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Terms of Use - Mogul

Terms of Service

Date of Last Revision: January 19, 2017

Welcome to MOGUL!

MOGUL Inc. (“MOGUL,” “we,” “us,” “our”) provides our services (described below) to you through our website located at www.onmogul.com (the “Site”) and through mobile versions of the Site and related services (collectively, such services, including any applications and new features, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions to which you are bound. If we make any revisions, we will post them on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of any material changes through a pop-up notice, email or other reasonable means.Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

In addition, when using certain services or participating in any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Service, you will be subject to any additional terms applicable to such services or Promotions that may be posted on the Service or in connection with such services or Promotions from time to time, including, without limitation, the Privacy Policy located at www.onmogul.com/privacy_policy, which is hereby incorporated by reference into these Terms of Service. If there is any conflict between such additional terms and these Terms of Service, the additional terms will supplement or amend these Terms of Service, but only with respect to the matters governed by the additional terms.

Access and Use of the Service

Services Description: The Service is designed to enable our users to share information and access content related to and in support of women and their lifestyles.

Your Registration Obligations: You may be required to register or sign up for an account with MOGUL in order to access and use certain features of the Service. If you choose to register or sign up for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

User Account, Password and Security: You are responsible for maintaining the confidentiality of the password and other account information you use to access the Service, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MOGUL 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 Service. MOGUL will not be liable for any loss or damage arising from your failure to comply with your security obligations and this section.

Social Networking Services: We may offer you the opportunity to enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook (“Social Networking Services”). You are in no way obligated to use any Social Networking Services in connection with the Service. By integrating Social Networking Services into the Service, we make your online experiences richer and more personalized. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. We may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers to take advantage of this feature and its capabilities. For more information about the implications of activating these Social Networking Services within MOGUL and MOGUL’s use, storage and disclosure of information related to you and your use of such services (including your friend lists and the like), please see our Privacy Policy. If you opt to integrate or use Social Networking Services with the Service, such Social Networking Services may gain access to certain information that you have provided to us, including personally identifiable information. Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and MOGUL shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, MOGUL is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MOGUL is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Service. MOGUL enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation of any Social Networking Service.

Modifications to Service: MOGUL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MOGUL will 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 MOGUL may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on MOGUL’s servers on your behalf. You agree that MOGUL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that MOGUL reserves the right to terminate accounts that are inactive for an extended period of time or for any other reason. You further acknowledge that MOGUL reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device or may be available via a mobile device in the future, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features and content through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By providing us with your mobile telephone number and consenting to receive content- and marketing-related messages from MOGUL and our partners when you register for a MOGUL account, you agree that we and our partners may communicate with you by SMS, MMS, text message or other electronic means to your mobile device. Certain information about your usage of the Mobile Services may be communicated to us, and we may use the GPS locator capabilities of your mobile device to identify your current location so that we and our partners are able to recommend upcoming events and opportunities in your area.

For additional information on the Mobile Services and mobile applications, please see the section titled “Mobile Applications” below.

Conditions of Use

User Conduct: You are solely responsible for all comments, data, text, information, descriptions, links, code, software, music, sound, photographs, images, graphics, video, messages or other materials (“content”) that you transmit, upload, post, publish, display or send (hereinafter, “post”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by MOGUL. MOGUL reserves the right to investigate and take appropriate legal action against anyone who, in MOGUL’s sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violator and reporting the violator to law enforcement authorities. You agree to not use the Service to:

a) email or otherwise post any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you have manipulated or from which you have excluded identifiers in order to disguise the origin of such content; (iii) you do not have a right to post under any law or under contractual or fiduciary relationships; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) poses or creates a privacy or security risk to any person; (vi) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes” or any other form of solicitation; (vii) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (viii) is off-topic or otherwise unrelated to surrounding content; (ix) in the sole judgment of MOGUL, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MOGUL or our users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) post personally identifying information about others;
f) solicit personal information from anyone under the age of 18;
g) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
h) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by MOGUL;
i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

We monitor the conduct of users of the Service, but in the event that you notice content that is inappropriate before we do, please report it to us by flagging or commenting on the post or by contacting us at [email protected].

Special Notice for International Use; Export Controls: Software (defined in the section on “Intellectual Property Rights” below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use Not Permitted: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service. The Service is for your personal use.

