non-transferable and non-exclusive right and license to use the object code of such software on a single mobile phone or similar device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by airG for use in accessing the Service.

Trademarks

All trademarks, service marks, logos and trade names (collectively, “Marks”) used and displayed as part of the Service are the property of the airG Group of Companies, or their suppliers and associates, or your MSP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the owner of the Marks.

“As Is” Basis

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. YOU EXPRESSLY AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. You agree that airG and other members of the airG Group of Companies assume no liability if the Service or Content is unavailable at any time, or for the timeliness, deletion, misdelivery, validity, accuracy, completeness, integrity, quality and timeliness, or failure to deliver or store, the Service or any Content, communications or personalization settings. The airG Group of Companies does not represent or endorse the reliability, validity, accuracy, completeness, integrity, quality and timeliness of any Content, user profile, other communication or other information Posted through the Service by the airG Group of Companies, their sublicensees, their partners or representatives, your MSP or any user of the Service or any other person or entity. You acknowledge that any use, non-use or reliance upon any such Content, user profile, other communication or other information will be at your sole risk.

Warranty Disclaimer

TO THE EXTENT PERMITTED BY LAW, airG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE SERVICE, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. airG DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT IS OR WILL BE ACCURATE, COMPLETE, RELIABLE OR CURRENT, OR THAT THE SERVICE OR ANY CONTENT WILL OPERATE ERROR FREE OR UNINTERRUPTED OR THAT THE SERVICE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You acknowledge that we are not responsible for any interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MEMBER OF THE airG GROUP OF COMPANIES OR YOUR MSP OR THEIR AFFILIATES, LICENSEES, PARTNERS OR SUPPLIERS OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CUSTOMERS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR LOSS OF DATA, FOR ANY CAUSE OF ACTION WHATSOEVER AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE OR airG ’S SERVICES. Some jurisdictions do not allow the limitation of liability for incidental, consequential or other damages so the above limitation or exclusion may not apply to you.

EVERY EXEMPTION FROM LIABILITY, LIMITATION AND CONDITION CONTAINED IN THIS AGREEMENT FOR THE BENEFIT OF airG AND EVERY DEFENCE AND IMMUNITY OF WHATSOEVER NATURE APPLICABLE TO airG OR TO WHICH airG IS ENTITLED UNDER THIS AGREEMENT WILL ALSO BE AVAILABLE AND WILL EXTEND TO PROTECT EACH OF THE OTHER MEMBERS OF THE airG GROUP OF COMPANIES, YOUR MSP, EVERY AFFILIATE, LICENSEE, PARTNER OR SUPPLIER OF THE airG GROUP OF COMPANIES OR YOUR MSP, AND EVERY DIRECTOR, OFFICER, EMPLOYEE, AGENT, REPRESENTATIVE OR CUSTOMER OR ANY OF THEM. FOR THE PURPOSE OF ALL SUCH PROVISIONS, airG IS AND WILL BE DEEMED TO BE ACTING AS AGENT AND TRUSTEE ON BEHALF OF AND FOR THE BENEFIT OF ALL SUCH PERSONS.

External Links

The Service may from time to time contain links to other services, sites, or resources (“External Links”). You hereby acknowledge that we are not responsible for, and have no liability as a result of the availability of, any External Links or their contents. We recommend that you review the terms of use and privacy statements of such External Links prior to using them.

Indemnity

You agree to defend, indemnify and hold harmless airG , other members of the airG Group of Companies, your MSP, their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents, representatives and customers of each of them, from (a) any loss or damages, including without limitation actual legal fees, which they may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you, and (b) any claim or demand, including actual legal fees, made by any third party due to or arising out of Content that you Post to airG or through the Service. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you will remain liable for any such claim and for the costs of defense.

Changes to this Agreement

We may modify this Agreement (including, without limitation, the Code of Conduct) from time to time. If you do not agree to any modifications, you should stop your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. You can review the most current version of this Agreement (including the Code of Conduct) at any time at: http://corp.airg.com/legal.html

Governing Law and Disputes

This Agreement will be governed by the laws of the State of Nevada, and the federal laws of the United States of America applicable therein, without regard to conflict of laws principles.

All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived there from, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The appointing authority will be the American Arbitration Association. The case will be administered by the American Arbitration Association in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Subject to mandatory arbitration so provided, you and airG irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of Nevada with respect to any legal action or proceeding which may be brought at any time relating in any way to this Agreement.

Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.

Entire Agreement

This Agreement constitutes the entire agreement between you and airG and governs your use of the Service, superseding any prior agreements between you and airG with respect to the Service. You may also be subject to additional terms and conditions that apply when you use certain elements of the Service.

Notices

airG may provide you with notices, including those regarding changes to this Agreement, by postings on the Service, or by email.

Waiver

The failure of airG to exercise and enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone, and any rights you may have to your airG user ID, password, user profile or Content stored on the systems of airG terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. airG has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of airG , if airG ’s obligations hereunder are assumed by a third party, airG will be relieved of any and all liability under this Agreement.

