MOBY CORP TERMS OF SERVICE
ACCEPTANCE OF TERMS
Moby Corp. (“Moby”) welcomes you. Moby provides the Moby Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.MobyCorp.com. By accessing and using the Moby Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Moby owned or operated services, you and Moby shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Moby may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF MOBY SERVICES
Moby provides users with access to a rich collection of resources, including without limitation various software, communications tools, forums, shopping services, personalized content and branded programming through its network of providers, and website which may be accessed through any various medium or device now known or hereafter developed (the “Moby Services”). You also understand and agree that the Moby Services may include advertisements and that these advertisements are necessary for Moby to provide the Moby Services. You also understand and agree that the Moby Services may include certain communications from Moby, such as service announcements, administrative messages and the Moby Newsletter, and that these communications are considered part of Moby membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Moby Services, including the release of new Moby products and Services, shall be subject to the TOS. You understand and agree that the Moby Services are provided “AS-IS” and that Moby assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Moby Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access or use the Moby Services.
You understand that the technical processing and transmission of the Moby Services, 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.
Please be aware that Moby may create certain areas on the Moby Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Moby Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Moby Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete real information about yourself and who you are as prompted by the Moby Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Moby has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Moby has the right to suspend or terminate your account and refuse any and all current or future use of the Moby Services (or any portion thereof).
Moby is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Moby Services must create a Moby Family Account. When you create a Moby Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Moby Family Account. By adding a child to your Moby Family Account, you also give your child permission to access many areas of the Moby Services, including, email, message boards and instant messaging (among others). Please remember that the Moby Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Moby Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a user name and password and account designation upon completing the Moby Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Moby of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Moby cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that 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 you, and not Moby, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Moby Services. Moby does not control the Content posted via the Moby Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Moby Services, you may be exposed to Content that is offensive, indecent or objectionable, or otherwise opt-in to the delivery of various forms of content including personal content. Under no circumstances will Moby be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, infringement, 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 Moby Services.
You agree to not use the Moby Services to:
Upload, post, email, 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; harm minors in any way; impersonate any person or entity, including, but not limited to, a Moby 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 Moby Service; upload, post, email, transmit or otherwise make available any Content 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); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy); upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Moby Services 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 Moby Services or servers or networks connected to the Moby Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Moby Services, including using any device, software or routine to bypass our robot exclusion headers; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations 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; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in all the paragraphs above.
You acknowledge that Moby may or may not pre-screen Content, but that Moby and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Moby Services and within Moby’s control to remove, particularly under a DMCA Notice. Without limiting the foregoing, Moby and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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 that you may not rely on any Content created by Moby or submitted to Moby, including without limitation information in Moby Message Boards and in all other parts of the Moby Services.
You acknowledge, consent and agree that Moby may access, preserve and disclose your account information and Content when available if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Moby, its users and the public.
You understand that the Moby Services and software embodied within the Moby Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Moby and/or content providers who provide content to the Moby Services. You may not attempt to override or circumvent any of the usage rules embedded into the Moby Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Moby Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON MOBY NETWORK
When you register with Moby, you acknowledge that in using the Moby Services to send electronic communications (including but not limited to email, search queries, sending messages to Moby Chat or Moby Groups, uploading or sharing photos, videos and files, and other Internet activities), in general you will be directly transferring such electronic communications directly from you to your recipient(s) because of the direct secure and encrypted nature of the Moby P2P-based communications protocol and Services. However, you may occasionally be causing communications to be sent either through Moby’s computer networks, portions of which are located in the United States and portions of which are located abroad where they may be temporarily available, and you may also be sending them to a recipient that takes offense or otherwise determines that they have cause for concern or damages. As a result, and also as a result of Moby’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions, and that such communications may be received by a recipient that has a concern or cause for action based on their view that their interests have been damaged.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Moby Services and transfer, posting and uploading of software, technology, and other technical data via the Moby Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Moby Services to parties identified on such lists; (b) agree not to use the Moby Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Moby Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE MOBY SERVICES
Moby does not claim ownership of Content you submit or make available for inclusion on the Moby Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Moby Services, you grant Moby the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Moby Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Moby Services solely for the purposes of providing and promoting the specific Moby Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Moby Services and will terminate at the time you remove or Moby removes such Content from the Moby Services.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Moby Services other than Moby Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Moby Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Moby Services and will terminate at the time you remove or Moby removes such Content from the Moby Services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Moby Services other than Moby Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Moby Services are those areas of the Moby network of properties that are intended by Moby to be available to the general public. By way of example, publicly accessible areas of the Moby Services would include Moby Message Boards and portions of Moby Groups and Profile Social Areas that are selectively open to both members and visitors. However, publicly accessible areas of the Moby Services would not include portions of Moby Groups that are limited to members, Moby services intended for private communication such as Moby Mail or Moby Messenger, or areas off of the Moby network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Moby.
