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These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to through its website video streaming Services located under www.mocaas.tv and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Mocaas Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Mocaas Corporation (the “Company”).
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
Users accessing the Services must be at least thirteen (13) years of
age. Users registering for the Services and uploading User Generated
Content must be at least eighteen (18) years of age.
Access
to the Services may not be legal by certain persons or in certain
states or certain countries, or may require government authorization
or registration. When you access the Services, you are solely
responsible for compliance with the laws and regulations of your
jurisdiction, and Company makes no claims or representations that
its Services are lawful in any specific location.
The Services may be used only for lawful purposes relating to
streaming and the usage of this platform for that purpose. The
Company specifically prohibits any use of the Services, and all
users agree not to use the Services, for any purposes other than
those designated by the Company.
You are prohibited from
violating or attempting to violate the security of the Services,
including, without limitation, (a) accessing data not intended for
such user or logging into a server or account which the user is not
authorized to access,(b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c)attempting
to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to this
Services, overloading, “flooding”, “spamming”, “mailbombing” or
“crashing”, (d) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting, (e) scraping
or harvesting data or (f) the use of robots to skew payouts.
Violations
of system or network security or inappropriate conduct may result in
civil or criminal liability. The Company will investigate
occurrences that may involve such violations and may involve, and
cooperate with law enforcement entities in prosecuting users who are
involved in such violations.
You are solely responsible for the information you input or upload
to the Services, and warrant and represent you have the right and
authorization to register for the Services and post User Generated
Content. The Company reserves the right in its sole discretion to
decide whether the information you input or upload is appropriate
and complies with the Terms of Service, other Company policies, and
applicable laws and regulations.
If you register for the
Services, you will be asked to provide certain information including
a valid email address. You warrant and represent that all such
information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy located at
Privacy Policy. Company reserves the right to offer Company or third
party services and products to you based on the preferences that you
identify in your registration and at anytime thereafter, unless you
opt-out of receiving third party services and products.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify the Company of any unauthorized use of your username and password.
The Services are offered only for video streaming and related
materials, and is only a conduit for video streaming and related
materials.
Each user is solely responsible for deciding
whether the Services offered are suitable for your own purposes and
whether the Services match your needs.
The Company grants
you a limited, non-exclusive license to access and use the Services
for your own personal and non-commercial purposes. This includes
rights to view content on the Company’s website and applications.
If
you elect to access any component of the Services for which there is
a fee, you agree to pay all fees and charges associated with your
account on a timely basis. All such fees and charges (including any
taxes and late fees, as applicable) will be charged on your credit
card. Each user agrees to maintain valid credit card information as
part of your account information when applicable.
The Services may allow you to access digital content on a pay per
view basis, subscription basis, rent, or purchases. The basis on
which digital content is available on the Services will be indicated
on the product detail page for which you may purchase the digital
content. Subject to your payment of any applicable fees, purchases,
subscriptions, rent, or pay per view, the Company grants you
anon-exclusive, non-transferable, personal, non-sub licensable,
limited right and license to view the video stream based upon the
applicable fees, purchases, subscriptions, rent or pay per view
selected by you.
The Company makes no guarantees as to
the resolution and quality of your digital content when streaming.
The quality and speed of your stream of digital content has many
different variables, including your connection speed, location,
download speeds, devices, player and bandwidth.
The digital content available under specific payment plans,
including pay per view, subscription, membership, or rent will
change from time to time at the sole discretion of the Company. The
Company makes no guarantee as to the availability of a specific
payment plan.
By purchasing a payment plan, you expressly
agree that we are authorized to charge your selected payment plan on
the Payment Method you designate. You can update and change this
information at any time by logging into your videolibrary, and
clicking the settings tab under the username.
Receipts
are sent once the charge is successful to the registered email
account. Your Mocaas.tv subscription will continue in effect unless
and until you cancel your subscription or when Company terminates
the subscription. You must cancel your payment plan according to the
terms of that specific plan prior to the next charge in order to
avoid billing.
“Mocaas” and any other Company trademarks and trade names, and any
variations thereof, are and shall remain the trademarks and trade
names and exclusive property of the Company, and any unauthorized
use of such trademarks and trade names is prohibited.
The
Services (including without limitation all programs, complied
binaries, interface layout, interface text, documentation, resources
and graphics) are the sole and exclusive property of the Company and
are protected by copyright, trademark, and other intellectual
property common and statutory laws of the United States and other
countries.
