Welcome to MOG.ME at https://mog.me. These terms of use ("Terms") govern your use of the MOG.ME website ("Site") provided to you ("User") and other users ("Users").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT USE ANY PORTION OF THE SITE. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS REMEDIES AND OBLIGATIONS.
When on MOG.ME you acknowledge and represent that you have the legal capacity to enter into contracts and use our services in your jurisdiction. In order to create and access links on our website you need to connect an external account or accounts to our website and create a username.
When you link your accounts to MOG.ME to use our services. You are responsible for protecting and maintaining the confidentiality of your login credentials and for restricting access to MOG.ME. If you have any reason to believe or become aware of any loss theft or unauthorized use of your account credentials you will need to contact account support as soon as possible.
Your engagement with MOG.ME including any linked content and projects provided in Beta format is bound by the following guidelines:
Users are strictly prohibited from uploading sharing or promoting misleading false or deceptive content. This includes content to unfairly earn badges points or any other rewards.
The acquisition of badges points or any rewards through deceptive means or content is strictly prohibited. Awardable reserves the right to revoke or delete such rewards or impose other penalties for violations.
While MOG.ME allows for the submission of Not Safe For Work (NSFW) content such content is subject to further review and scrutiny by our team.
MOG.ME reserves the right to flag hide or remove any NSFW or other content deemed inappropriate.
The final decisions on such content whether to keep it accessible flag it or remove it are made at MOG.ME's sole discretion.
The community's involvement is crucial. We encourage users to report any violations deceptive practices or inappropriate content. Such actions help uphold the safety and credibility of our platform.
Although MOG.ME actively monitors for misuse and violations we also rely on our user community to maintain the platform's integrity.
Users who believe their content or rewards were unjustly affected can appeal to our support team. Each appeal will be reviewed individually and MOG.ME’s decisions remain final.
MOG.ME commits to fully cooperating with all legal and regulatory authorities in the event of any legal actions or judgments arising from violations of our User Conduct policy or overall Terms of Service. Users who violate our terms may be subject to legal consequences and MOG.ME will provide any necessary information or support required by law enforcement agencies or courts.
By using MOG.ME you acknowledge these guidelines and agree to adhere to them. Any breaches may result in actions that range from warnings to permanent bans depending on the severity and frequency of the violations.
Please see our Privacy Policy which describes how we use and disclose the information we collect as well as our Cookie Policy which describes how we process information in connection with cookies.
By using the MOG.ME platform you agree to comply with our Content Policy which is designed to maintain a positive experience for all users. This section outlines our right to remove content conditions for content removal our escalation process and creator responsibilities and guidelines.
We reserve the right at our sole discretion to remove any content from our platform at any time and for any reason. This right will be exercised only when necessary to protect our community and comply with applicable laws.
Content may be removed if it meets one or more of the following criteria:
Please exercise caution when posting content and avoid sharing anything that may fall into these categories.
If we identify content that violates our policy we will follow the escalation process outlined below:
Creators are responsible for the content they upload and should seek permission before using content they did not create. If you find content you created on our platform without your permission please contact [email protected] to start the process of remedying the situation.
By agreeing to these Terms of Service you acknowledge and accept our Content Policy and you commit to adhering to its guidelines. We appreciate your cooperation in maintaining a safe and enjoyable environment for the MOG.ME community.
MOG.ME is not responsible for any user-generated content uploaded to the platform by creators. By using our platform you understand and agree that we are not liable for any damages losses or consequences resulting from the use display or sharing of content uploaded by creators. We are not responsible for the accuracy copyright compliance legality or decency of such content. Users assume full responsibility for any claims liabilities or disputes arising from their uploaded content.
The following section outlines the terms of service for user uploaded media and content on our platform. By using our services you agree to the following terms:
Our platform allows users to upload and share various forms of media and content including but not limited to images videos audio and text. You as the user retain all ownership rights to the content you upload. However by uploading content to our platform you grant us a comprehensive non-exclusive worldwide royalty-free license to use host store reproduce modify communicate publish publicly display publicly perform distribute and create derivative works from your content for promotional redistribution or other platform use.
You as the creator of the content will continue to hold all rights to your content. This means that you may use your content in any other way you choose outside of our platform and you may also grant others permission to use your content outside of our platform.
By uploading content to our platform you represent and warrant that you have all necessary permissions licenses and authorizations to grant us the license described in this section. You also represent and warrant that your content does not infringe on any third-party rights including but not limited to intellectual property rights privacy rights and publicity rights.