Contractual Limitation Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be commenced within one year after such claim or cause of action arose or be forever barred.

Severability of Terms

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

END OF AGREEMENT

For more information contact airG customer service:
Tel: +1-604-408-2220
Email: support@airG .com

 

airG SERVICE PRIVACY POLICY

airG recognizes the importance of privacy and the sensitivity of your Personal Information (as defined below). We welcome your comments and/or suggestions on improving our privacy policies. If you have any concerns, please contact us at the address given below.

This Agreement explains generally airG ’s Personal Information practices, but in all respects this Agreement and the application of our practices will be subject to and in accordance with the provisions of applicable privacy protection laws.

THE SERVICE IS A COMMUNITY SERVICE AND, AS SUCH, ALL INFORMATION IN YOUR USER PROFILE (INCLUDING ALL PERSONAL INFORMATION, BUT EXCLUDING PRIVATE PERSONAL INFORMATION AS DEFINED BELOW) WILL BE MADE AVAILABLE TO OTHER USERS OF THE SERVICE, WHETHER SUCH OTHER USERS ACCESS THE SERVICE THROUGH YOUR MOBILE SERVICE PROVIDER (“MSP”) OR THROUGH ANOTHER MSP. THE ONLY INFORMATION IN YOUR USER PROFILE THAT WILL NOT BE MADE AVAILABLE IS THE INFORMATION IN THE DATA FIELDS DESIGNATED FOR: (A) YOUR PASSWORD, (B) YOUR PHYSICAL ADDRESS, (C) YOUR MOBILE NUMBER, (D) YOUR MOBILE IDENTIFIER NUMBER (MIN), AND (E) ANY IP ADDRESS UNIQUELY ASSOCIATED WITH YOUR MOBILE DEVICE (COLLECTIVELY, YOUR “PRIVATE PERSONAL INFORMATION”).

“Personal Information”

"Personal Information” means information about an identifiable individual, and includes things such as gender, age, ethnicity and financial information, health information, consumer preference information, user profiles and ID numbers.

Collection of Personal Information

We will usually collect Personal Information about you directly from you, such as in response to specific prompts or in the course of and as a result of your use of the Service. Your Personal Information may also be collected by your MSP, and disclosed by your MSP to us, in order for us to provide you with the Service.

Use of Personal Information

airG may use your Personal Information (including Private Personal Information) that we collect (or that we receive from your MSP) for the following purposes:

Disclosure of Personal Information

The Service is a community service and, as such, all information in your user profile (including all Personal Information, but excluding Private Personal Information) will be made available to other users of the Service, whether such other users access the service through your MSP or through another mobile service provider.As a general rule, airG does not and will not sell, rent, share or disclose your Private Personal Information without first receiving your permission or as disclosed in this policy.

Under certain circumstances, airG will disclose your Personal Information (including Private Personal Information):

Summarized Data

We may also use your Personal Information (including Private Personal Information) to generate Summarized Data for internal use and for sharing with affiliates, subsidiaries and business partners for planning and marketing purposes. “Summarized Data” means records which have been stripped of information potentially identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and Private Personal Information will be kept anonymous in Summarized Data.

Consent

By providing Personal Information to us and by retaining us to provide you with the Service, you voluntarily consent to the collection, use and disclosure of Personal Information as specified in this Agreement. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.

Opting Out

You may wish to opt out of receiving certain information and communications from airG . You may do so by contacting us at the addresses at the end of this policy or at the addresses provided for that purpose in the materials that are sent to you.

Your Security and Personal Information

airG takes all reasonable steps to ensure that your Private Personal Information is kept safe from loss, unauthorized access, modification or disclosure. However, due to the nature of wireless technology, we cannot ensure the security or privacy of information you submit through the Service, including Personal Information. Please remember that you control what Personal Information you provide while using the Service. Ultimately, you are responsible for maintaining the secrecy of your ID, passwords and/or any Personal Information in your possession. Always be careful and responsible regarding your Personal Information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the Personal Information you provide to others through the Service. Similarly, airG cannot assume any responsibility for the content of any Personal Information or other information which you receive from other users through the Service, and you release us and your MSP from any and all liability in connection with the contents of any Personal Information or other information which you may receive from other users. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the Personal Information or other information provided by other users of the Service. You release us from any and all liability in connection with the use of such Personal Information or other information of others.

Traffic and Usage

We may monitor traffic patterns, usage and related information. We use this information in order to optimize and assess usage of the Service. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

Personal Information of Individuals Under 14

We do not knowingly provide the Service to, and will not knowingly collect Personal Information from:

 

Need More Information about our Privacy Policy?

Should you have any further questions or concerns about the privacy of information you provide to airG , please feel free to contact our Privacy Officer at:

airG Privacy Policy c/o
Bruce Tattrie, Fasken Martineau DuMoulin LLP
2900-550 Burrard Street,
Vancouver, BC
V6C 0A3, Canada

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