You agree that Mocaas owns and retains all
rights to the Services and that all content is solely owned and
controlled by the content provider. All such materials are protected
and copyrighted, trademarked and protected by copyright, trademark,
and other intellectual property common and statutory laws of the
United States and other countries.
You may not sell or
modify the Services content or the Services, or reproduce, display,
publicly perform, distribute, or otherwise use the Services in any
way for any purpose.
You may have the option to use Twitter, Facebook or other social networking sites through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking sites.
If the Services require or include downloadable software such as an
app, or use of software provided by the Company for third parties,
the Company grants a personal, limited, non-exclusive, and
non-transferable license to use the Software, all portions thereof,
all documentation, and all updates (individually and collectively
the “Software”) only for the purposes relating to
video streaming and related activities through www.mocaas.tv.
You
shall not modify, alter, create derivative works, decompile, reverse
engineer, disassemble, include in other software, translate the
Software, or use the Software for any other purpose.
You
shall not copy, reproduce, transmit, rent, lease, resell,
sublicense, assign, distribute or otherwise transfer the Software or
this license.
This License does not allow users to use
the Software on any device that the user does not own or control,
and user may not distribute or make the Software available over a
network where the Software could be used by multiple devices at the
same time.
You agree that the Software, including the
specific design and structure, constitute proprietary and
confidential information, trade secrets and/or intellectual property
of the Company. You agree not to disclose, provide, or otherwise
make available such proprietary and confidential information, trade
secrets or copyrighted material in any form to any third party, or
use the proprietary and confidential information, trade secrets or
copyrighted material for your own benefit or for the benefit of any
third party.
You acknowledge and agree that use of the
Software may require the Company to acquire user’s mobile phone
number and perhaps additional such information in order to obtain
access Software.
You agree that the Company may collect
and use technical data and related information that is gathered
periodically to facilitate the provision of updates, product support
and other services. The Company may use this information, as long as
it is in a form that does not personally identify a user.
The
Company shall have the right, and you agree, that in its sole
discretion and with reasonable posted notice and/or sent to your
email address, to revise, automatically update, or otherwise modify
the Software, at any time. Your continued use of the Software
constitutes acceptance of and agreement to such changes.
This
License is effective until terminated the user or the Company at its
sole discretion. Your rights under this license will terminate
automatically without notice if you fail to comply with any terms of
this License. Upon termination, you shall cease all use of the
Software and delete all versions of the Software possessed by
you.
The warranty and limitation of liability provisions
set forth below apply also to the use of the Software.
If you believe that any materials accessible through the Services
constitute copyright infringement, please notify the Company by
providing our with the following format:
o The physical
or electronic signature of either the copyright owner or of a person
authorized to act on the owner’s behalf;
o A description of the
copyrighted work you claim has been infringed, and a description of
the activity that you claim to be infringing;
o Identification
of the URL or other specific location on the Services where the
material or activity you claim to be infringing is located or is
occurring; You must include enough information to allow us to locate
the material or the activity;
o Your name, address, telephone
number, and e-mail address;
o A statement by you, that (i) the
information you have provided is accurate and that you are the
copyright owner or are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; and (ii) you have a
good faith belief that use of the copyrighted materials is not
authorized by the copyright owner, any agent of the copyright owner,
or the law.
You can contact support@mocaas.tv regarding
any copyright infringement notices you find.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANT
ABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE
OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED
WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT
OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE
TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY
E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS
NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR
ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT
ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS
USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET
OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS
INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR
INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY
OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU
IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR
ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY
TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATIONYOU HAVE
UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR
THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH
INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE
COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF
ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THECOMPANY’S
CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF
THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE
COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,
REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF
THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE.
THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS
OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND
ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL
DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION
APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S
MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES
OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER
IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED
THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE COMPANY IS
NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION
UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN
BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS
AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING
FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS
THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES,
LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION
OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND
INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF
WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT,
NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION,
WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I)YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
Nothing in this Agreement is intended to create or will be construed
as creating a joint ventures, partnership, employer/employee or
principal and agent relationship between you and the Company.
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. You irrevocably consent to the exclusive
jurisdiction of the courts located in the in the State of Delaware
in connection with any action arising out of or related to these
Term of Service and waive any objection based on lack of personal
jurisdiction, place of residence, improper venue forum
non-convenience in any such action.
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. 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. You may not assign these
Terms of Service or any of your rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create
rights and obligations only between the Company and each individual
user and it does not create any rights for any other parties.