You may not use the Service and may not accept these Terms of Service if: (a) you are not of legal age to form a binding contract with Moocho and/or the Merchants; or (b) you are a person barred from using the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service. Subject to applicable law, Moocho may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
In order to use the Service you must create a user account (the “Account”). As part of the registration process, you must select a password (the “Password”) and a user name (the “User Name”). Moocho recommends choosing a strong password which is at least eight characters long, using both letters and numbers. Moocho recommends changing the Password at least every three months, or more frequently. You shall provide Moocho with accurate, complete and updated Account information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. You may not: (a) select or use a User Name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a User Name that Moocho, in its sole discretion, deems inappropriate or offensive. Moocho reserves its right to refuse registration of, or cancel, a User Name, in its sole discretion.
You shall notify Moocho of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive or otherwise illegal activity, may be grounds for termination of your Account, at Moocho’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Rules of Conduct
Your use of the Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Service is a violation of criminal and civil laws. Moocho reserves the right to seek damages from any such person to the fullest extent permitted by law.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Moocho, or any other Moocho product or service. In addition, you agree not to post or transmit through the Service any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity via the Service that restricts or inhibits any other user from using or enjoying the Service by "hacking", "cracking", "spoofing", or defacing any portions of the Service.
You may not post or transmit through the Service any advertising, commercial solicitations or promotional materials relating to mobile applications, websites or online services which are competitive with Moocho or the Service; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You may not harvest or collect information about the Service visitors without their express written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Moocho.
You understand that the technical processing and transmission of the Service, including your User Submission, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Moocho has the right, but not the obligation, to monitor the content of the Service, to determine compliance with these Terms of Service and any other operating rules established by Moocho. Moocho has the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Service that we determine in our sole discretion unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You are solely responsible for any User Submission that you post, transmit or otherwise make available via the Service. You acknowledge and agree, that Moocho does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.
Moocho retains sole and exclusive ownership of all rights, title and interests in the Service and Software and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and Software and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
For purpose of these Terms of Service, the term "Content" includes, without limitation, video, audio clips, written comments, information, data, text, photos, software, graphics, in static or interactive feature, provided or otherwise made available through the Service. Moocho may not monitor or control Content posted by users of the Service (including, without limitation, User Submission) or other individuals or entities (such as Merchants or advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.
Moocho grants to you a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Content, solely for your personal use. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose other than your own personal use and at all times subject to these Terms of Service.
Moocho may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, graphics and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. However, Moocho does not guarantee that any User Submission will be made available through the Service. By submitting any User Submission on or through the Service, you: (a) acknowledge that you are publishing such User Submission and that you may be identified publicly by your User Name in association with such User Submission; (b) understand that whether or not such User Submission is published, Moocho does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize Moocho and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right, or any right of privacy; (e) grant Moocho a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit the User Submission in connection with the Service and Moocho’s business, including, without limitation, in connection with marketing of the Service; (f) without limiting subsection (e) above, agree that Moocho shall have the right, but not the obligation, to edit, delete, modify, reformat or translate any user Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if Moocho is concerned that you may have violated these Terms of Service), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your User Submission through the Service and to use, reproduce, distribute, display, perform and prepare derivative works based upon such User Submission solely for personal non-commercial uses.
You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission.
You understand that when using the Service you may be exposed to User Submission from a variety of sources, and that Moocho is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Moocho with respect thereto, and you agree to indemnify and hold Moocho, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.
Links to Third Parties
The Service may contain links to websites which are not maintained by Moocho. Links to third party websites are provided for your convenience and information only. Third party websites are not under Moocho’s control and Moocho is not responsible for the content or accuracy of those websites or the products or services offered on or through those websites. The inclusion of a link through the Service does not imply Moocho’s endorsement of the third party website nor that Moocho is affiliated with the third party website’s owners or sponsors.
Data Connectivity and Charges from Telecommunications Service Provider
IMPORTANT: In order to use the Service, you must receive data connectivity services from your telecommunications service provider. The cost of the data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Service, depending on your location at any particular time.
