Effective Date: July 6, 2021
TO USE ANY OF THE APPS, YOU MUST BE AT LEAST 18 YEARS OLD AND A LEGAL RESIDENT OF THE UNITED STATES OF AMERICA OR CANADA. IF YOU ARE LESS THAN 18 YEARS OLD OR NOT A RESIDENT OR CITIZEN OF THE UNITED STATES OR CANADA, YOU MAY NOT USE THE APPS.
2. Access and Use of the Service
Services Description: The Service is designed to provide you with access to information, activities and communication with Corporate Customers and other users regarding places and recreational activities. It provides Corporate Customers with a platform to connect with, provide information to, and do business with potential customers and partners.
Your Registration Obligations: To access certain features and services on the App, you may be required complete the online registration process by providing accurate, current and complete information about yourself (the “Registration Data”). By completing the registration process, you represent that you can form a binding contract with us or, if you are completing the registration process on behalf of an entity, you represent that you are authorized to create a binding agreement on behalf of such entity. During the registration process, you will be prompted to create a log-in identification and a unique password to enable you to access your account. You will be solely responsible for the safe custody of your log-in identification and password and to avoid its misuse by any third party. We do not guarantee the continued availability of the Site or your account to you. We reserve the right to deny your registration request or to terminate or suspend your account at any time, with or without any reason. In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification, (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete, (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MOPO 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 when accessing the App. MOPO will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: MOPO reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MOPO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that MOPO may establish general practices and limits concerning use of the App, including without limitation the maximum period of time that data or other content will be retained by the App and the maximum storage space that will be allotted on MOPO’s servers on your behalf. You agree that MOPO has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the App. You acknowledge that MOPO reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that MOPO reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Communications between MOPO and You: When you visit the App or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (a) email to your email address indicated in your communications with us, (b) posting general notices on the App, or (c) posting messages that are displayed to you when you log in to or access the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. User Content and Conduct
Description of User Content. The App may include Interactive Areas, including, but not limited to, activity posts, playlists, galleries, news feeds, message boards, online hosting or storage services, or other areas or services in which you or other Users may create, post or store Content (“User Content”). You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk. You understand that when using the Apps, you may be exposed to User Content or Content provided by other third parties, and you agree that we are not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such Content. Users can be held liable for any illegal or prohibited User Content they provide to the App, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Apps, please notify us at tos.mopo.life. We will investigate your claim and may then take the actions deemed appropriate.
Prohibited User Content. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any App any of the following:
any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate our rights or those of others (including, but not limited to, our Corporate Customers’), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of ours, our Corporate Customers, or of any third party. By posting any User Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
User Content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate;
Unsolicited promotions, political campaigning, advertising or solicitations, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
Private information of ours or of any third parties, including, but not limited to, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the App, or which may expose us, or Corporate Customers, or other Users to any harm or liability of any nature or type.
• take any action that attempts to impersonate, deceive, or defraud any person or entity;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
• use any robot, spider, crawler, scraper, bots or other automated means to access or use the Apps;
• introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
• take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure;
• take any action that attempts to gain unauthorized access to, or attempts to compromise the normal functioning operation or security of, any network, system, computing facility, equipment, data or information of anyone;
• take any action that discloses or attempts to gain unauthorized access to user names, passwords, email address, or other personal information of anyone, including, without limitation, other end users;
• take any action that bypasses or attempts to bypass, or circumvents or attempts to circumvent, any measures we may use to prevent or restrict access to the Apps or certain features or modules of the Apps; or
• attempt to benchmark the Apps or related services.
Your License Grant to Us. You hereby grant us and our Corporate Customers and affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content you post to the App, throughout the world in any media.
Your Feedback. You acknowledge and agree that any feedback, ideas, suggestions, or proposals that you provide (“Feedback”) in the form of email or other submissions to us (including, but not limited to, any status or other updates) or otherwise post on or provide via the App will, to the maximum extent permissible under applicable laws, automatically become our sole property, and you hereby assign to us, exclusively and throughout the world, all rights, title, and interests in such Feedback, all intellectual property rights embodied therein, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sublicensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback. You are not entitled to any acknowledgment, compensation or reimbursement in connection with such Feedback or grant of rights to same. By providing such Feedback, you acknowledge and agree that: (a) your Feedback do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) we will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically become our property without our obligation to you; and (f) we may, but are not obligated to, review or monitor areas on the App where users may transmit or post Feedback.
4. Cancellation and Refunds
If you wish to cancel or obtain a refund for a local activity with a member, please contact us at [firstname.lastname@example.org].
5. Intellectual Property Rights
Ownership of Content. Except to the extent expressly provided elsewhere on the App, the App and all content and other materials on the App, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software and the selection and arrangement thereof as well as all Content posted on the App, whether by us or our other Users or Corporate Customers (collectively, the “Materials”) are our property or that of our Corporate Customers, sponsors, other Users or other licensors, and are protected by United States and/or international copyright laws, trademark laws, and other intellectual property laws.
You acknowledge and agree that the App may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MOPO, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the App. In connection with your use of the App you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the App or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App, including the open source software licenses, are the property of MOPO, our affiliates or our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MOPO.
Repeat Infringer Policy. In accordance with the United States Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or terminate the accounts of any users who infringe any of our intellectual property rights or those of others (including, but not limited to, our Corporate Customers), whether or not there is any repeat infringement.
6. Third Party Websites
The App may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MOPO has no control over such sites and resources and MOPO is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MOPO 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 offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including DMOs and tourist bureaus) found while using the App are between you and the third party, and you agree that MOPO is not liable for any loss or claim that you may have against any such third party.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR CORPORATE CUSTOMERS, SPONSORS, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPS OR THE CONTENT) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MOPO AND ITS CORPORATE CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIVE U.S. DOLLARS ($5.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE MOPO APP, MOPO LIFE, INC., AND ITS CORPORATE CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF ANY OF THE APPS OR THE MATERIALS,.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8. Warranty Disclaimers
THE APP, ITS INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) ON THE APP ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE, REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE APP AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE APP, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE APP.
WE DO NOT REPRESENT OR WARRANT THAT INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE APP, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INTERACTIVE AREAS, CONTENT, MATERIALS, USER CONTENT AND OTHER INFORMATION AVAILABLE ON THE APP.
11. User Disputes
You agree that you are solely responsible for your interactions with any other Users or Corporate Customers in connection with the App and MOPO will have no liability or responsibility with respect thereto. MOPO reserves the right, but has no obligation, to become involved in any way with disputes between you and any other users of the App.
For any dispute you have with MOPO, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If MOPO has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and MOPO agree otherwise, the arbitration will be conducted in the county where MOPO’s U.S. headquarters are located. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the App. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. you agree that, by entering into these terms, you and MOPO are each waiving the right to a trial by jury or to participate in a class action.
13. Your Privacy
14. Governing Law and Jurisdiction
15. Entire Agreement
17. Questions, Concerns or Suggestions