Making Purchases on MOGUL

Product Orders and Payment Information: From time to time, MOGUL may make certain products and services available for purchase through the Service. This section of these Terms of Service applies to all orders accepted by MOGUL, except in the case that you and MOGUL have executed a written agreement that expressly supersedes these Terms of Service. If you use the Service to purchase products or services directly from MOGUL, you will be required to provide information to MOGUL and/or our third-party payment processor (our “payment processor”) regarding your identity, contact information, credit card or other payment instrument and billing/shipping address(es). You represent and warrant to MOGUL that any such information you submit is true and that you are authorized to use the applicable payment instrument. MOGUL will store such information in accordance with our Privacy Policy to facilitate your future purchases and may share such information with our payment processor. You agree to pay the amount specified for each product or service you purchase through the Service, including any applicable taxes and shipping and handling costs, and you hereby authorize MOGUL and/or our payment processor to bill your payment instrument for each such product or service.

Pricing: MOGUL can withdraw any of the products or services made available for purchase through the Service at any time and for any reason. Prices listed through the Service are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you submit your order, and you are responsible for paying such charges and taxes. All MOGUL prices are subject to change at any time.

Resale: Purchases made through the Service are intended for end users only and are not authorized for resale.

No Refunds or Returns: YOU UNDERSTAND AND AGREE THAT WE OFFER NO REFUNDS FOR ANY REASON WHATSOEVER. YOU FURTHER AGREE THAT PURCHASED PRODUCTS CANNOT BE RETURNED AND WILL NOT BE ACCEPTED FOR RETURN BY US FOR ANY REASON. YOU ALSO AGREE THAT WE DO NOT HAVE THE OBLIGATION TO EXCHANGE FOR YOU ANY PRODUCTS PURCHASED FROM US, THOUGH WE MAY ELECT TO DO SO IN OUR SOLE DISCRETION.

Shipping and Delivery: Products are packaged by us or our third-party service providers. For certain products purchased through the Service, your shipping options may be limited to a single carrier of our choice. Title and risk of loss relating to products purchased will pass to you when we deliver the products to the designated carrier for shipping. You acknowledge that all scheduled shipment dates are estimates only. MOGUL will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage or penalty resulting from any delay in shipment or delivery.

Product Orders from Third Parties: Our Service links to a number of third-party sites and materials via "inverse" hyperlinks and framing technology. When you purchase products or services from a linked site, you are purchasing such products or services directly from a third-party merchant seller linked by the Service (a "Seller"). Your order is placed with, fulfilled by and shipped by that Seller and will be governed by the Seller’s applicable payment and order terms. You must contact the Seller directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds or general information. We have no involvement in and are not responsible for any shipment, fulfillment, returns or refunds associated with any products you purchase from sites linked by the Service, and you acknowledge that any payment- or order-related dispute is solely between you and the applicable Seller.

Mobile Applications

Apple- and Google-Enabled Software Applications: As part of the Service, MOGUL may offer mobile apps that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple,” and such apps, “Apple-Enabled Software”) or third parties that operate using the Android operating system, which is owned by Google Inc. (“Google,” which together with Apple is referred to herein as the “Marketplace Provider;” such software together with the Apple-Enabled Software, the “Marketplace-Enabled Software”). With respect to the Marketplace Enabled Software, in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

a) MOGUL and you acknowledge that these Terms of Service are concluded between MOGUL and you only, and not with the Marketplace Provider, and that as between MOGUL and the Marketplace Provider, MOGUL, not the Marketplace Provider, is solely responsible for the Marketplace-Enabled Software and the content thereof.
b) You may not use the Marketplace-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Marketplace-Enabled Software in, or otherwise be in conflict with, the applicable marketplace terms of service (the “App Store Terms of Service”).
c) Your license to use the Marketplace-Enabled Software is limited to a non-transferable license to use the Marketplace-Enabled Software on an iOS Product or Android-based product, as applicable, that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service.
d) The Marketplace Provider has no obligation whatsoever to provide any maintenance or support services with respect to the Marketplace-Enabled Software.
e) The Marketplace Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be MOGUL’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
f) MOGUL and you acknowledge that MOGUL, not the Marketplace Provider, is responsible for addressing any claims of you or any third party relating to the Marketplace-Enabled Software or your possession and/or use of that Marketplace-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Marketplace-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
g) In the event of any third-party claim that the Marketplace-Enabled Software or the end-user’s possession and use of that Marketplace-Enabled Software infringes that third party’s intellectual property rights, as between MOGUL and the Marketplace Provider, MOGUL, not the Marketplace Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
h) You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
i) If you have any questions, complaints or claims with respect to the Marketplace-Enabled Software, they should be directed to MOGUL.
j) MOGUL and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/androiddeveloper-policies.html). The Google Play Terms of Service, Google Play Business and Program Policies and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.

