YOUR ACCEPTANCE
By using this site, www.moobella.com (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein ("Terms and Conditions"). If you do not agree to the Terms and Conditions, please do not use the Site. MooBella, Inc. (“MooBella”) reserves the right, in its discretion, to update or revise the Terms and Conditions. Please check periodically for changes. The most current version of the Terms and Conditions, which supersedes all previous versions, can be viewed by clicking on the "Terms and Conditions" hyperlink located at the bottom of every page of the Site. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. You acknowledge and agree that MooBella may monitor your use of the Site to enforce compliance with the Terms and Conditions.
You may visit and browse the Site without giving any personal information. However, you may need to register with the Site to gain access to certain member-only features, receive notice of special events or promotions, enter a contest or promotion, respond to a survey or marketing communication, or use certain other Site features. All personal information is handled in accordance with our Privacy Policy. By using the Site, you signify your agreement to our Privacy Policy.
GENERAL
You may not use the Site for any purpose that is unlawful or prohibited by the Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of MooBella or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.
Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms and Conditions by reference. You agree to abide by such other terms and conditions. If there is a conflict between the Terms and Conditions and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
While we make reasonable efforts to provide accurate and timely information about MooBella on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available about MooBella.
PROPRIETARY RIGHTS
MooBella is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks associated with the Site, with all rights reserved, exclusive of (i) certain content submitted, transmitted, posted, or otherwise provided by third parties, which is owned by the licensors of such content, and (ii) certain trademarks associated with the products or services of other companies mentioned on the Site, which trademarks are owned by their respective owners and not by MooBella. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials. Use of the content or materials for any purpose not expressly permitted in the Terms and Conditions is prohibited. You acknowledge and agree that the unauthorized use of the contents and materials on the Site could cause irreparable harm to MooBella or its licensors and that in the event of such unauthorized use, MooBella or its licensors shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Documents available on the Site may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made, and the document is copied entirely. However, some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not MooBella). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.
If you have any questions about the license granted herein or if you would like to request additional rights, please write to mail@moobella.com.
THIRD PARTY SITES
The Site may link you to other web sites on the Internet. Such other web sites may not be under the control of MooBella, and you acknowledge that MooBella is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of MooBella. The inclusion of such a link does not imply endorsement of the site by MooBella or any association between MoBella and the operators of such other site.
LINKING TO THE SITE
Generally, MooBella does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify MooBella as the source of information displayed and preserve the integrity of MooBella web pages without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.
USER CONTENT
Some of the content displayed on the Site from time to time may be submitted, transmitted, posted, or otherwise provided by users of the Site over whom MooBella exercises no control (“User Content”). You may find User Content objectionable, inappropriate, or offensive. MooBella disavows responsibility for User Content to the extent permitted by law, and has no obligation to screen User Content in advance. MooBella may in its sole discretion at any time remove or alter any User Content or take any other actions with respect to User Content. MooBella has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, inappropriate, or offensive, you can bring it to our attention by emailing mail@moobella.com.
FEEDBACK AND SUBMISSIONS.
From time to time, the Site may provide you an opportunity to communicate with us and other users of the Site. Please be aware that any communication to MooBella through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of MooBella, or its affiliates, and MooBella is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
You agree that you are and shall remain solely responsible for the contents of any submissions you make and that you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary right(s).
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
In order to access some features of the Site, you may have to create a user account with personalized information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the user ID and password, and you are fully responsible for all activities that occur under your account. MooBella disclaims any and all liability or responsibility for such use.
TERMINATION
MooBella reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that MooBella shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to MooBella:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works; identification of the content that you claim 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 MooBella to locate the content; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please send such notice to:
MooBella, Inc.
555 Constitution Drive
Taunton, MA 02780
mail@moobella.com
MooBella will take reasonable steps to promptly notify the user whose submission was removed or disabled that MooBella has removed or disabled access to such content.
Counter-Notice
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to MooBella:
your electronic or physical signature; a description of the content that has been removed or to which access has been disabled; identification of the location at which the content appeared before it was removed or access to it was disabled; your name, address, telephone number, and email address; a statement by you that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which MooBella may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person; and a statement by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
Please send such notice to:
MooBella, Inc.
555 Constitution Drive
Taunton, MA 02780
mail@moobella.com
If a counter-notice is received by MooBella, MooBella may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, MooBella may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MOOBELLA DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOOBELLA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MOOBELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES MOOBELLA SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless MooBella and any of its affiliates and their respective employees, contractors, officers, directors, and shareholders from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. MooBella reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MooBella in asserting any available defenses.
CHOICE OF LAW AND FORUM
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms and Conditions or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INTERNATIONAL USE
MooBella makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, the Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and MooBella with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MooBella with respect to the Site. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
