Terms of Service
This agreement ("Agreement") is a contract between you and JNJ Mobile, Inc. ("MocoSpace") and governs your use of the MocoSpace Website services (the "Service"). By using the MocoSpace services, you agree to be bound by the following terms and conditions (the "Terms of Service"), whether or not you register as a member ("Member").
You must be 18 years of age or older to open a new account on MocoSpace.
MocoSpace reserves the right to remove any Member for any reason or no reason with or without prior notification. You acknowledge and agree that MocoSpace may store removed information at its sole discretion. You acknowledge and agree that MocoSpace is not liable for any lost or intentionally deleted data or information.
You may not 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; or upload images which contain nudity, pornography, weapons, violence, or drugs.
- Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 13 years of age or older, and if you are not of the age of majority where you reside, you will only use the MocoSpace Service with parental or legal guardian consent (following their review of this Agreement), and that your use of the Service shall not violate any applicable laws or regulations. You must be 18 years of age or older to open a new account. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
- Term/Fees. This Agreement shall remain in full force and effect while you use the Website and/or the Service. MocoSpace may terminate your membership for any reason, at any time, without notice. If MocoSpace terminates your Membership in the Service, you shall not be entitled to the refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect. MocoSpace's Terms of Service and/or subscription fees, if any, that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that MocoSpace reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service if necessary, as required by this Agreement. Standard usage charges for SMS, MMS and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance. T-Mobile subscribers: Other charges may apply. To stop receiving text messages at anytime, text STOP to 46626. For help, text HELP to 46626 or email support@MocoSpace.com
- Virtual Currency Sales. All sales of Moco Gold virtual currency are final. No refunds will be granted for any Moco Gold purchases, whether or not the Gold is redeemed. Moco Gold does not expire, and will be held in a balance associated with your account. If your account terminated either by yourself or by MocoSpace for any reason, any unredeemed Gold in your account will be forfeited. MocoSpace reserves the right to change pricing of virtual currency across different payment methods, devices and mobile carriers, to reflect variable processing fees associated with each form of payment.
- Non-commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of MocoSpace. Illegal and/or unauthorized use of the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by MocoSpace for any illegal or unauthorized use of the Website.
- Proprietary Rights in Content on MocoSpace. MocoSpace owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of MocoSpace and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site. a. You understand and agree that MocoSpace may review and delete any content, messages, photos, profiles, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of MocoSpace violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. You acknowledge and agree that MocoSpace is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that MocoSpace does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is MocoSpace liable in any way for any Content, including, but not limited to, for 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 Service. c. By posting any Content to the public areas of the Website, you hereby grant to MocoSpace the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the Website, including without limitation distributing part or all of the Website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Service. MocoSpace reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity, pornography, weapons, violence, or drugsl; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs or email addresses. g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although MocoSpace cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MocoSpace reserves the right to restrict the number of messages which a Member may send to other Members in any period to a number which MocoSpace deems appropriate in its sole discretion. h. You may not attempt to impersonate another user or person who is not a member of MocoSpace.
- Links. The sites linked to by the MocoSpace Website are developed by people over whom MocoSpace exercises no control MocoSpace cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that MocoSpace will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the MocoSpace Services.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MocoSpace to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to MocoSpace by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on MocoSpace in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on MocoSpace; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MocoSpace's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Designated Copyright Agent, JNJ Mobile Inc, 186 South Street Boston, MA 02111; Facsimile: (617) 542-1633; Attn: Designated Copyright Agent; and email: copyrightagent@corp.MocoSpace.com.
- Member Disputes. You are solely responsible for your interactions with other MocoSpace Members. MocoSpace, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Accounts. MocoSpace does not recognize the transfer of MocoSpace accounts nor the rights of multiple owners of an account. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. MocoSpace owns, or otherwise has rights to all of the content that appears in the Games. You agree that while you own the content you upload to MocoSpace, you have no right or title in or to any Games content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. MocoSpace does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Likewise, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Game.
- Limitation on Liability. In no event shall MocoSpace, including its directors, officers, employees or agents, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the web site or the service, even if MocoSpace has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MocoSpace's liability to you for any cause whatsoever and regardless of the form of the action, shall not exceed the greater of one hundred dollars ($100) or the amount paid, if any, by you to MocoSpace in the past 12 months.
- U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
- Indemnity. You agree to indemnify and hold MocoSpace, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, MocoSpace (or other Indemnitees) may incur resulting from or arising out of your use of the Service, your actions, any content you submit, post, or transmit through the Service, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between MocoSpace and any User of the Service.
- Termination. You agree that MocoSpace may, under certain circumstances and without prior notice, immediately terminate your MocoSpace account, any associated other accounts, and access to the Service. Cause for such termination shall include, but is not limited to, (a) breaches or violations of the terms of service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your MocoSpace account includes (a) removal of account access to all offerings within the Service available with a password, including but not limited to Private Messages and images that are password protected, (b) deletion of your password, and (c) barring further use of the Service. Further, you agree that all terminations may be made in MocoSpace's sole discretion and that MocoSpace shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- Disclaimer of Warranties. You acknowledge and agree that: your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. MocoSpace expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Mocospace makes no warranty that (I) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service 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 service is done at your own discretion and risk. You will be solely responsible for any damage to you or others. Computer system or loss of data that results, directly or indirectly, from the download of any such material. No advice or information, whether oral or written, obtained by you from MocoSpace or through or from the service shall create any warranty not expressly stated in the agreement. You acknowledge and agree that MocoSpace uses commercially reasonable efforts to protect its members, but that MocoSpace does not guarantee that the use of the service will be safe or secure. Notwithstanding anything to the contrary contained herein, and to the extent that a judgment is rendered in a court of competent jurisdiction disregarding one or more of the warranty disclaimer and liability limitation covenants contained herein, MocoSpace's aggregate liability to you shall not exceed the greater of one hundred dollars ($100) or the amount you have paid MocoSpace in the past twelve months.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflicts of laws principles thereof.
- Headings. The section titles of this Agreement are for convenience only and have no structural or legal effect.
- Waiver and Severability of this Agreement. The failure of MocoSpace to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MocoSpace without restriction.
- Other. This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and MocoSpace regarding the use of the MocoSpace and/or the Service.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement. MocoSpace is a trademark of JNJ Mobile, Inc.