Last revised: June 1, 2022
1.1.These Publisher Terms ofService and the Company’s Terms of
Service found at https://www.mocaas.tv/publisher-terms/are
incorporated by reference herein, are applicable to all for
videoPublishers and/or Distributors (individually and collectively
the “Publisher”)providing video streaming through
the platform located at www.mocaas.tv andrelated domains,
subdomains, and mobile and desktop applications as well as OTTTV
applications (individually and collectively the “Services”). These
Termsgovern the Publisher’s use of the Services, including but not
limited to allfunctionalities, features, streaming capabilities,
user interfaces, and allcontent and software associated with the
Services as provided by Mocaas Corporation (the
“Company”).
1.2.The following Terms
ofService are for use of the Services on the Company’s white-label
videodistribution platform (the “Services”) to
market, distribute and sellthe Publisher’s video catalog.
1.3.Use
of the Servicesindicates your authorization to use the Services and
your acknowledgment andagreement to these Publisher Terms of Service
and the Company’s Terms ofService. If you do not agree to be bound
by and comply with all such terms andconditions you may not access
or use the Services.
1.4.The Company shall have theright,
at its sole discretion, to modify, add, or remove any terms
orconditions of the Publisher Terms of Service and the Company’s
Terms ofService. Any changes to the Publisher Terms of Service and
the Company’s Termsof Service shall be effective immediately
following the posting of suchchanges. You agree to review Publisher
Terms of Service and the Company’s Termsof Service from time to time
and agree that any subsequent use by you of the Platformand Services
following any such changes shall constitute your acceptance of
thechanges.
1.5.SERVICES ARE PROVIDED ONAN “AS IS” AND
“AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLERISK.
MOCAAS DOES ITS BEST TO FIX BUGS & UX ISSUES IN A TIMELY MANNER
WHENREPORTED APPROPRIATELY TO OUR TECHNICAL SUPPORT TEAM. WE WILL
NOT PROVIDEGUARANTEES OR TIMELINES ON BUG OR ISSUE FIXES. MOCAAS
CANNOT BE HELD LIABLE FORPERCEIVED LOSS OF REVENUE DUE TO ANY BUGS
OR ISSUES WITH THE PLATFORM;PUBLISHERS USE THIS PLATFORM ON AN AS-IS
BASIS. THE COMPANY RESERVES THE RIGHTTO RESTRICT OR TERMINATE YOUR
ACCESS TO THE SERVICES OR ANY FEATURE OR PART ATANY TIME AND IN ITS
SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE ISIN ANY
MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE. YOU
HOLDTHE RIGHT TO CANCEL YOUR ACCOUNT AT ANYTIME IF YOU ARE NOT HAPPY
WITH THESERVICE AS PER TERMS OUTLINED IN SECTION 1.7-1.9.
1.6.ALL
FEES TO MOCAAS AREFINAL. ALL MONTHLY FEES / PLATFORM FEES AND
DEVELOPMENT FEES TO MOCAAS AREFINAL, THEY ARE NOT REFUNDABLE.
1.7.If
you are on amonth-to-month agreement with Mocaas, either party holds
the right to cancelservice at any time with a 30-day notice period.
Once the 30-day notice is given the accountis terminated and all
data & access is removed from our servers at the endof this
period.
1.8.If you are on years termagreement with
Mocaas, either party holds the right to cancel the auto-renewalof
the agreement with at least 30-days notice prior to the term renewal
date(unless otherwise stipulated in another agreement or order
form). If your agreement does not auto-renew andexpires at the end
of its term, you will be automatically moved to amonth-to-month
agreement.Years Term agreements are applicable forthe entirety of
the term negotiated within the agreement. Should you wish
toterminate service prior to the acknowledged end date in the
agreement and arebilled on a monthly recurring schedule, you will be
responsible for paying outthe remaining balance owing in platform
fees to Mocaas.
2.1.The Services allowPublisher to upload and manage video catalogs
(“Publisher’s Content”) inorder that users can have
access to and can purchase the Publisher’s Content,and to customize
the look and feel of Publisher’s Content to give users aseamless
buying experience.
2.2.Publisher will be providedwith a
secure interface for viewing and exporting sales and other reports
inreal time.
2.3.When applying for a freetrial and
submitting your credit card information, you are
automaticallycharged after the 14 day period, on the 15th day, you
can cancel anytime priorto the bill date.
2.4. Mocaas
offers a 99% Uptimeguarantee for the Mocaas platform. Thisincludes
the publisher’s storefront and admin area.
2.5.Video-on-demandand
live streaming services. Mocaas does its best to provide the best
servicepossible, in the cases of both video encoding as well as
video delivery bothfor live streaming & on-demand.