You may pay for transactions made through the Service with either valid credit cards, a stored-value card issued to you, in cash and/or through other means as permitted by Moocho from time to time (such as Authorize.net, PayPal or other providers of payment processing services). Generally, such payment for transactions will be charged to the payment method that you indicate through the Service and will be charged according to the individual agreement with the bank or the credit card company or other payment processing service. You agree to pay the applicable fees, including without limitation delivery fees ("Fees") that may be posted or noted to you when you either register for certain functionality or services within the Service or when you make a purchase through the Service. You may be presented with additional terms related to a specific purchase before you confirm the transaction and those additional terms will also govern that transaction. We reserve the right to change our Fees at any time. If you opt to pay for a purchase with your stored-value card, Moocho will charge such purchase to your stored-value card and will charge the Fees to either your credit card or other payment method on file with Moocho. All balances and all fees, charges, and payments collected or paid through the Service are denominated in U.S. currency. All Fees are charged at the time we process a transaction.
You authorize Moocho to process all payments in accordance with the Service, using the payment information you have supplied to Moocho.
Each purchase of products or services by a credit card and stored-value card (or a payment method linked to a credit card or stored-value card, such as a PayPal account) through the Service is subject to the following terms and conditions:
All prices and rates displayed through the Service are including VAT (as applicable), unless expressly provided otherwise;
you represent and warrant that all credit card and stored-value card information provided by you during the registration process is true, accurate and complete in all respects.
you are the legal owner of the credit card or stored-value card used in connection with the Service or you have been granted by the owner of a valid credit card or stored-value card an express permission to use such card to order products and/or services through the Service; and
you represent and warrant that any use of a third party’s credit card or stored-value card by you in connection with the Service will be made with the express prior consent of the legal owner of such card, and that you will be solely liable for, and indemnify and hold harmless, Moocho, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages and expenses (including reasonable attorneys’ fees) relating to an unauthorized use of a third party’s credit card or stored-value card by you.
If you purchase a subscription to a feature or service that is offered through the Service, we will bill the credit card or payment method that you indicate through the Service immediately, and then again at the beginning of each subscription period. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period. You can cancel subscriptions at any time from your Account page. If you cancel a subscription, you will still have access to the feature or service you subscribed to through the end of the applicable subscription period. If a feature or service that you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, stored-value card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
To the fullest extent permitted by law, refunds (if any) are at the discretion of Moocho and may be in the form of credit for the Service. Nothing in these Terms obligates Moocho to issue refunds or extend credit to any party.
Any and all trademarks, service marks, product names and trade names of Moocho appearing on or through the Service are exclusively owned by Moocho. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on or through the Service without the owner’s prior written consent.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOOCHO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MOOCHO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
MOOCHO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOOCHO SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND MOOCHO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FURTHER, MOOCHO AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICE OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER MOOCHO NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOOCHO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MOOCHO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOOCHO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
IN NO EVENT SHALL MOOCHO’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY LOSS OR DAMAGES, EXCEED THE AMOUNT PAID BY YOU TO MOOCHO FOR USE OF THE SOFTWARE OR SERVICE, EVEN IF MOOCHO HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOOCHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws and destination restrictions issued by national governments that apply to the Software, and you shall not export or allow the export or re-export of the Software in violation of any such restrictions, laws and regulations.
Moocho may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending Moocho an email to support@Moocho.com specifying your request and providing Moocho with your name and email address, or by logging in to your Account on the Website and selecting the “Delete Account” link on your Account settings page, and, in all cases, by uninstalling the Software from all of your Devices. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and Moocho may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. The Service shall be provided in accordance with, and this Agreement shall be governed by, the laws of the State of Florida without giving effect to any principles of conflicts of laws thereof, and the courts in the State of Florida shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without the express written consent of Moocho. Moocho expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure of Moocho to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit Moocho’s rights with respect to such breach or any subsequent breaches.
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