We may use your content for various purposes including but not limited to promotion advertising and marketing of our platform. We may also use your content to improve our platform and create new features.
You may terminate this license at any time by deleting your content from our platform. However any content that has already been used or shared by us may continue to be used by us even after termination.
Points are a proprietary feature of MOG.ME serving as a virtual currency within our community-based loyalty rewards system. All registered users of our platform can create and distribute unique custom-branded "Points". These Points can be utilized to access various forms of content and experiences within the MOG.ME platform. It is important to note that Points are not equivalent to real currency do not accrue interest and hold no intrinsic value in real-world currency.
There are multiple ways for users to acquire Points within the MOG.ME ecosystem. A user can gain Points by (i) purchasing or receiving them directly from MOG.ME (ii) trading Points with other users or (iii) other methods that MOG.ME might introduce in the future.
Purchasing or acquiring Points only grants users a limited non-transferable revocable license to use these Points within the parameters defined by MOG.ME. This includes (i) use in connection with MOG.ME services (ii) use for personal entertainment purposes and (iii) use in ways expressly permitted under the applicable MOG.ME Terms. The license to use Points may be revoked if a user violates the MOG.ME Terms if their account is suspended or terminated or if these User Terms or services are terminated.
Users who intend to sell their Points are required to complete the KYC process which is a testament to our commitment to comply with all relevant laws and regulations and maintain the integrity and security of our platform. By undergoing the KYC process users agree to adhere to local state and federal tax laws as applicable. Failure to comply may result in actions including but not limited to termination of the user's account.
For each transaction involving the sale of Points MOG.ME retains a commission of 30% of the transaction amount. The remaining 70% is disbursed to the creators subject to any necessary withholdings and deductions. Payments are managed through Stripe our trusted partner for payment processing.
Users have the ability to cancel their subscriptions at any time through the “Cancel subscription” option located on the billing tab of the settings page. It is important to note that users will still be charged for the current billing period even after cancellation.
Points do not have an expiry date and cannot be revoked by the creator once they have been issued. However MOG.ME reserves the right to discontinue and invalidate any custom-branded Points if they are found to be in violation of our terms or any laws.
MOG.ME enforces a zero-tolerance policy towards fraudulent activities and money laundering. Any attempts to exploit our platform for such illicit activities will be dealt with firmly resulting in actions including immediate account deletion and reporting to the relevant authorities.
To use Points a user must be at least 18 years of age unless otherwise stipulated by local or national laws. By creating Points the user represents and warrants that they meet this age requirement.
Unless required by law all payments for Points are final and non-refundable.
MOG.ME reserves the right at its sole discretion to make alterations to Points at any time. This includes but is not limited to limiting the number of Points a user may acquire or reducing the purchase price of Points.
Only users who have reached the age of majority in their jurisdiction or state of residence are permitted to engage in financial transactions on MOG.ME such as purchasing Points or subscribing to premium services.
When purchasing Points or subscribing to premium services you represent and warrant that you have the right to use your selected payment method and that your payment method has sufficient credit available to complete the transaction. You further agree that any information you provide in connection with any financial transaction on the services including the provision of a selected payment method shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
If you notice charges on your credit/debit card PayPal or other payment account that you did not authorize please contact MOG.ME Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor MOG.ME cannot issue a refund due to prohibitions under the payment provider’s dispute process. MOG.ME reserves the right to suspend any account with unauthorized charges or to restrict an account’s ability to purchase Points engage in trades and/or purchase virtual content.
Users are strictly prohibited from selling or trading Points for fiat currency or any other consideration outside the MOG.ME platform. Any attempts to circumvent our fees policies or terms whether through creative structuring of transactions third-party agreements or other means will result in immediate actions including but not limited to suspension termination legal action or other remedies as deemed appropriate.
Use of the MOG.ME API to create fiat on-ramps or off-ramps for Points is expressly prohibited. MOG.ME will take all necessary actions including but not limited to legal action suspension or termination of the user's account if such activities are detected.
Any use of our API or Points system to facilitate money laundering including but not limited to creating transferring or redeeming Points in a manner that contravenes applicable anti-money laundering laws is strictly forbidden. Violation of this policy will result in immediate action including account termination and reporting to the relevant authorities.
MOG.ME reserves the right to contain remove and report any activities or content that violate these Terms or any applicable laws. The response to violations will depend on the severity and may include immediate escalation to legal authorities suspension or termination of the user's account and other actions as appropriate.
