June 24, 2020
We may revise and update these Terms from time to time at our sole discretion. We will post notice of any modifications to the Terms on this page. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. Your continued use of the Application following the posting of revised Terms means that you accept and agree to the changes. If you do not agree with any of the updated Terms, you must stop using the Application.
MOKO reserves the right to withdraw or amend any service or functionality we provide on the Application in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Application, to users, including registered users.
You are permitted to use the Application only for legitimate purposes as an authorized user of the Application. You may not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Application without MOKO's prior written consent.
No right, title or interest in or to the Application or any content therein is transferred to you, and all rights not expressly granted in these Terms are reserved by MOKO. Any use of the Application not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The MOKO name and logo and all related names, logos, product and service names, designs and slogans are trademarks of MOKO or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
You may use the Application only for lawful purposes and in accordance with these Terms.
You agree not to access or use the Application:
In any way that violates any applicable law or regulation.
You further agree not to:
The Application may contain message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "Submissions") on or through the Application.
All Submissions must comply with the Content Standards set out below in these Terms.
MOKO has the right but not the obligation to:
MOKO can neither review all material before it is posted on the Application nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties.
These content standards apply to any and all Submissions and Interactive Services. Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:
MOKO respects the intellectual property rights of others, and we ask you to do the same.
MOKO may, in appropriate circumstances and at our discretion, terminate service and/or access to the Application for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide MOKO's designated agent the following information:
MOKO will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials (or access thereto) from the Application by submitting written notification (a "DCMA Notice") to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and the requirements set forth above. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Our designated Copyright Agent to receive DMCA Notices is:
MokoApp, LLC Attn: Legal Department, Copyright Agent 21933 Windy Oaks Square, Broadlands, VA 20148 Copy to email@example.com
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA Notice that we have received. If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent (identified above) pursuant to the DMCA.
Your Counter-Notice must include all of the following information:
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access, use or conduct any activities or transactions on or through any of the third party Applications linked to this Application, you do so entirely at your own risk and subject to the applicable terms and conditions of use, privacy policies and other terms for such Applications.
The owner of the Application is based in the United States. The Application can be accessed from countries around the world. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Application from territories where the Application or any of its services or products is illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
You understand that MOKO cannot and does not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION AND ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION AND ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOKO NOR ANY PERSON ASSOCIATED WITH MOKO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER MOKO NOR ANYONE ASSOCIATED WITH MOKO REPRESENTS OR WARRANTS THAT THE APPLICATION OR ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MOKO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL MOKO, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT OR SUCH OTHER APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold MOKO, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Application, including, without limitation, any use of the Application's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Application.
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction). Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Application shall be instituted exclusively in the federal or state courts located in Commonwealth of Virginia although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
By using the Application and/or the Services provided on or through the Site, you consent to receiving electronic communications from MOKO. These electronic communications may include notices about transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. You may be able to opt out of some of these communications. These electronic communications are part of your relationship with MOKO. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
No waiver of these Terms by MOKO shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of MOKO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All feedback, comments, requests for technical support and other communications relating to the Application should be directed to firstname.lastname@example.org
Thank you for visiting the Application.