Common use of Subscriber Terms Clause in Contracts

Subscriber Terms. (i) If a Company Application is identified as a White Label Application in a Schedule, this Section 4.5(i) will apply. Company will ensure that the White Label Application will give each Subscriber an opportunity to review and knowingly accept the terms of T-Mobile’s privacy policy, service agreement(s), and end user licenses or decline the installation of the White Label Application. Company must provide prominent disclosures of T-Mobile’s terms of service prior to and at the time the Subscriber downloads the White Label Application. The parties will mutually agree on the retail price of the Company Applications (ii) If a Company Application is not identified as a White Label Application in the Schedule, this Section 4.5(ii) will apply. The parties will mutually agree on the retail price of the Company Applications. Company will disclose to Subscribers and permit Subscribers the opportunity to review and accept, in conformance with all applicable laws and regulations: (x) all terms relating to the purchase and use of Company Applications (including but not limited to, as applicable, warnings as to whether and how updates or upgrades will occur); and (y) Company’s policy regarding data collection, use, and disclosure, including but not limited to, what data may be collected by the Company and Company Applications and how data may be used.”

Appears in 2 contracts

Sources: Mobile Application Agreement (Mobitv Inc), Mobile Application Agreement (Mobitv Inc)