MOG.ME is geared toward a general audience and is available to individuals aged 13 years and older unless prohibited by local and jurisdictional laws. However individuals under the age of 18 (or the applicable legal minimum age in their country of residence) must have the consent of a parent or legal guardian before using MOG.ME.
By using MOG.ME you confirm that you are over the legal minimum age in your country of residence to enter into legally binding contracts or that you have obtained the necessary consent from a parent or legal guardian.
Parents or legal guardians of minors who use MOG.ME have certain rights with respect to the personal information of their child. We encourage parents to supervise their child's use of the internet and to participate in their child's online activities.
Please see our Privacy Policy for additional information on the processing of personal data relating to minors including information on parental rights and how to exercise them.
If you use or rely on content received through MOG.ME you do so solely at your own risk. Furthermore by using MOG.ME you may be exposed to content that you find offensive deceptive mislabeled or otherwise inappropriate. The content linked on MOG.ME are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary more accurate more complete or timelier sources of information. We do not represent the completeness timeliness truthfulness accuracy or reliability of any content linked from MOG.ME nor do we endorse opinions expressed in such linked content.
You may choose to submit comments bug reports ideas or other feedback about MOG.ME(collectively “Feedback”). By submitting any Feedback you agree that we are free to use and otherwise exploit such Feedback at our discretion without providing compensation to you and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual irrevocable nonexclusive worldwide transferable and sublicensable license under all rights necessary for us to use and otherwise exploit your Feedback for any purpose.
Except as expressly set forth herein your use of MOG.ME does not grant you ownership of or any other rights with respect to any linked content code data video or other media or any other intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms.
We adhere to the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws for handling alleged or actual infringements. If you believe your copyrighted material is being infringed upon on our Site you may file a complaint by contacting the MOG.ME Copyright Agent at [email protected]. Your notification must include an authorized signature description of the infringed work location details on our Site your contact information a statement of good faith belief of unauthorized use and a statement confirming the accuracy of the information.
If you believe that your content was wrongfully removed or disabled you may send a counter-notice to the MOG.ME Copyright Agent. This must include your signature identification of the removed content and its prior location a statement of good faith belief that the content was mistakenly identified or removed your contact information consent to jurisdiction in Delaware Federal Court District and acceptance of process service.
If a valid counter-notice is received we may inform the original complaining party and may replace or restore access to the removed content in 10 to 14 business days at our sole discretion unless legal action is initiated by the copyright owner.
In accordance with the DMCA and other applicable laws we reserve the right to terminate or limit access to MOG.ME for users who are deemed repeat infringers or who infringe any intellectual property rights of others at our sole discretion.
Users of MOG.ME must exercise caution when accessing links to external third party websites applications and features provided for their convenience. Such external content is governed by the privacy practices and policies of the third party and we assume no liability for any content information or other materials provided by these external sources.
Users are hereby warned that such third-party content may contain fraudulent or copycat sites phishing attempts and other types of malicious attacks. These attacks may attempt to deceive users into disclosing sensitive information or downloading harmful software onto their device.
Users are advised to take appropriate measures to protect their personal information when accessing external content. This includes carefully reviewing the privacy practices and terms of use of any external site before providing any personal data.
Furthermore users are advised to be wary of unsolicited requests for personal information or payment particularly if they appear to come from MOG.ME or other trusted sources. Such requests may be part of social engineering schemes designed to deceive users into revealing sensitive information or making unauthorized payments.
While we strive to ensure that all links and external content featured on MOG.ME are safe and trustworthy we cannot guarantee the security or accuracy of third party sites applications and features. Users are therefore accessing such external content at their own risk.
By using MOG.ME users acknowledge that they have read and understand the potential risks associated with accessing external content and agree that we assume no liability for any content information or other materials provided by external sources.
To the maximum extent permitted by applicable law you agree to release indemnify defend and hold harmless MOG.ME and each of its affiliates and its and their shareholders members directors officers employees representatives consultants agents suppliers licensors predecessors successors and assigns from and against any and all claims demands complaints actions liabilities damages losses costs judgments settlements fines penalties expenses or fees (including without limitation reasonable attorneys’ fees and costs) that arise out of or in connection with any violation of these Terms including without limitation your access to or use of MOG.ME in violation of these Terms your misuse of any material data or other information obtained through MOG.ME any allegation that you have infringed or otherwise violated the intellectual property or other proprietary rights of any third party in connection with your use of MOG.ME or any violation by you of applicable law. MOG.ME reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and in such case you agree to cooperate with MOG.ME in the defense of such claim. If you are a resident of another jurisdiction other than the United States of America you agree to the foregoing and waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction. This indemnity and release obligation survives the termination or expiration of these Terms.
