Terms of Service
Mochee Media (“we”, “us” or “Company”) owns and operates a browser extension (“Extension”) and this website (“Site”). Your (“you”, “user(s)”) installation and use of the Extension, our Site, and our Services (as defined below), together referred to as our products (“Products”) are governed by the following Terms of Service (“Terms of Service”), as well as our Privacy Policy (collectively “Terms”).
These Terms constitutes a legally binding agreement and digital contract between you and us. You hereby warrant that you are eligible to enter into these Terms and you are at least 13 years old. Further, you hereby acknowledge that these Terms enforces a class action waiver and arbitration provision as detailed in the dispute resolution section below. By accessing, installing or using the Products you hereby acknowledge that you have read, understood and agreed to be bound by the Terms, as well as applicable laws and regulations, when using our Products. If you do not agree to be bound by these Terms, you are not authorized to access or use the Products in any manner.
Other Policies
Your use of the Products is also subject to the other policies, disclaimers and guidelines we post on such Extension, the Website or the Services from time to time.
Services and License
Our Extension enables you to extend the functionality of your browser and personalize your browsing experience. Upon installation, the Extension will change your browser’s new tab settings. The install and use of the Extension and the features provided, are collectively referred to herein as the “Service(s)”. You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license solely for your personal, non-commercial use. You may Install the Extension solely on a single device owned or controlled by you. Subject to your acceptance and compliance with these Terms, you are granted with a limited, revocable, non-transferable, royalty-free license to use the Services (“License”).
Users’ Warranties and Restrictions of Use
You will use the Products in compliance with any applicable law. You agree and undertake not to: (i) circumvent, disable or otherwise interfere with security-related features of the Products; (ii) copy, sell, share, assign, sublicense, grant a security interest in or otherwise transfer any right in, or distribute or otherwise transfer the Products; (iii) alter, modify, create a derivative work, decompile, disassemble, reverse engineer, or otherwise attempt to access the Extension’s source code; (iv) deface, obscure, remove, or alter any copyright, trademarks, or other proprietary rights; (v) access the Products by any automated means, including data-mining, crawling, scraping, or using any robot, spider, or any other automatic device; or (vi) otherwise use the Products in an illegal or fraudulent manner including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
We reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Products at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of the Products at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Products or to any feature available therein.
Ownership and Protection of our Intellectual Property Rights
Other than the rights explicitly granted to you herein, we reserve all rights, express or implied, in the Products including any derivatives, improvements and modifications thereof and associated intellectual property rights. All trademarks, service marks, product names, and trade names appearing on or through the Products are owned by us or other third parties.
The contents of the Products are intended for the personal, non-commercial use of our users. All right, title and interest to the content displayed on the Products, including but not limited to the look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties (the “Content”), are the property of Mochee Media or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by Mochee Media you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Products or Content (including without limitation any software) available through the Products.
Third Party Content
The Products may include third party content or links to third party websites (collectively, "Third Party Content"). Your use of Third Party Content available through the Products is subject to the terms and conditions of the applicable third party. We have no control over Third Party Content nor obligation to examine, review or monitor such Third Party Content, and we are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content. Hence, any use of Third Party Content is at your sole risk and responsibility. Furthermore, Third Party Content available through the Products shall not be considered as endorsed or authorized by us. We may delete or remove any Third-Party Content without notification. You hereby waive any claim or legal rights or remedies you may have against us with respect to Third Party Content.
Modifications to the Products
We reserve the right, from time to time, and at our sole discretion, to modify, suspend, discontinue, or terminate the Products (or any part thereof) with or without notice. You hereby agree to receive any modifications without prior notification. You agree that we will not be liable to you or to any third party for any modifications, suspension, discontinuation, or termination of the Products.
You acknowledge that your browser periodically checks for modifications of all your extensions and these modifications are governed by your browsers’ privacy policy and terms which we recommend you to review. Without derogating the above, we are not obligated to provide any new version of the Products.
Disclaimer and Disclaimer of Warranties, Limitation of Liabilities
BY USING THE PRODUCTS YOU UNDERSTAND AND AGREE THAT:
1. THE PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OR THROUGH THE PRODUCTS IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKEN BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OR THROUGH THE PRODUCTS.
2. YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIATION, ANY WARRANTIES OF DESIGN, OPERATION, FITNESS OR A PARTICULAR PURPOSE, SATISFACTION, MERCHANTABILITY, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING FROM ANY USE OR RELIANCE ON THE PRODUCTS IS SOLELY BORNE BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
3. WE TAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PRODUCTS WILL MEET YOUR NEEDS.
4. ANY MATERIAL OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE PRODUCTS SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
6. YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE; OR (6) ANY OTHER MATTER RELATING TO THE PRODUCTS. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL WE DIRECT LIABILITY HEREUNDER TO EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE PRODUCTS, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS AND CONTENT.
Indemnification
The Company, its officers, employees, licensors, affiliates, successors or assigns shall not have any liability to you or any third party for any matter arising out of these Terms or your use or inability to use the Products, whether in contract, tort or otherwise, or for any damages, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages arising out of the use or inability to use the Products, including for any loss or damage to business earnings, loss of goodwill, lost profits, loss of data, computer damage or system failure or costs of procurement of substitute goods or services, suffered by you and/or any third party, even if we are or have been expressly advised of the possibility of such damages. Your only right or remedy with respect to any errors or dissatisfaction with the Products, is to cease using the Products and uninstall any Products. Notwithstanding the above, to the fullest extent possible under applicable law, in no event shall the Company’s aggregate liability for any claim arising out of or related to the Products or these Terms, exceed the cost of the Products.
You will indemnify, defend, and hold the Company and its employees, officers, directors, subsidiaries, affiliates or other partners, from and against all claims, demands, suites, costs, damages, losses, liability, and expenses, including legal expenses and reasonable attorneys' fees, arising of or incurred as a result of your use of the Products, or your violation of these Terms. You are solely responsible for your actions when using the Products.
Term and Termination
These Terms are valid as of the date in which you began using the Products. You may stop using the Products at any time by using the standard uninstall processes available by your browser to remove the Extension. Without prejudice to any other rights, the License granted herein and these Terms shall terminate immediately, without notice, if you fail to comply with any provision of these Terms. Further, we may terminate these Terms and discontinue, terminate, suspend or modify any aspect of the Products at any time, with or without prior notice, and with or without cause.
Miscellaneous
Enforcement, Choice of Law, Choice of Forum
Every provision of these Terms will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from these terms, and all other provisions will remain in full force and effect. The Terms will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of Delaware without respect to its choice of law provisions. Any action between the parties will be venued in a Delaware state or federal court. You irrevocably submit to the personal jurisdiction in Delaware state or federal court.
No Modifications or Waiver
The Terms may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Terms or any right or remedy available here under or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of the Terms. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
Privacy Practices
The Company respect its users’ privacy rights and thus, handle and store user’s data solely for the purpose of providing and enabling the Service. Please review our Privacy Policy before using the Products.
Changes to the Terms
We reserve the right, at our discretion, to revise or update these Terms from time to time in its sole discretion. Each time changes are made to the Terms, the revised Terms will be posted to the Site. Such changes shall be effective upon publication of the amended Terms. YOUR CONTINUED USE OF THE PRODUCTS FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES AND YOU AGREE TO BE BOUND BY THEM. PLEASE MAKE SURE TO REVIEW OUR TERMS PERIODICALLY.
Contact Us
If you have any questions about these Terms, or wish to report violators of these Terms contact us through our contact form or at: info@mocheemedia.com.
Mochee Media LLC
Dover, DE
Email: info@mocheemedia.com