2.6.Mocaas
provides 24/7technical support with the best effort to provide
same-day responses.
2.7.Mocaas is a platform of service,
by using the Mocaasplatform you agree that no matter the cause, the
max liable amount Mocaas canbe held liable for any case of
negligence, downtime, errors, bugs or errorswithin our platform, is
up to 30 days of total dues paid to Mocaas. Mocaas does its best to
provide you with apremium experience & platform if any errors
are made, the max refund &re-reimbursement we will offer is up
to 30 days of the total dues paid to Mocaas.
3.1.Publisher agrees that anyfiles or information uploaded is done
so voluntarily at their own discretionand risk.
3.2.The
Company offers no expressor implied guarantees or warranties
regarding the amount of payout, or anypayout at all to Publishers,
the effectiveness of the Services offered, or thatPublisher will
find the Services satisfactory, complete, or benefit, orsuitable for
your own circumstances.
3.3.COMPANIES DISCLAIMER
OFWARRANTIES – THE SITE, TOOLS, PLATFORM, APPS, ANALYTICS DATA AND
SERVICE AREPROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHETHER
EXPRESS, IMPLIED, ORSTATUTORY. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, COMPANY AND ITSAFFILIATES, SERVICE PROVIDERS, AND
AGENTS EACH DISCLAIM ALL WARRANTIES, WHETHEREXPRESS, IMPLIED OR
STATUTORY, REGARDING THE SITE, TOOLS, ANALYTICS DATA ANDSERVICE,
INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES
OFMERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS
FOR APARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH
QUIETENJOYMENT, AND NON-INFRINGEMENT. FURTHER, COMPANY DISCLAIMS ANY
WARRANTIES THATYOUR USE OF THE SITE, TOOLS OR SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
3.4.LIABILITY LIMITATION
–REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THESE TERMS FAILS OF
ITSESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED
BY LAW, IN NOEVENT WILL COMPANY OR ITS AFFILIATES, SERVICE
PROVIDERS, OR AGENTS BE LIABLE TOYOU OR TO ANY THIRD PARTY UNDER ANY
TORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUTLIMITATION FOR
ANY: (a) DIRECT DAMAGES, (b) LOSS OF REVENUE, PROFITS, REPUTATIONOR
GOODWILL, (c) LOST OR CORRUPTED DATA OR ANALYTICS DATA, WEBSITE
ORAPPLICATION FAILURE, COMPUTER FAILURE OR MALFUNCTION, (d)
INTERRUPTION OFBUSINESS, (e) UNAVAILABILITY OF THE SITE, TOOLS, OR
SERVICE, (f) BREACH OFDATA, SYSTEM, OR SERVICE SECURITY, (g) BUGS,
VIRUSES, TROJAN HORSES, OR OTHERSIMILAR ERRORS OR VULNERABILITIES
THAT THE SITE, TOOLS OR SERVICE INCLUDES ORCAUSES, OR (f) OTHER
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OFANY KIND,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
ORDAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
IN ANY CASE,TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S SOLE
LIABILITY AND YOUREXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE
TERMS SHALL BE: THE REPLACEMENTOF THE SERVICE, OR REFUND OF AMOUNTS
PAID BY YOU FOR THE TOOLS OR SERVICE, INCOMPANY’S SOLE DISCRETION.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMSMUST BE BROUGHT
WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVINGRISE TO
SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY
KINDFOR ACTIONS OF COMPANY’S AFFILIATES, SERVICE PROVIDERS, OR
AGENTS.
3.5.The Company will usecommercially reasonable
efforts to make the Services available 24/7, except forplanned
downtime for such things as support and maintenance that will
bescheduled, to the extent possible, during low volume hours, and
anyunavailability caused by a force majeure event such as an act of
God, act ofgovernment, flood, fire, earthquake, civil unrest, act of
terror, strike or otherlabor problem, Internet service provider
failure or delay. The Company shallnot be liable for any suspension
or termination of the Services caused by aforce majeure event.
3.6.Publisher
is required toobtain and maintain a high-speed Internet connection
and appropriate browser software.
3.7.Unless otherwise
agreedupon, small signage will appear on the bottom of all templates
built with Mocaas, showing powered by Mocaas.
4.1.Publisher shall notprovide any information or engage in
communications that is false, defamatory,libelous, hateful,
threatening, harassing, racially or ethnically
offensive,pornographic, obscene, or encourages anything that would
be considered acriminal offense, give rise to civil liability,
violate or infringe any thirdparty rights or any law or regulation,
including but not limited to laws orregulations relating to
intellectual property rights, or harm or threaten thesafety of any
person.