Your access to and use of MOG.ME including our pro plan subscription and any content is at your own risk. You understand and agree that MOG.ME is provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law WE DISCLAIM ALL REPRESENTATIONS WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT (PROVIDED THAT IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES THIS DISCLAIMER SHALL BE DEEMED TO BE AS BROAD AS PERMITTED UNDER APPLICABLE LAW). No minimum level of service is guaranteed. To the maximum extent permitted under applicable law we make no warranty or representation and disclaim all responsibility and liability for:
No advice or information whether oral or written obtained from us or through MOG.ME including our pro plan subscription will create any warranty or representation not expressly made herein. You are responsible for complying with local laws if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
By using the MOG.ME platform you agree to assume responsibility for any potential liabilities damages or losses arising from your use of our platform and services. This section outlines the limitations of our liability in relation to various situations including but not limited to platform misuse intellectual property infringement geolocation misuse negligence hate speech and illegal content.
As a user of MOG.ME you agree to maintain safe and appropriate contact with other users and individuals online and in the real world. You agree not to harass threaten or violate the legal rights of others. You shall not attempt to gain or gain access to any property or location where you do not have permission or the right to be and shall not engage in any activity that may result in injury death property damage nuisance or liability of any kind. If you have any dispute with a third party related to your use of our Services you hereby release MOG.ME (including our officers directors agents subsidiaries joint ventures and employees) from any and all claims demands and damages (actual and consequential) whether known or unknown suspected or unsuspected disclosed or undisclosed arising out of or in any way connected to such disputes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MOG.ME SHALL NOT BE LIABLE FOR ANY INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES WHETHER INCURRED DIRECTLY OR INDIRECTLY OR ANY LOSS OF DATA USE GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MOG.ME (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON MOG.ME INCLUDING WITHOUT LIMITATION ANY DEFAMATORY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) ANY CONTENT OBTAINED FROM MOG.ME.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US IF ANY IN THE PAST SIX MONTHS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY WHETHER BASED ON WARRANTY CONTRACT STATUTE TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHERWISE LIMIT THE APPLICABILITY OF SOME OF THE LANGUAGE ABOVE. ACCORDINGLY IN SUCH JURISDICTIONS SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE LIABILITY OF MOG.ME SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This limitation of liability shall survive the termination or expiration of these Terms. You agree to indemnify defend and hold harmless MOG.ME and its affiliates officers directors employees and agents from any claims liabilities damages losses or expenses arising from or related to your use of the platform including but not limited to platform misuse intellectual property infringement geolocation misuse negligence hate speech or illegal content.
You may terminate these terms at any time and for any reason by discontinuing your use of MOG.ME.
We may terminate or suspend your ability to access MOG.ME for any reason without prior notice to you including but not limited to if we suspect that you are using the website in an unauthorized manner or that you are in violation of these Terms. However where and to the extent required by applicable law we will provide you with a reasonable prior notice of such termination or suspension.
In the event of termination you may no longer have access to information on MOG.ME and you shall immediately cease and desist all activities and rights granted to you under these Terms. Termination shall be without prejudice to your accrued rights and/or liabilities. Any provisions in these Terms which by their nature would be intended to survive termination or expiration of these Terms shall survive the termination or expiration of these Terms including without limitation those provisions which expressly survive such termination or expiration.
We provide certain creators on our platform with the ability to download limited user data specifically usernames handles or email addresses associated with the platform that the creator is utilizing. This data pertains specifically to the account used for badge collecting verification. No other user data such as other usernames or connected accounts is included in this download. This functionality is intended to promote user engagement and enhance the overall platform experience.
All users must opt-in to allowing their data to be shared with anyone. By default all users are set to the most elevated privacy settings.
By downloading user data from our platform creators agree to the following:
This agreement is subject to the laws of [Your Jurisdiction] and creators agree to submit to the exclusive jurisdiction of the courts in [Your Jurisdiction] for any dispute arising out of this agreement.
Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with MOG.ME (“Disputes”) and limits the manner in which you can seek relief therefrom. The Arbitration Agreement survives termination or expiration of these Terms.
We are always interested in resolving Disputes amicably and efficiently and most User concerns can be resolved quickly and to the User’s satisfaction by contacting customer support at [email protected]. If such efforts prove unsuccessful a party who intends to seek arbitration must first send to the other by certified mail a written Notice of Dispute (a “Notice”). The Notice to us should be sent to [email protected] (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If we and you do not resolve the Dispute within sixty (60) calendar days after the Notice is received by us you or we may commence an arbitration proceeding. During the arbitration the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount if any to which you or we are entitled.
