THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 20 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND SECTION 21 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
Last updated on November 10, 2023
2. OTHER APPLICABLE TERMS
3. INFORMATION ABOUT US
The Services are provided and operated by Mopio Inc. We are a Delaware corporation with a mailing address at 5101 Santa Monica Boulevard, Suite 8-708, Los Angeles, California 90029-2480.
4. CHANGES TO OUR SERVICES
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
5. ACCESSING OUR SERVICES
5.1 Our Services are made available free of charge, except as set forth on our websites.
5.2 We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice to you. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our Services.
6. YOUR RIGHT TO USE THE SERVICES
7. OUR INTELLECTUAL PROPERTY RIGHTS
7.3 You agree that we are free to use, disclose, adopt and modify any and all ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive any and all rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
8. YOUR RIGHTS
8.2 You agree that we may modify or adapt Your Content to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media.
8.4 We have the right to disclose your identity to any third party who is claiming that any of Your Content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
9. LIMITED LIABILITY AND WARRANTY
Please read this section carefully since it limits the liability of Mopio Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Mopio Inc.”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. We do not accept any responsibility whatsoever in respect of such information.
9.1 Your access to and use of our Services is at your sole risk and is provided “as is” and “as available”. The Services are for your personal use only and the Entities of Mopio Inc. make no representation or warranty of any kind, expressed or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.
9.3 The Entities of Mopio Inc. do not guarantee or assume any responsibility that:
(a) the Content or other information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the Content or other information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
9.4 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Services. You are responsible for ensuring that your use of the information and the Services complies with all applicable legal requirements.
10. CONTENT ON THE SERVICES
10.1 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
10.2 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
10.3 We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
11. CONTENT COPYRIGHT POLICY
11.1 Mopio Inc. respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
11.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org.
12. USE OF THE SERVICES
12.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
12.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mopio Inc.’s computer systems, or the technical delivery systems of Mopio Inc.’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
12.4 We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
13. LINKING TO US
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
14. THIRD-PARTY LINKS AND RESOURCES IN OUR SITE
14.1 If the Services contain links to other sites or resources provided by third parties, or otherwise integrates such third-party resources (collectively, “Third Party Components”), these Third Party Components are provided for your convenience only. We have no control over the contents of the Third Party Components, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD-PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD-PARTY COMPONENTS. If you access any such Third-Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third-Party Components.
14.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Mopio Inc. on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Mopio Inc. and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
14.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials available made available by such third parties.
17. SEVERAL USERS
19.2 You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
19.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 4 (Changes to our Services).
20. ARBITRATION AND GOVERNING LAW
21. LIMITATION ON TIME TO FILE CLAIMS