CONTRIBUTIONS TO MOBY
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Moby through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Moby is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Moby shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Moby may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Moby without any obligation of Moby to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Moby under any circumstances.
You agree to indemnify and hold Moby and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Moby Services, your use of the Moby Services, your connection to the Moby Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF MOBY SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Moby Services (including Content, advertisements, Software and your Moby ID), unless you are formally registered as a content provider with Moby and authorized to provide opt-in content to Moby users.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Moby may establish general practices and limits concerning use of the Moby Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Moby Services whether P2P decentralized or centrally operated through Moby servers, the maximum number of email messages that may be sent from or received by an account on the Moby Services, the maximum disk space that will be allotted on a Moby user’s account, or on Moby’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Moby Services in a given period of time. You agree that Moby 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 Moby Services, including any back-up or third party back-up or cloud services. You acknowledge that Moby reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Moby reserves the right to modify these general practices and limits from time to time.
Moby Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Moby accounts located on Moby or your designated third party servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Moby too. Your agreement to this TOS constitutes your consent to allow Moby or third party users of Moby to store these communications on servers.
MODIFICATIONS TO MOBY SERVICES
Moby reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Moby Services (or any part thereof) with or without notice. You agree that Moby shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Moby Services (or any part thereof).
You may terminate your Moby account, any associated email address and access to the Moby Services by submitting such termination request to Moby.
You agree that Moby may, without prior notice, immediately terminate, limit your access to or suspend your Moby account, any associated email address, and access to the Moby Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Moby Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Moby Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Moby’s sole discretion and that Moby shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Moby Services.
Termination of your Moby account includes any or all of the following: (a) removal of access to all or part of the offerings within the Moby Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Moby Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Moby Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Moby shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Moby Services.
LINKS & FEEDS
The Moby Services may provide, or third parties may provide, links to other World Wide Web sites or resources and RSS or similar feeds. You acknowledge and agree that Moby is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Moby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
MOBY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Moby Services and any necessary software used in connection with the Moby Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Moby Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Moby or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Moby Services, such Content or the Software, in whole or in part.
Moby grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer subject to either allowing the freemium advertising model to operate, or opting-out of advertising by paying a renewable license fee and agreeing to the appropriate Moby EULA; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Moby Services, unless otherwise permitted via Moby’s API developer resources and programs. You agree not to access the Moby Services by any means other than through the interface that is provided by Moby and its authorized developers for use in accessing the Moby Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MOBY SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE MOBY SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MOBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MOBY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MOBY SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOBY SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBY SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBY OR THROUGH OR FROM THE MOBY SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE MOBY SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE MOBY SERVICE. IMMEDIATELY DISCONTINUE USE OF THE MOBY SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE MOBY SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MOBY SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOBY SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE MOBY SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR MOBY SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Moby Services concerning companies, stock quotes, investments or securities, please read the above again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Moby Services is provided for informational purposes only, and no Content included in the Moby Services is intended for trading or investing purposes. Moby and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Moby Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Moby may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Moby Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Moby Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Moby Services in an authorized manner.
You agree that all of Moby’s trademarks, trade names, service marks and other Moby logos and brand features, and product and service names are trademarks and the property of Moby Corp. (the “Moby Marks”). Without Moby’s prior permission, you agree not to display or use in any manner the Moby Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Moby respects the intellectual property of others, and we ask our users to do the same. Moby may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see Moby’s DMCA policy and provide Moby’s Copyright Agent the appropriate notice with the following information as further detailed in Moby’s DMCA Policy:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Moby’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Moby Corp.
524 2nd Ave #500
Seattle, WA 98104
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and Moby and governs your use of the Moby Services, superseding any prior version of this TOS between you and Moby with respect to the Moby Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Moby services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Moby each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Moby, shall be brought exclusively in the courts located in the county of Clark County, Washington or King County, Washington. You and Moby agree to submit to the personal jurisdiction of the courts located within these counties of Washington, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Moby to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Moby account is non-transferable and any rights to your Moby ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Moby Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group at firstname.lastname@example.org
Last updated December 1, 2018
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