Terms of Service
Notice: If you are using Mozes for marketing purposes, please see the commercial Terms of Service.
Welcome to Mozes, provided by Mozes, Inc.
These terms of service apply to individual, non-commercial accounts ("Individual" account). By using your Mozes account and associated Mozes mobile features (the "Service" or "Services"), you agree to be bound by the Terms of Service listed below (the "Terms").
The Service consists of mobile request features, online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources. You understand that this Service is available for your personal, non-commercial use only.
You agree that Mozes may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that content contained therein or other uploaded content will be retained by the Service, the maximum number of comments, emails, or other postings that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Mozes has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Mozes reserves the right to terminate accounts that are inactive for an extended period of time which shall be determined in Mozes' sole discretion.
Mozes' Services are intended solely for users who are thirteen (13) years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms. You will provide Mozes with complete, accurate and current registration information and will promptly update such information as necessary to ensure that it remains complete, accurate and current. Mozes reserves the right to suspend or terminate your account if it determines (or has a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate or no longer current. You will receive a user name and password and accept responsibility for any use of the Service under your user name and password. You agree to maintain the security of your password and identification and will promptly notify Mozes if there is any unauthorized use of your user name and password by contacting Mozes at support@mozes.com or (888) 669-3711. You acknowledge and hereby agree that Mozes may assume that activity conducted under your user name and password is being conducted by you.
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that as a user, you are entirely responsible for all Content that you upload, post, email, send via mobile message, transmit or otherwise make available via the Service. Mozes does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Mozes 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The following is a partial list of the kind of Content and activities that are illegal or prohibited through the use of the Services. Mozes reserves the right to investigate and take appropriate legal action against anyone who, in Mozes' sole discretion, violates this provision, including without limitation, removing the offending communication from Mozes' Services and terminating the accounts of such violators.
You agree that you will not use the Service to upload, post, email, send via mobile message, transmit or otherwise make available any Content:
You acknowledge, understand and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge, understand and agree that Mozes and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. Without limiting the foregoing, Mozes and its designees shall have the right to prevent the publication of or remove any Content that violates the Terms or is otherwise objectionable. Third party marketers ("Marketers") over whom Mozes exercises no control develop and may or may not moderate the Content delivered, stored or linked to by the Service. Mozes' automated machinery and computers store the Content that is presented, and the Mozes system attempts to remove profanity from keywords and mobile-originated (MO) text messages before including it in the Service. Moderation of Content may take up to 24 hours from the time of submission before the Content is approved and included in the Service, and is subject to ongoing review and may be taken out of the Service at any time and for any reason. Despite the foregoing, using the Service may include Content and/or links to Content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by Mozes or submitted to Mozes.
This Service is available for your personal, non-commercial use only. You may not take the Content provided by the Service and reformat and display them, or mirror Content from the Service on your Web site except as enabled by the use of Mozes widgets and data feeds designed to display content on other web sites. If you want to make commercial use of the Service, you must first enter into a band or commercial account agreement with Mozes. Please contact us for more information at sales@mozes-inc.com or (888) 669-3711, or use the appropriate method at www.mozes.com to initiate a commercial relationship with Mozes.
Mozes reserves the right to charge for the Service or any portion thereof. In particular, Mozes does charge for the registration of additional keywords on the Mozes system ("Keywords") and in some cases may charge for actual usage of those Keywords. Mozes requires payment in advance for the use of additional Keywords except in cases where Mozes has provided credit to an account. In the event Mozes provides credit, it must be activated by the user at the relevant part of the www.mozes.com site. Payment is to be made by providing either a valid credit card or other method approved by Mozes (collectively, the "Payment Method"). Payments are non-refundable. If for any reason Mozes is unable to charge the Payment Method for the full amount owed Mozes for the Service provided, or if Mozes is charged a penalty for any fee it previously charged to the Payment Method, Mozes may pursue all available remedies in order to obtain payment, which shall include but will not be limited to, immediate cancellation without notice of any Keywords registered or renewed by the account holder. Mozes reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular Services. The Payment Method may be changed at any time by logging into the "My Account" section of an account.
Click here to review the Mozes Privacy Policy. You acknowledge that you have read, understand, and agree to be bound by Mozes' Privacy Policy.
We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Mozes respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders' rights. As a condition of your account with Mozes, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. Mozes will terminate the accounts of users, and will terminate making available through its site the Content of any persons or entities that repeatedly infringe the copyrights, or other intellectual property rights, of others. In addition, Mozes reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Mozes Service, or if Mozes believes that conduct of the user or the feed is harmful to the interests of Mozes, its affiliates, or other users, or for any other reason in Mozes' sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/), Mozes will respond expeditiously to claims of copyright infringement committed using the Mozes Service that are reported to Mozes' "Designated Copyright Agent." If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Copyright Agent at copyright@mozes-inc.com.
Mozes disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Content and/or Services. Mozes disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, material or Content. Mozes disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.
If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall Mozes have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to Mozes.
THE MOZES SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MOZES SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOZES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOZES SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MOZES SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MOZES SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE MOZES SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL MOZES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MOZES SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOZES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MOZES SERVICES, FROM INABILITY TO USE THE MOZES SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOZES SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MOZES SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOZES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Mozes or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Mozes.
Effective Date: March 28th, 2008
Welcome to Mozes, provided by Mozes, Inc.
These terms of service apply to individual, non-commercial accounts ("Individual" account). By using your Mozes account and associated Mozes mobile features (the "Service" or "Services"), you agree to be bound by the Terms of Service listed below (the "Terms").
General Use
The Service consists of mobile request features, online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources. You understand that this Service is available for your personal, non-commercial use only.
