IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, USE OR ACCESS THE MOSE APPLICATION AND/OR ITS SERVICES PROVIDED ON THE APPLICATION.
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for the MOSE Application (the "Application"), an application owned and operated by Mose, Inc., a California corporation, whose principal office is located at 21143 Hawthorne Blvd. #170, Torrance, CA 90503.
This Agreement is a legally binding agreement made between you ("You," "Your", or "Yourself"), the User and Mose, Inc. ("MOSE", "App", "Application", "Company", "We", "Us" or "Our"), the provider of the App. Please read the following terms and conditions carefully. These terms govern your access to and use of the MOSE mobile application (the "App") and any related interactive and informational services made available to consumers ("Services") on any media platform (iOS, Android, etc.) Company is willing to license, not sell, the Application to You only upon the condition that You accept all the terms contained in this Agreement. Your access to and use of the App requires your compliance with the Terms listed below. By downloading, accessing, and/or using any portion of the Application, You indicate that You understand this Agreement and accept all of its terms and you agree to be bound by this agreement. If You do not accept all the terms of this Agreement, then Company is unwilling to license the Application to You. Company reserves all rights not expressly granted to You.
By being in compliance with the Terms, you may download and install one (1) copy of the App solely for your own personal and non-commercial use. You may not: (a) copy, modify or distribute the MOSE App for any purpose that potentially resulting in your personally commercial gain; (b) transfer, sub license, lease, lend, rent or otherwise distribute the Application and/or its Services to anyone else; (c) reverse-engineer, decompile or create derivative works of the Application and/or its Services; or (d) use the Application and/or its Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MOSE or its licensor.
Registration to Use MOSE
The MOSE App is designed for the Users to search and discover local businesses, products and services. All offers listed by our affiliated business partners will be available for redemption by the general public users. All business partners of Mose, Inc. shall honor all offers posted on the MOSE App while indemnifying Mose, Inc. from any redemption conflicts resulting between the businesses and the Users. All deals and offers provided by the business partners are solely the responsibilities of these partners and have no relations with the Mose, Inc. employees, agents, officers, directors and/or founders.
The MOSE App is designed for the Users to search and discover local businesses, products and services. All "one-time use" coupons posted by our affiliated business partners will be available for redemption by the general public users. All business partners of Mose, Inc. shall honor all coupons posted on the MOSE App while indemnifying Mose, Inc. from any redemption conflicts resulting between the businesses and the Users. All coupons provided by the business partners are solely the responsibilities of these partners and have no relations with Mose, Inc. employees, agents, officers, directors and/or founders. If you knowingly/unknowingly redeemed the coupon on your own, you may potentially lose the opportunity to receive the discount set forth by these businesses. The MOSE App is only intermediate service and platform that bridges the business and the Users. All potential conflicts/resolutions that may arise from redeeming these coupons will solely be the responsibilities between the business owners and the general public users (You).
MYSTERY WINNER PRIZES
From time to time, while browsing through the MOSE App, Users may come across surprise rewards from businesses that are affiliated with the MOSE. Upon receiving such messages ("Mystery Winner"), please carefully follow the instructions provided on the App so that you may properly redeem your reward. Please note that you must present your "Mystery Winner" reward to the business and allow the respective owners or representatives of the business to redeem your prize for you. If you knowingly/unknowingly redeemed the gift on your own, you may potentially lose the opportunity to receive the reward offered by the participating businesses. The MOSE App is only the intermediate service and platform that bridges the businesses and the Users. All potential conflicts/resolutions that may arise from redeeming these rewards will solely be the responsibilities between the business owners and the general public users (You).
Payments to Third Parties
Mose, Inc. will not take any form of payments from the Users of our MOSE App. Any types of purchases that may have resulted from the use the MOSE App will be made directly to each of the participating businesses' own website/shopping sites. Mose, Inc. will never retain any payment information or will ever take any payments for any products or services listed by the participating businesses on the MOSE App.
All contents posted on the MOSE App are all proprietary information of our business partners. Upon signing up to use the MOSE App, these business affiliates agreed to follow all terms and conditions set forth by Mose, Inc. and will do its best when the general public users (You) visit their respective establishments to redeem these posted offers. If there are any potential conflicts/resolutions that may arise between the businesses and the general public users (You), PLEASE RESOLVE SUCH ISSUES DIRECTLY WITH THE BUSINESS OWNERS. Mose, Inc. will not be deemed liable for any offers that Users could not redeem or for any potentially rewards that the users could not avail. If you have any additional questions please direct your concerns to the specific business in question.
Contests and Sweepstakes
Mose, Inc., from time to time, may offer contests or sweepstakes that are governed by a separate set of terms and conditions. These contests or sweepstakes may include certain eligibility requirements, additional terms and conditions, information about how your personal information might be used, and other requirements or information pertaining to the contest or sweepstake. Before you decide to enter one of the contests or sweepstakes, you agree to read and review all the terms and conditions set forth in the contest or sweepstake. By participating in a contest or sweepstake, you will be subject to those Rules and you agree to comply with them.
The MOSE App may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and purpose of the App. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the MOSE App. In addition, you agree not to do any of the following:
- Upload, post, email or otherwise transmit any viruses or other computer codes or application codes, or any other programs that may interrupt, destroy, limit the functionality of the MOSE App, or interfere with the access of any user to the Services. It is strictly prohibited.
- Circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Content. Use any metatags or other hidden text or metadata utilizing a MOSE name, trademark, URL or product name.
- Reverse engineer the MOSE application by any use of manual or automated software, devices, scripts robots, or other means to decipher, decompile, disassemble, or otherwise attempt to discover or determine the source code of the MOSE App.
- Attempt to or actually access the MOSE App by any means other than through the Application.