4.2.Mocaas reserves the soleright at any time to
limit who may use, or what is published to the Mocaasplatform.
Mocaas reserves the right to review and restrict businesses
fromself-serve accounts (basic, growth). We also reserve the right
to restrictaccess to third-party payment gateway by Mocaas payment
processors, shouldpublisher content violate the third-party
acceptable use terms. For moreinformation, refer to
https://stripe.com/en-ca/legal/restricted-businesses.
4.3.Content
Restrictions - Youmay not upload any content that:
o Is
sexually explicit (e.g. pornography).
o Exploits or endangers
minors.
o Is hateful, or discriminatory, or defamatory, or
incites hatredagainst any individual or group.
o Promotes or
supports terror or hate groups.
o Is harassing or abusive.
o
Contains false or misleading claims about
health-relatedinformation, and vaccine safety that has a serious
potential to cause harm.
o Violates any applicable law.
o
Contains information or instruction on assembling explosives.
o
Promotes fraudulent or dubious business schemes or proposes
unlawful transactions.
o Depicts unlawful acts of extreme
violence.
o Depicts or encourages self-harm.
o Depicts
animal cruelty or extreme violence towards animals.
o
Infringes any third party’s copyrights or other rights
(e.g.,trademark, privacy rights, etc.).
o Contains false
information or misleading information about votingor elections.
o
Promotes conspiracy theories lined with hate speech or that can
beclassified as defamation.
4.4. By uploading
information, Publisher grants to Company the right tostore,
transcode, and modify the uploaded information to ensure
itscompatibility with the Platform (Encoding, Streaming, Encryption,
Security& Delivery).
4.5. Publisher has
theresponsibility to submit age policy information and ensure
compliance with agerestrictions.
4.6.Publisher warrants
andrepresents that it possesses full right, power, and authority to
enter into andto perform this Agreement and that it will not grant
to any third party anyrights that will derogate from or be
inconsistent with the rights grantedherein.
4.7.Publisher
warrants andrepresents that there exist no oral or written
obligations that would in anyway interfere with the performance of
its obligations or the grant of rightsunder this Agreement.
4.8.Publisher
warrants andrepresents that all uploaded Publisher Content is
original, wholly owned byPublisher, duly licensed, or is in the
public domain and does not violate,conflict with or infringe any
third-party rights. Mocaas reserves the right toremove any Content
that allegedly infringes another person’s copyright.Inappropriate
circumstances, Mocaas may remove content or block the accounts
ofusers who infringe copyright. Notices to Mocaas regarding any
alleged copyrightinfringement should be directed via email at
support@mocaas.tv.
4.9 Other than as set forth herein, nothing in this
Agreement shall beconstrued to transfer or assign to Company any
rights or ownership in and tothe Publisher’s Content.
4.10.Mocaas
does its best toprotect and store your data, but its the sole duty
of the publisher to have acopy and backup of all your videos and
content uploaded to the Mocaas platform,Mocaas uses various CDNs and
cloud hosting services to store its videos andcontent securely. Any
loss of data forvideos and content uploaded to Mocaas is the sole
responsibility of thepublisher to re-upload and restore, Mocaas does
not hold any liability orguarantees for any videos or content lost
on the Mocaas network.
4.11.Mocaas does not store
orbackup the original file uploaded to Mocaas, the publisher must
keep a backupof all files uploaded to Mocaas as Mocaas will not
restore or allow thepublisher to download the original file uploaded
to Mocaas once its beenencoded. All backups of videos are
theresponsibility of the publisher.
4.12.All content
uploaded to Mocaasmust be behind a paywall or sign in. Except for
short trailers under 5 minutes on select videos, bothvideo-on-demand
and live streaming content must be put behind a paywall for
allviewing purposes. Mocaas is best atbeing a paywall, our platform
& streaming rates do not allow us to delivervideo that is free
and open to the public, please use Youtube for your openvideos &
free content, Mocaas is designed as a paywall/gated content. On any
package, unless otherwise indicated inthe pricing agreement for
custom plans, all videos must be protected behind alogin or paywall
and not open to the public for open viewing.
4.13. Live
streaming is streamedvia global CDNs to ensure the best experience
possible. Live streaming is automatically encoded intomulti-bit
rates for delivery. We do ourbest to offer you and your viewers the
best experience for live streaming.
5.1.The Company shall collectall fees in a format and through
procedures initiated in its sole discretionfor accessing or viewing
Publisher’s Content.
5.2.The payments from thePublisher
are paid on a monthly or annual basis depending on the package
chosenfrom the website https://app.mocaas.tv/payment/packages, the
company also providesenterprise packages, the terms and prices of
which are negotiated on a case bycase basis per publisher.