Service Limitations and Message Volume
You agree that Mozes may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that content contained therein or other uploaded content will be retained by the Service, the maximum number of comments, emails, or other postings that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Mozes has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Mozes reserves the right to terminate accounts that are inactive for an extended period of time which shall be determined in Mozes' sole discretion.
Eligibility, Registration and Password
Mozes' Services are intended solely for users who are thirteen (13) years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms. You will provide Mozes with complete, accurate and current registration information and will promptly update such information as necessary to ensure that it remains complete, accurate and current. Mozes reserves the right to suspend or terminate your account if it determines (or has a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate or no longer current. You will receive a user name and password and accept responsibility for any use of the Service under your user name and password. You agree to maintain the security of your password and identification and will promptly notify Mozes if there is any unauthorized use of your user name and password by contacting Mozes at support@mozes.com or (888) 669-3711. You acknowledge and hereby agree that Mozes may assume that activity conducted under your user name and password is being conducted by you.
User Content and Prohibited Activity
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that as a user, you are entirely responsible for all Content that you upload, post, email, send via mobile message, transmit or otherwise make available via the Service. Mozes does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Mozes 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The following is a partial list of the kind of Content and activities that are illegal or prohibited through the use of the Services. Mozes reserves the right to investigate and take appropriate legal action against anyone who, in Mozes' sole discretion, violates this provision, including without limitation, removing the offending communication from Mozes' Services and terminating the accounts of such violators.
You agree that you will not use the Service to upload, post, email, send via mobile message, transmit or otherwise make available any Content:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- That contains nudity, violence, or offensive subject matter or contains a link to an adult website
- That harasses or advocates harassment of another person;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- That contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- That furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or creating and/or distributing computer viruses;
- That contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- That is fraudulent or deceptive.
- Harm or threaten anyone in any way;
- Impersonate any person or entity, including, but not limited to, a Mozes official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations or self-regulatory scheme having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "Stalk" or otherwise harass another;
- Collect or store personal data about other users in connection with the prohibited conduct and activities.
You acknowledge, understand and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge, understand and agree that Mozes and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. Without limiting the foregoing, Mozes and its designees shall have the right to prevent the publication of or remove any Content that violates the Terms or is otherwise objectionable. Third party marketers ("Marketers") over whom Mozes exercises no control develop and may or may not moderate the Content delivered, stored or linked to by the Service. Mozes' automated machinery and computers store the Content that is presented, and the Mozes system attempts to remove profanity from keywords and mobile-originated (MO) text messages before including it in the Service. Moderation of Content may take up to 24 hours from the time of submission before the Content is approved and included in the Service, and is subject to ongoing review and may be taken out of the Service at any time and for any reason. Despite the foregoing, using the Service may include Content and/or links to Content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by Mozes or submitted to Mozes.
Personal Use Only
This Service is available for your personal, non-commercial use only. You may not take the Content provided by the Service and reformat and display them, or mirror Content from the Service on your Web site except as enabled by the use of Mozes widgets and data feeds designed to display content on other web sites. If you want to make commercial use of the Service, you must first enter into a band or commercial account agreement with Mozes. Please contact us for more information at sales@mozes-inc.com or (888) 669-3711, or use the appropriate method at www.mozes.com to initiate a commercial relationship with Mozes.
Fees
Mozes reserves the right to charge for the Service or any portion thereof. In particular, Mozes does charge for the registration of additional keywords on the Mozes system ("Keywords") and in some cases may charge for actual usage of those Keywords. Mozes requires payment in advance for the use of additional Keywords except in cases where Mozes has provided credit to an account. In the event Mozes provides credit, it must be activated by the user at the relevant part of the www.mozes.com site. Payment is to be made by providing either a valid credit card or other method approved by Mozes (collectively, the "Payment Method"). Payments are non-refundable. If for any reason Mozes is unable to charge the Payment Method for the full amount owed Mozes for the Service provided, or if Mozes is charged a penalty for any fee it previously charged to the Payment Method, Mozes may pursue all available remedies in order to obtain payment, which shall include but will not be limited to, immediate cancellation without notice of any Keywords registered or renewed by the account holder. Mozes reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular Services. The Payment Method may be changed at any time by logging into the "My Account" section of an account.
Privacy Policy
Click here to review the Mozes Privacy Policy. You acknowledge that you have read, understand, and agree to be bound by Mozes' Privacy Policy.
Changes In Terms and Conditions
We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Intellectual Property Policy
Mozes respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders' rights. As a condition of your account with Mozes, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. Mozes will terminate the accounts of users, and will terminate making available through its site the Content of any persons or entities that repeatedly infringe the copyrights, or other intellectual property rights, of others. In addition, Mozes reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Mozes Service, or if Mozes believes that conduct of the user or the feed is harmful to the interests of Mozes, its affiliates, or other users, or for any other reason in Mozes' sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/), Mozes will respond expeditiously to claims of copyright infringement committed using the Mozes Service that are reported to Mozes' "Designated Copyright Agent." If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Copyright Agent at copyright@mozes-inc.com.
Disclaimer of Warranties
Mozes disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Content and/or Services. Mozes disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, material or Content. Mozes disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.
If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall Mozes have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to Mozes.
THE MOZES SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MOZES SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOZES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOZES SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MOZES SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MOZES SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE MOZES SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOZES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MOZES SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOZES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MOZES SERVICES, FROM INABILITY TO USE THE MOZES SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOZES SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOZES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOZES SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MOZES SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOZES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Mozes or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Mozes.
Effective Date: March 28th, 2008