App Updates: You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our mobile app(s) and the Service. You consent to these updates and agree such updates may be automatically installed without providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to stop using the applicable app. You acknowledge that you may be required to install updates to use our apps, and you agree to promptly install any updates MOGUL provides if the update does not automatically install. By continuing to use an app after an update, you renew your agreement to these Terms of Service.

Text and Push Messaging Express Consents: By providing us with your mobile telephone number and consenting to receive content- and marketing-related messages from MOGUL and our partners when you register for a MOGUL account, you expressly agree that we may communicate with you regarding an applicable app or the Service generally by SMS, MMS, text message, push notification or other electronic means directed to your mobile device and that certain information about your usage of the app may be communicated to us. We may also share your mobile telephone number with certain of our partners in accordance with our Privacy Policy. We may charge for certain text messaging services, and standard messaging, data and other fees may be charged by your wireless service carrier. In the event that you provide us with a mobile telephone number, you agree to notify us promptly of any changes or deactivations of that number to ensure that messages are not sent to the person who acquires your old number. You may turn off or unsubscribe from messages from us by texting “UNSUBSCRIBE” in reply to text messages from the Service.

Electronic Notices: By using the Service, you agree that we may communicate with you electronically via email regarding security, privacy and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected].

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MOGUL, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally post to the Service. You may not remove or alter any proprietary notices or marks on the Service or any portion thereof. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of MOGUL, our affiliates and 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 MOGUL.

The MOGUL name and logos are trademarks and service marks of MOGUL (collectively the “MOGUL Trademarks”). Other company, product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MOGUL. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of MOGUL Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MOGUL Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will MOGUL be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MOGUL does not pre-screen content, but that MOGUL and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, MOGUL and our designees will have the right to remove any content that violates these Terms of Service or is deemed by MOGUL, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you post to the Service or otherwise share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein, or that you otherwise have the right to grant the license set forth in this paragraph. You also acknowledge and agree that, to the extent that you include personal information in User Content, such personal information will be public, and we are not responsible for how others may use it. You are solely responsible for User Content and you or a third-party licensor, as appropriate, retain all rights in User Content not expressly granted in these Terms of Service. By posting any User Content you hereby grant and will grant MOGUL and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to MOGUL are non-confidential and MOGUL will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MOGUL may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of MOGUL, our users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: MOGUL respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MOGUL of your infringement claim in accordance with the procedure set forth below.

MOGUL will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MOGUL’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

300 West 57th Street, 40th Floor
New York, NY 10019

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MOGUL will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, MOGUL has adopted a policy of terminating, in appropriate circumstances and at MOGUL's sole discretion, the accounts of or access by users who are deemed to be repeat infringers. MOGUL may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Websites

The Service may provide, or third parties may provide through the Service, links or other access to other sites and resources on the Internet. MOGUL has no control over and is not responsible for such sites and resources, and links to such sites and resources do not indicate MOGUL’s endorsement of or affiliation with such sites and resources. You further acknowledge and agree that MOGUL will 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 content, events, goods, products or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that MOGUL is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold MOGUL and our affiliates and our officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOGUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MOGUL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOGUL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOGUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MOGUL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MOGUL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED TWENTY-FIVE DOLLARS ($125).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Service or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Termination

You agree that MOGUL, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if MOGUL believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MOGUL may also in our sole discretion and at any time discontinue providing the Service or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that MOGUL 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 Service. Further, you agree that MOGUL will not be liable to you or any third party for any termination of your access to the Service, and that MOGUL may take any measures we deem necessary to restrict access to the Service, including blocking IP addresses.

You may terminate your account at any time and for any reason by notifying us via email at [email protected]. Termination of your account will be effective within a commercially reasonable time after we receive notification from you and your account balance, if any, is settled.

You understand that your User Content may remain on the Service at MOGUL’s discretion following the termination of your account unless you expressly request the removal of such User Content by contacting us at [email protected]. You understand that such content may remain on publicly viewable areas of the Service if other users have posted or reposted it, and that your User Content may remain on our servers or in our records after it is no longer viewable by other users of the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and MOGUL will have no liability or responsibility with respect thereto. MOGUL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and MOGUL and govern your use of the Service, superseding any prior agreements between you and MOGUL with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and MOGUL agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of MOGUL to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of MOGUL, but MOGUL may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At MOGUL, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

MOGUL Inc.
300 West 57th Street, 40th Floor
New York, NY 10019