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Terms of Use

These Terms of Use are effective as of June 22, 2022.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND THE Mosher Media Inc.  THAT APPLIES EACH TIME YOU ACCESS OR USE THE WEBSITE PROVIDED BY Mosher Media AND LOCATED AT Mosher.Media (or mobile versions thereof) (referenced herein, collectively, as the “Website”).  PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE INFORMATION, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS (“Mosher Media Materials”) PROVIDED BY Mosher Media THROUGH THE WEBSITE.

 

USER OBLIGATIONS


By accessing, or using the Website you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide any information to Mosher Media via an email or any registration or submission form found on the Website.  If you provide any false, inaccurate, untrue, or incomplete information, Mosher Media reserves the right to in its sole discretion immediately and without notice terminate your access to and use of the Website and/or cancel any of your pending product purchases or registrations with Mosher Media.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website.  You also acknowledge and agree that use of the Internet and the Website are solely and exclusively at your own risk.  While Mosher Media has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed.  Accordingly, Mosher Media is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information.  You must make your own determination as to these issues.

YOUR ACCOUNT


In order to access some of the features on the Website, you may need to complete an online registration process to create an account with a user name and password (the “Account”).  With respect to your Account, you must provide accurate, current and complete information to the Website. You must update such information in a timely manner to maintain its accuracy and completeness.  Mosher Media is entitled to rely on the contact and other information that is supplied to the Mosher Media through your Account.  Any use of the Website through your Account will be deemed as being used by you.  Please keep any nonpublic information for your Account confidential.  Your Account is non-transferable and non-assignable.  If you determine or suspect someone using your log-in identification or password, please notify us immediately at info@mosher.media.

 

PROPRIETARY RIGHTS


All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Mosher Media Material or any content contained on or available through the Website, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Mosher Media and/or its suppliers and are protected by India and foreign laws including, but not limited to, The Website is Copyright © 2022-2024 Mosher Media Inc. and/or its licensors.  All rights reserved.  Mosher Media also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website.  Any downloadable or printable programs, information, or materials available through the Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Mosher Media and/or its suppliers.  Mosher Media, the Mosher Media logo, and all other names, logos, and icons identifying Mosher Media, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Mosher Media, and any use of such marks without the prior express written permission of Mosher Media is hereby strictly prohibited.  Other product and company names on the Website may be the trademarks and/or service marks of their respective owners.

CONTENT AND POSTING


Responsibility for Your Content. The Website may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display text, images, photos, audio, video, location data, and other forms of data or communication through, or in connection with the Website (“Content”). You alone are responsible for your Content and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. By posting Content, you represent that you own or have the right to post such Content and you specifically agree your Content shall not violate any law or regulation, this TOU, or the rights of others. Mosher Media is not responsible for any Content posted by you or by anyone else on the website including if another user posts Content using your registration, profile, user account or login identification or password. You will defend and indemnify Mosher Media for any such postings. 

 

Content that is yours, remains yours and neither this TOU, nor your use of the Website is intended to deprive you or anyone of any existing rights to your Content. However, by submitting Content to Mosher Media(MM) you agree that you (i) are giving MM a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast that Content without accounting to you or notifying you in any way and you irrevocably waive, and cause to be waived, against MM and its users any claims and assertions of moral rights or attribution with respect to your Content, and (ii) represent and warrant to MM that you have the right to submit the Content and grant the rights and license described above, that such Content does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such Content to MM.

ENFORCING SECURITY ON THE WEBSITE

 

Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986.  MM reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you.  Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of MM. MM will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order.  In addition to the foregoing, and in its sole and absolute discretion, MM reserves the right to, at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof for any reason whatsoever. 

TERM AND TERMINATION

 

This TOU will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through the Website, respond to a request for information, and/or begin accessing, or using the Website, whichever is earliest. You may terminate this TOU at any time by closing your account and discontinuing any use of the Website, Your rights under this TOU will also terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  Upon termination, you must promptly destroy all copies of any aspect of the Website or MM Materials in your possession.  The provisions concerning proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, and governing law will survive the termination of this TOU for any reason.

 

YOUR PRIVACY

Your privacy is important to us and MM’s Privacy Policy is incorporated into and part of these Terms of Use. You can view MM’s Privacy Policy on our page. Read it carefully since it describes how we collect and use information MM obtains from you. 

 

MISCELLANEOUS

 

This TOU constitutes the entire agreement between you and MM regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. This TOU cannot be modified except as otherwise described herein or in a written amendment signed by an MM authorized representative. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying this TOU or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of this TOU. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow MM to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of the MM Entities, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Notification must be submitted to the following Email address:

Service Provider(s): Mosher Media Inc.

Email Address of Designated Person: info@mosher.media

 

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on the Website, including as applicable its URL, so that MM can locate the material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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