We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section and the
"PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through
third-party websites.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense
the licenses granted
in this section. Our use and distribution may occur in any media
formats and through any media channels.
This license
includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or
posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking
accounts, you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the
Services any Submission nor
post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or
misleading;
-
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution;
-
warrant that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licenses
to submit such Submissions
and/or Contributions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions
and/or Contributions; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have
no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach
of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organize
a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and
license
to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link
your account with online accounts you have with third-party
service providers (each such account, a
"Third-Party Account") by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to
access your
Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party
Account. You represent and warrant that you are entitled to
disclose your
Third-Party
Account login information to us and/or grant us access to
your
Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable
Third-Party
Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the
third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you
have provided to and stored in your
Third-Party
Account (the "Social
Network Content") so that it is available on and through the Services via
your account, including without limitation any friend lists
and (2) we may submit to and receive from your
Third-Party
Account additional information to the extent you are
notified when you link your account with the
Third-Party
Account. Depending on the
Third-Party
Accounts you choose and subject to the privacy settings that
you have set in such
Third-Party
Accounts, personally identifiable information that you post
to your
Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a
Third-Party
Account or associated service becomes unavailable or our
access to such
Third-Party
Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on
and through the Services. You will have the ability to
disable the connection between your account on the Services
and your
Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party
Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to
use the Services. You can deactivate the connection between
the Services and your
Third-Party
Account by contacting us using the contact information below
or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that
was obtained through such
Third-Party
Account, except the username and profile picture that become
associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third
parties ("Third-Party
Content"). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites
or the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the
Third-Party Websites or
to use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or
any contact with
Third-Party
Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://moxie.ink/privacy. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United States. If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
the
United States, then through your continued
use of the Services, you are transferring your data to
the
United States, and you expressly consent to
have your data transferred to and processed in
the
United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please
be advised that pursuant to applicable law you may be held liable
for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or
linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of
the State of
Georgia
applicable to agreements made and to be entirely performed
within the State of
Georgia, without
regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us
(collectively, the "Parties" and
individually, a "Party") shall be commenced or prosecuted in the
state and federal courts
located in
Muscogee,
Georgia, and the Parties
hereby consent to, and waive all
defenses
of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any claim,
action, or proceeding brought by either Party related in any way to
the Services be commenced more than
one (1) years after the cause of action
arose.
20. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Services;
(3) breach of these Legal
Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms;
(5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (6)
any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defense
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
26. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us,
simply reply to the text with "STOP.” You may receive an SMS
message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at
support@moxie.ink.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
FerdaLabs LLC
PO Box 101 3750 Ga-85
Ellerslie,
GA
31807-0101
United States
support@moxie.ink