- Attempt to probe, scan or test the vulnerability of the MOSE system or network or breach or impair or circumvent any security or authentication measures protecting the Application and/or its Services.
- Use the Application and/or its Services in any way that competes with MOSE other than in a manner consistent with the intended use of the MOSE Application and/or its Services.
Mose, Inc. and it's business partners expressly reserve the right to retroactively reverse any offers, coupons or mystery winner prizes granted to you for any such prohibited conduct, or based on any material violation of the Terms of this agreement. You agree to provide your full cooperation and prompt repayment under such circumstances. Mose, Inc. shall determine, in its sole discretion, whether you have engaged in prohibited conduct. Mose, Inc.'s determination shall be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
Termination / Cancellation
You may terminate the MOSE App usage at any time and for any reason by simply deleting the MOSE Application from your smart mobile device. No other steps or process will be necessary to either terminate or cancel your MOSE Application usage.
Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Application and/or its Services. Upon any deletion, termination or cancellation of the Service, users understand that all offers, coupons, or mystery winner prizes will also be terminated or cancelled at the same time as well. No discounts or prizes will be honored by our business partners if you are no longer an official user of the MOSE Application.
The MOSE Application and/or its Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Mose, Inc. and its licensors exclusively own all rights, title and interest in and to the Application and/or its Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application and/or its Services Application and/or its Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application and/or its Services, except as expressly permitted in the Terms of this Agreement. Any feedback, comments and/or suggestions you may have can be submitted to email@example.com for any potential future consideration.
Third Party Services, Websites or Resources
The App may contain contents or services provided by our third party partners and/or links to our third party partners, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, or pricing set forth by our third party partners. The MOSE App, only serves as a promotional platform for our business partners to promote their products and services. Our business partners are solely and directly responsible for product availability, pricing accuracies, and prize redemptions presented on the MOSE App. Mose, Inc., our shareholders, and our direct officers are completely protected from such disputes and will be hold harmless in such situations.
Your use of the MOSE App is at your sole discretion. Mose, Inc. will not be responsible for any harm to your mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the MOSE Application and/or its Services. We do not make any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Application and/or its Services; or (b) that the Application and/or its Services will be error-free or that any errors will be corrected. Mose, Inc. will not be liable, and you are solely responsible, for any access or usage charges by your wireless carrier related to any device that you use to access or use the MOSE Application and/or its Services.
We are not responsible for (a) incorrect or inaccurate transcription of information, (b) problems related to any of the equipment or software associated with the Application and/or its Services or used by you, (c) human error outside of reasonable control, (d) any interruption, deletion, omission, degradation, defect, or line failure of any wireless network or electronic transmission, or (e) problems relating to inability to access the MOSE Application and/or its Services. We disclaim all liability for any technical failures or errors of, on, or connected to the MOSE Application and/or its Services. Mose, Inc. will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you have any other additional concerns, you may contact firstname.lastname@example.org.
The MOSE Application, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE MOSE APPLICATION AND/OR ITS SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND MERCHANTABILITY. No advice or information, whether oral or written, obtained by you from Mose, Inc., will create any warranty not expressly stated in this Agreement.
Limitation of Liability
MOSE, INC. AND ANY OF IT'S FOUNDERS, DIRECTORS, OFFICERS, REPRESENTATIVES EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, LOSS, LIABILITY, COST, OR EXPENSE OF ANY KIND SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE APP, THIRD PARTY CONTENT, OR THE APP CONTENT.
You agree that the Mose, Inc. parties will not in any event be liable for any special, incidental, or consequential damages arising out of the use of or inability to use the app for any purpose whatsoever, even if Mose, Inc. and its parties have been advised of the possibility of such damages. Notwithstanding the above provisions, if there will at any time be or arise any liability on the part of the Mose, Inc. The Mose, Inc. parties are not responsible for any damage to your mobile device, computer, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, or any other technical or other malfunction.
You acknowledge and agree that Mose, Inc. will use reasonable efforts to assure that no viruses or programs with similar functions operate on or are passed through the app. However, you hereby assume all responsibility (and hereby hold Mose, Inc. harmless) for detecting and eradicating any virus or program with a similar function on your computer equipment or mobile device, by whatever means you deem most appropriate for your needs.
You agree that in the event you incur any damages, losses, or injuries that arise out of Mose, Inc. acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any property, product, service, or other app content owned or controlled by the Mose, Inc. parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any website, property, products, services, or other app content owned or controlled by Mose, Inc.
You acknowledge that Mose, Inc. will not be liable for third party content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, therefore, certain limitation listed may not apply to you.
The Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be finally settled by arbitration in Los Angeles County, California, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The prevailing party in any arbitration or other proceeding arising under the Terms will be entitled to receive reimbursement of its reasonable expenses and attorneys' fees. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, we have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The Terms are the entire agreement between you and Mose, Inc. concerning the use of the MOSE Application and/or its Services, and supersede all prior or contemporaneous communications between you and Mose, Inc. with respect to the Application. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Mose Inc.'s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Mose, Inc. reserves the right, in our sole discretion, to modify, discontinue or terminate any or all of the Services at any time, or modify the Terms without notice; updates will be posted at www.moseapp.com. All modified terms and conditions will be effective immediately as of the date the modified terms are posted on Mose, Inc.'s website and will apply to all users. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease the usage of the MOSE App. By continuing to access or use the MOSE Application and/or its Services after we have posted the new terms and conditions on the site, you are agreeing to be bound by such newly updated changes. It is up to the User's personal responsibility to review such update to our newly listed terms and conditions. If the Application is suspended or cancelled, such notification of cancellation will be made available on the Mose, Inc.'s website. (www.moseapp.com)
If you have any questions about these terms and conditions, you can reach us at email@example.com
Last updated as of: March 8, 2015