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TERMS OF USE

Effective Date: July 6, 2021

 

Please read these Terms of Use carefully before using the services offered by MOPO Life, Inc. (“MOPO,” “we”, “us,” “our”). We are a social platform for recreational activities offered through our website, mopo.life, as well as such other web applications and mobile applications, located in the Apple Application Store or Google Play Store, that we own or operate (“Site(s),” or “App(s)”) for potential activity goers (“you”, “your”, “User(s)”) to share recreational activities and connect to recreational activities  shared by Tourist Bureaus/DMOs, community, culture and environmental organizations (“Corporate Customers”) and other Users (the “Service(s)”). 

The following terms and conditions govern your use of the App, your use of any current or future content hosting or storage services, discussion forums, user generated content or other interactive areas (collectively, “Interactive Areas”) of the App, and your uploading, browsing, or downloading of any documents, information, presentations, audio or video clip(s), or other materials (collectively, “Content”) from the App. Use of the App, its interactive areas, and its content are subject to the terms and conditions contained herein, and all other rules, policies, and procedures that are incorporated herein or that may be published or updated from time to time through the App (collectively, the “Terms of Use” or “Agreement”). 

BY ACCESSING OR USING THE APP, BY USING ANY INTERACTIVE AREAS, OR UPLOADING OR ACCESSING ANY CONTENT FROM THE APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE APP. BY CLICKING ON OR PRESSING “I ACCEPT”, “I AGREE” OR SIMILAR VERBIAGE DURING THE SIGN-UP PROGRESS, OR BY ACCESSING OR USING ANY PART OF THE APP, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE APP OR ANY OF ITS INTERACTIVE AREAS OR CONTENT. 

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. 

1.  Updates and Changes to Terms of Use

We reserve the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of the App, at any time and in our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the App. Your continued use of the App or the Interactive Areas following the posting of such changes or modifications constitutes your acceptance of them. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines on the App, your sole recourse is to stop using the App and the Interactive Areas, and terminate any access or use of any Content.

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.

If you choose to register for the App, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the App’s registration form. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. MOPO reserves the right to refuse registration of or cancel a MOPO account in its discretion. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the App.

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.

 

Acceptable Use Policy. The Apps are available for access and use by you solely for lawful purposes. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates these Terms of Use; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Apps; or (d) through the use of the Apps, abuses, defames, harasses, libels, disparages or threatens another user of the Apps or any other third party, is strictly forbidden. You also may NOT: 

• 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.

Disclaimers of User Content. We provide the App solely as an Internet Service Provider, as such term is defined by various laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”) and Section 230 of the Communications Decency Act (“CDA”). As such, although we prohibit certain activities in these Terms of Use, we do not control and take no responsibility or liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the App, including the Interactive Areas. Your use of the App and the Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our Users or Corporate Contributors in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any User Content posted in any Interactive Areas. We also do not endorse, support, represent, approve, sponsor, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or Feedback (as defined below).

We reserve the right, but not the obligation, to remove, screen or edit the Content posted or stored on the App at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the App at your sole cost and expense. Any use of the Interactive Areas or other portions of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the App.

You understand and acknowledge that any User Content contained in public postings, including, but not limited to, any portions of the App that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other websites and in search engine results. Therefore, you should be careful about the nature of the Content you post. We will not be responsible or liable for any third party access to or use of the User Content you post. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the App and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

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.

 

User Fee Terms. When you purchase a recreational activity offered by any business or organization, you are purchasing directly from us through the transaction on our App. We enable payment through the use of third party payment processors. In addition to the fees you pay for activities, you acknowledge that MOPO reserves the right to charge for any portion of the Service (“Service Fees”) and to change its Service Fees from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the App and these Terms of Use. If you are required to provide MOPO information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let MOPO know within three (3) days after the date that you enjoy the offer purchased. If MOPO terminates your account and use of the App because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Service Fees are also non-refundable.

 

4.  Cancellation and Refunds

 

If you wish to cancel or obtain a refund for a local activity with a member, please contact us at [refunds@mopo.life]. 

