1. Your Acceptance
MoBoogie may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. You should visit this page periodically to review the Terms of Service, because they are binding upon you.
If you are an Account Holder, you may be notified of additional terms and/or agreements that you must agree to in order to remain a User or such additional terms and/or agreements may be posted here.
A violation of these Terms and Conditions may result in the immediate termination of a User's account without notice to such User. The Company reserves the right to commence legal action against any User that violates these Terms and Conditions.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. MoBoogie Website
These Terms of Service apply to all users of the MoBoogie Website whether they are Account Holders or not, including users who are also contributors of video content, information, and other materials or services on the Website. The MoBoogie Website includes all aspects of MoBoogie, including but not limited to all products, software, applications, User Submissions, and services offered via the website
3. MoBoogie Accounts
Although MoBoogie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MoBoogie or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
MoBoogie hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without MoBoogie's prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to the MoBoogie Player, the MoBoogie Uploader, or any other technologies included in the Website.
- The Web Site may be used only for lawful purposes by users. You may not, and by using the Web Site, you agree not to do the following things: post nudity, violence, or obscene language; use the Web Site for harassment; post libel; post derogatory remarks directed towards other persons; post racist remarks; post material that is copyrighted, unless you are the copyright owner or you have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, unlawful, defamatory, threatening, harassing, abusive, hateful, or to any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; post sexually suggestive language, pictures or links; use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website; use the Website for the transmission of "junk mail", "spamming" or other like uses; take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; use the Website for criminal activity; advertise products through the Website; utilize any type of coding to obstruct the images, advertising and other content of the Website; attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; frame of or link to any of the Website Content or information available from any other web site without express written consent from the Company; use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from MoBoogie on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); broadcast, duplicate, transmit, sell, or otherwise use User Submissions of other Users and any other Website Content that you did not submit; or any other use MoBoogie deems objectionable ("Prohibited Uses").
- You agree not to access User Submissions (defined below) or MoBoogie Content through any technology or means other than the video playback pages of the Website itself, the MoBoogie Player, or other explicitly authorized means MoBoogie may designate.
- You agree not to use the Website, its Content or software, or any personally identifiable information from the Website for any commercial use, without the prior written authorization of MoBoogie. You may not post commercial advertisement, affiliate links, referral links, and all other forms of solicitation on the Web Site. The Company reserves the right to remove any postings on the Web Site in its sole discretion.
- If you are unsure whether your proposed use of the MoBoogie Website or MoBoogie Content is a commercial use, you can ask us at email@example.com.
- If you use the MoBoogie Player on your website, you must include a prominent link back to the MoBoogie website on the pages containing the MoBoogie Player and you may not modify, build upon, or block any portion of the MoBoogie Player in any way.
- If you use the MoBoogie Uploader, you agree that it may automatically download and install updates from time to time from MoBoogie. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MoBoogie to deliver these to you) as part of your use of the MoBoogie Uploader.
- You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. MoBoogie will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MoBoogie servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MoBoogie grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MoBoogie reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
MoBoogie reserves the right to discontinue any aspect of the MoBoogie Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MoBoogie Website.
- You may access MoBoogie Content, User Submissions and other content only as permitted under this Agreement.
- The content on the MoBoogie Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MoBoogie, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- You may access User Submissions for your information and personal use solely as intended through the provided functionality of the MoBoogie Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by MoBoogie on the MoBoogie Website for that User Submission. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MoBoogie Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MoBoogie Website or otherwise as prohibited under this Agreement.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the MoBoogie Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MoBoogie Website or the Content therein.
- You understand that when using the MoBoogie Website, you will be exposed to User Submissions from a variety of sources, and that MoBoogie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MoBoogie with respect thereto, and agree to indemnify and hold MoBoogie, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
As a MoBoogie account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MoBoogie does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MoBoogie to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MoBoogie, you hereby grant MoBoogie a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, license, prepare derivative works of, display, modify, adapt, publish, translate, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate in other works in any form, media, or technology now known or later developed, the User Submission in connection with the MoBoogie Website and MoBoogie's (and its successors' and affiliates') business including any commercial or non-commercial usage, including without limitation, for promoting and redistributing part or all of the MoBoogie Website (and derivative works thereof) in any media formats and through any media channels for marketing or sponsorship purposes. You also hereby grant each user of the MoBoogie Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that MoBoogie may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MoBoogie all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
MOBOOGIE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY CONTENT THAT IS POSTED ON THE WEB SITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE WEB SITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO RESOLVE THE DISPUTE DIRECTLY WITH THE USER (OR THEIR AGENCY), AND HOLD HARMLESS THE MOBOOGIE.
MoBoogie does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MoBoogie expressly disclaims any and all liability in connection with User Submissions. MoBoogie does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MoBoogie will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MoBoogie reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
MoBoogie reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service. MoBoogie may remove any User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time for any reason or no reason, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MoBoogie's designated Copyright Agent to receive notifications of claimed infringement is: Drew Ryan, MoBoogie.net, LLC, 816 W. 8th Ave, Denver, CO 80204, email: firstname.lastname@example.org, fax 303-292-2019. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MoBoogie customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
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 the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement 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; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MoBoogie may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MoBoogie's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MOBOOGIE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBOOGIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOBOOGIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS RESULTING FROM ANY USER SUBMISSION, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 MOBOOGIE WEBSITE.
MOBOOGIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBOOGIE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBOOGIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL MOBOOGIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS RESULTING FROM ANY USER SUBMISSION, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBOOGIE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
MOBOOGIE DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEB SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOBOOGIE IS NOT RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MOBOOGIE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBOOGIE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOBOOGIE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE MAXIMUM LIABILITY TO MOBOOGIE, LLC ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The Website is controlled and offered by MoBoogie from its facilities in the United States of America. MoBoogie makes no representations that the MoBoogie Website is appropriate or available for use in other locations. Those who access or use the MoBoogie Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MoBoogie, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MoBoogie Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MoBoogie Website.
12. Ability to Accept Terms of Service
You affirm that you are either 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, you are not authorized to use the MoBoogie Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MoBoogie without restriction.
You agree that: (i) the MoBoogie Website shall be deemed solely based in Colorado; and (ii) the MoBoogie Website shall be deemed a passive website that does not give rise to personal jurisdiction over MoBoogie, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and MoBoogie that arises in whole or in part from your use of the MoBoogie Website shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado.
YOU AND MOBOOGIE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOBOOGIE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
© 2013 MOBOOGIE.COM