After the pre-arbitration dispute resolution process you agree that any and all remaining Disputes that have arisen or may arise between you and us whether arising out of or relating to these Terms (including any alleged breach thereof) the NFTs any aspect of the relationship or transactions between us and any threshold questions of arbitrability of the Dispute shall be resolved exclusively through final and binding arbitration rather than a court in accordance with the terms of this Arbitration Agreement except that (a) you may assert individual claims in small claims court within the scope of its jurisdiction if your claims qualify and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks trade dress domain names trade secrets copyrights and patents). Further this Arbitration Agreement does not preclude you from bringing issues to the attention of federal state or local agencies and such agencies can if the law allows seek relief against us on your behalf. You agree that by entering into these Terms you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator not a judge or jury. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You agree that any Dispute will be settled by final and binding arbitration using the English language administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Consumer Arbitration Rules”) then in effect (those rules are deemed to be incorporated by reference into this section and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the Consumer Arbitration Rules. If there is any inconsistency between any term of the Consumer Arbitration Rules and any term of this Arbitration Agreement the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide including but not limited to issues relating to the scope enforceability and threshold arbitrability of this Arbitration Agreement or the Dispute. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless we and you agree otherwise any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location the determination shall be made by the arbitrator. If your claim is for US$10000 or less we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator through a telephonic hearing or by an in-person hearing as established by the Consumer Arbitration Rules. If your claim exceeds US$10000 the right to a hearing will be determined by the Consumer Arbitration Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing administration and arbitrator fees (collectively the “Arbitration Fees”) will be governed by the Consumer Arbitration Rules unless otherwise provided in this Arbitration Agreement. If the value of relief sought is more than US$10000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees we will pay your portion of such fees. In addition if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the Consumer Arbitration Rules.
YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT [email protected] WITHIN 30 DAYS OF FIRST ACCEPTING THE THESE TERMS AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THESE TERMS. YOU MUST INCLUDE YOUR FIRST AND LAST NAME YOUR MAILING ADDRESS YOUR EMAIL AND YOUR MOBILE PHONE NUMBER IN THE EMAIL. IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT WE WILL ALSO NOT BE BOUND BY ARBITRATION.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED REPRESENTATIVE OR CLASS PROCEEDING. ALSO THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S); EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
All aspects of the arbitration proceeding and any ruling decision or award by the arbitrator will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the section above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable then the entirety of this Arbitration Agreement shall be null and void unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply. If a court or the arbitrator decides that any term or provision of these Terms is invalid or unenforceable the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and the Terms shall be enforceable as so modified.
Notwithstanding any provision in these Terms to the contrary we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms together with the Privacy Policy and any additional terms to which you agree when using MOG.ME constitute the entire and exclusive and final statement of the agreement between you and MOG.ME with respect to the subject matter hereof superseding any prior agreements or negotiations between you and MOG.ME with respect to such subject matter. These Terms and the relationship between you and MOG.ME shall be governed by the laws of United States. All lawsuits arising from or relating to these Terms or your use of MOG.ME shall be brought in state or federal courts located in Bernalillo County in the state of New Mexico United States and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The failure of MOG.ME to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid you nevertheless agree that the court should endeavor to give effect to the intentions of MOG.ME and you as reflected in the provision and that the other provisions of these remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms will be interpreted without application of any strict construction in favor of or against you or MOG.ME.
These Terms shall remain in full force and effect notwithstanding any termination of your use of MOG.ME. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you.
These Terms and any rights and licenses granted hereunder may be assigned by MOG.ME without restriction. You hereby consent in advance to such assignment which will become effective upon written notice to you and accept that MOG.ME will not be liable for the performance of these Terms following such assignment.
Notice for California Users. Under California Civil Code Section 1789.3 Users of MOG.ME from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd. Suite N 112 Sacramento CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the California Department of Consumer Affairs at [email protected]. If you have any other questions or concerns regarding these Terms or wish to make a complaint or a claim please contact us at:
by email at [email protected]
Notice for European Union Users. If you reside in the European Union and wish to have more information on online dispute resolution please contact the online dispute resolution service of the European Commission at the following address: https://ec.europa.eu/consumers/odr. This is for information only and we are not required to participate in this online dispute resolution service.