5.3.
Unless otherwisedesignated in another agreement all Mocaas fees are
subject to change at anytime.
5.4.If your fees to Mocaas
arepast due past due from the duedate), Mocaas holds the right to
hold all payments processed via MocaasPayments and directly deduct
all fees due to Mocaas from these sources.
5.5 .If the
fees to Mocaas aremore than 7 days past due Mocaas reservesthe right
to fully terminate your account and delete all data associated
withyour account in full and remove it from our servers.
6.1. Publisher shall not disclose any information about the Company
or its business, other than information publicly available, to any
third party, or use such information for its own or any third party
purposes.
6.2. The transactional data collected through
the Services is Confidential Information and Company agrees to hold
the Confidential Information in strict confidence and not to
disclose the Confidential Information to any third party except in
the situation where the Company is required to comply with any
applicable law or regulation or with a court order.
7.1. These Terms of Service, and any rights granted hereunder may not be transferred or assigned by Publisher.
8.1. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware applicable therein, without regard to conflict of laws. Publisher irrevocably consents to the exclusive jurisdiction of the courts located in the State of Delaware in connection with any action arising out of or related to these Terms of Service or their subject matter. Publisher waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
9.1. Nothing in this Agreement is intended to create or will be
construed as creating a joint venture, partnership,
employer/employee or principal and agent relationship between users
and the Company.
9.2. If any court having competent
jurisdiction holds any provision of this Terms of Service invalid or
unenforceable in any respect, such provision shall be enforced to
the maximum extent permitted by law, and the remaining provisions of
this Terms of Service shall continue in full force and effect.
9.3.
Publisher and the Company are independent contractors and nothing in
this Terms of Use shall be construed to constitute a joint venture,
partnership, agency or employer/employee relationship.
9.4.
The failure or delay of either party to exercise or enforce any
right or claim does not constitute a waiver of such right or claim
and shall in no way affect that party’s right to later enforce or
exercise it, unless such party issues an express written waiver,
signed by a duly authorized representative.
9.5.
Publisher consents to the use of electronic means to deliver any
notices pursuant to this Agreement and electronic records to store
information related to these Terms of Service.
9.6.
Except as expressly specified herein, this Agreement shall create
rights and obligations only between the Company and each individual
Publisher that accepts this Agreement and it does not create any
rights for any other parties.
9.7. This Terms of Use
constitutes the entire agreement between the parties relating to the
subject matter hereof and supersedes all prior or contemporaneous
oral or written versions concerning such subject matter.
9.8.
Publisher grants to Mocaas the right to use Publisher’s name as a
customer of Company on its website www.mocaas.tv and social media
channels such as Facebook, Instagram, Twitter and YouTube, and to
re-use any images and videos made public by the publisher on the
social channels & website owned by Mocaas.
9.9. All
billing unless otherwise indicated in your agreement, is month to
month, we do not offer pro-rated refunds if you cancel prior to your
renewal date.
9.10. We do our best to ensure proper
analytics, all analytics relating to users, videos, on demand,
viewing, watch time, engagement, and live streaming analytics is on
an as-is basis, we do not offer guarantees for its accuracy,
availability, or retention. At this time analytics are provided for
website, mobile browsers & mobile apps only, we do not offer
analytics for TV Apps, we are working on adding these in the near
future.
9.11. As a store owner a public-facing contact
form or email is required to be displayed on your Mocaas storefront
page. This email & contact form is used for your end users to
contact you in case they need to discuss refunds, account issues or
any other questions they may have. If Mocaas is in charge of your
end user support we will handle all support issues per your
agreement directly with Mocaas. If you fail to display your contact
information and fail to enable your end users to directly contact
you, Mocaas holds the right to fully block & terminate your
account. Mocaas will allow you up to 7 business days to respond to
our inquiries in order to add your contact information to your
website if one fails to exist.
9.12. Mocaas holds the
right to modify & change packages & plans which may impact
the features which your account includes & fees. If you are on
a month to month agreement with Mocaas, the features & fees are
subject to change at any time.
This Agreement begins when you first use our Services and continues
so long as you use our Service or have an account with us, whichever
is longer.
If you breach this Agreement, Mocaas may, at
its option: (a) terminate this Agreement immediately, with or
without advance written notice; (b) suspend, delete, or limit access
to your account or any content within it; and (c) to the extent
permitted by applicable law, retain any amounts payable to you
(which you forfeit). If Mocaas deletes your account for breach, you
may not re-register to Mocaas’ services again.
(This
agreement was last updated on June 1, 2022)