Mojitrap Terms of Use

 

Legally Binding Agreement; Amendments

These Terms of Service ("Terms") govern your relationship with Mojitrap ("Service" or "App") operated by Mojitrap LLC ("Company", "us", "we", or "our").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), LIMITATION OF LIABILITY (SECTION 13), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 15, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 16.

Supplemental terms, policies or documents that may be posted at the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

We will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

 

Use of Service; Age Restrictions

 

You use the Service at your own risk and responsibility and are solely and exclusively responsible for the use of the Service. We will not be liable for any of your actions done using the Service.

The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is intended for users who are at least 13 years old and have reached the age, which allows them to accept these Terms on their own as established by their respective state or country of residence. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

Any data, text and other material that you may submit or post to the App ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User Content and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (b) install and use the App, solely on your own handheld mobile device (e.g., iOS, Android, etc. as applicable) and solely for your personal, non-commercial purposes. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.

 

App stores, third party ads, other users

 

You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple, Google Play, Play store, iTunes App Store, and/or other app stores (collectively, "App Stores" and each, an "App Store").

You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.

The Service may contain links to third party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company and the Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads that are found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Ads.

 

Subscription fees and payment

 

 

User Representations

 

By using the Service, you represent and warrant that:

  1. you have the legal capacity and you agree to comply with these Terms;
  2. you are at least 13 years old and have reached the age, which allows you to accept this Terms on your own as established by your respective state or country of residence;
  3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;
  4. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
  5. you will not use the Service for any illegal or unauthorized purpose;
  6. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
  7. you are not listed on any U.S. government list of prohibited or restricted parties; and
  8. your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

 

Prohibited Activities

 

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Service, you agree not to:

  1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. make any unauthorized use of the Service;
  3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
  4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
  6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
  7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
  8. circumvent, disable, or otherwise interfere with security-related features of the Service;
  9. engage in unauthorized framing of or linking to the Service;
  10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
  11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
  12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
  13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
  15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
  16. exploit children in any way, including audio, video, photography and any other digital content;
  17. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
  18. use the Service in a manner inconsistent with any applicable laws or regulations; or otherwise infringe these Terms.

 

User Data

 

 

Term and Termination

 

 

Modifications and Interruptions

 

 

Corrections

 

There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.

 

DISCLAIMER OF WARRANTIES

 

 

LIMITATION OF LIABILITY

 

 

Indemnification

 

 

MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

 

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO mojitrap@gmail.com OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

 

Miscellaneous Provisions

 

 

Contact Details

 

mojitrap@gmail.com

 

 

 

 

 

 

 

 

 

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Mojitrap Privacy Policy

 

Terms and Definitions

 

 

Data collected

 

 

Mode of processing the Data

 

 

The purposes of Personal Data processing

 

 

Data transfer to third parties

 

 

Data transfer outside the EU

 

 

The rights of EU Users

 

  1. Object to processing of their Data. EU Users have the right to object to the processing of their Data.
  2. Access their Data. EU Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  3. Verify and seek rectification. EU Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  4. Restrict the processing of their Data. Where Personal Data is processed for legitimate interests, f. e. for direct marketing purposes pursued by the Owner, EU Users may object to such processing by providing a ground related to their particular situation to justify the objection.
  5. Have their Personal Data deleted or otherwise removed. EU Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  6. Receive their Data and have it transferred to another controller. EU Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on a contract which the EU User is part of or on pre-contractual obligations thereof.
  7. Lodge a complaint. EU Users have the right to bring a claim before their competent data protection authority.
  8. Any requests to exercise EU User rights can be directed to the Owner through the contact details provided in this document. These requests will be addressed by the Owner as early as possible and always within one month.

 

Children’s Privacy

 

The Owner respect the privacy of children under the terms of COPPA and does not knowingly process personal data from persons under 13 years of age. If you learn that anyone younger than 13 years or anyone that has not reached the age, which allows to accept these Terms on their own as established by their respective state or country of residence, has provided the Owner with personal data, please contact us.

 

Changes to this privacy policy

 

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. If a User objects to any of the changes to the policy, the User must cease using the Application and can request that the Owner remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Owner has about Users.

 

Contact us:

 

mojitrap@gmail.com