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.

 

Our Marks. MOPO, the MOPO logo, and all other of our products and service names, logos and slogans contained in or displayed the App are our (or our supplier’s and licensor’s) trademarks or service marks (“our Marks”) and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. You may not use any metatags or any other “hidden text” utilizing “MOPO” or any other of our names, trademarks, service marks or products or service names, without our prior written consent. In addition, the look and feel of the Apps, including, but not limited to, all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the App are the property of MOPO or of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation thereof by MOPO. You understand that any consent required of us under these Terms of Use may be withheld by us in our sole discretion, without or without any reason.

Our License to You. We hereby grant you a limited, non-sublicensable and non-exclusive license to access and make use of the App for your personal use only, solely in accordance with, and subject to, the terms set forth in these Terms of Use. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms of Use: (a) the collection, use, copying or distribution of any portion of the App or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the App or any of the Materials; (c) modifying or otherwise making any derivative uses of the App or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the App, the Materials or any information contained therein, except as expressly permitted on the App; or (f) any use of the App or the Materials other than for their intended purposes. We reserve all rights that are not expressly granted in these Terms of Use.

 

Breach / Revocation of License. Any use of the App or of any Materials not owned by you, other than as specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright, trademark, and trade secret laws and applicable communications, regulations and statutes. Except as otherwise expressly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms of Use to You) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by us at any time without any penalty. 

 

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.

 

9.  Indemnification

You agree to indemnify, defend and hold us, our Corporate Customers, our affiliates, sponsors, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) your use of the App, the Materials, the User Content or any other information (including  Feedback) available on the App (including, but not limited to, your use, installation or service of the Materials, the User Content or the  Feedback); (b) your conduct; (c) your failure to perform your obligations under these Terms of Use (including, but not limited to, your violation of these Terms of Use); and/or (d) your violation of the rights of any third party.

 

10.  Termination

These Terms of Use shall remain in full force and effect while you use the App. You may terminate your use of the App at any time. You agree that MOPO, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the App and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if MOPO believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of App, may be referred to appropriate law enforcement authorities. MOPO may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that MOPO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the App. Further, you agree that MOPO shall not be liable to you or any third-party for any termination of your access to the App.

 

All provisions of these Terms of Use which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitation of liability.

 

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.

12.  Arbitration 

For any dispute you have with MOPO, you agree to first contact us at disputes@mopo.life 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

Please refer to the App’s Privacy Policy for information on how we collect, use and disclose personal information from Users of the App. Your use of the App signifies your acknowledgment of, and agreement to, the Privacy Policy. These Terms of Use, together with the Privacy Policy and all other terms, conditions and policies incorporated herein by reference, together with any legal notices or other terms or conditions published on the App, shall constitute the entire agreement between you and us concerning the Apps. If you don't agree with any of these Terms of Use, or if you have any objections to our Privacy Policy or other instruments incorporated by reference herein, you must not use the Apps. Note that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, User profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted User Content. Our right to disclose any such information shall govern over any terms of the Privacy Policy.

 

14.  Governing Law and Jurisdiction 

These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these conditions shall be resolved exclusively by the state and/or federal courts of the State of California. MOPO’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this these Terms of Use is in derogation of MOPO’s right to comply with law enforcement requests or requirements.

 

15.  Entire Agreement 

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on the App, and any other terms that may appear on the App from time-to-time) contain the entire understanding and agreement between you and MOPO with respect to your use and access of the App, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the App. No representation, statement or inducement, whether oral or written, not contained in these Terms of Use (and any other terms that may appear on the App from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of MOPO. No other representative has any authority to waive, alter, vary or add to these Terms of Use. Before using the App please read through all referenced documents carefully.

 

16.  Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. MOPO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MOPO’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with MOPO’s prior written consent. MOPO may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. Both parties agree that these Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind MOPO in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

17.  Questions, Concerns or Suggestions

Please contact us at [tos@mopo.life] to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Service.

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