Terms & Conditions
Last modified: December 8th, 2018
The website you have entered (mowebmedia.com, its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the “Site”) is a copyrighted work owned and operated by Moweb Media, LLC, a Delaware limited liability company with its principal offices in New York, New York (“Moweb Media” “MoWeb Media” “MOWEB MEDIA” “we” or “us”).
Your use of the Site is at all times subject to the following terms and conditions, and you are deemed to have accepted these terms and conditions upon using the Site. You should review these terms and conditions carefully, and be sure you understand them, prior to using the Site. If you do not agree to these terms and conditions, you must immediately exit the Site.
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY YOU USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS
2. Change to the site terms
MoWeb Media reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that MoWeb Media will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
MoWeb Media further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against MoWeb Media unless expressly agreed to by MoWeb Media in a writing signed by a duly authorized officer of MoWeb Media.
3. Scope of Use
The Site is provided for promotional and informational purposes only, and Moweb Media does not provide any client services through the Site. You may only use the Site if you are a current or prospective customer of Moweb Media, or otherwise interested in learning more about Moweb Media for a legitimate business purpose. The Site may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate business purpose.
4. Site Content
The Site and all content on the Site (collectively “Content”), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site and such Content, are owned or licensed by Moweb Media. You may access, use and copy Content only as expressly permitted herein. No provision of these terms and conditions, and nothing contained on the Site, grants to you, whether expressly, implicitly or otherwise, any license or other right to copy, disclose, distribute, retransmit, use or create derivative works of any Content without the written permission of Moweb Media or its licensee (as the case may be), and any such copying, disclosure, distribution, retransmission, use or creation of derivative works is strictly prohibited, except as expressly set forth herein.
5. Third-Party Websites
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, MOWEB MEDIA DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE FOR USE, (B) ARE FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (E) ARE ERROR-FREE OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED.
8. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOWEB MEDIA SHALL NOT HAVE ANY LIABILITY FOR (A) ANY PERSONAL INJURY, OR (B) ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR COMPUTER CRASHES OR OTHER DENIALS OF SERVICES) ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR OTHER), AND EVEN IF MOWEB MEDIA KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
You must indemnify, defend and hold harmless Moweb Media, its subsidiaries and other affiliates, and its officers, employees and other agents, from all costs, expenses, damages, liabilities, losses and other monetary payments (including, but not limited to, attorneys’ fees and disbursements) in connection with (a) your access to, and use of, the Site, (b) your failure to perform any obligation pursuant to these terms and conditions, (c) your violation of any rights of a third party (including, but not limited to, infringement of a third party’s intellectual property rights, or rights of privacy and publicity, and claims of defamation), and (d) any information or other content submitted by you to Moweb Media through the Site.
10. Information Provided by You
You grant to Moweb Media a non-exclusive, perpetual and fully-paid license to copy, distribute, modify, and create derivative works of all information and other content submitted by you to Moweb Media through the Site. All information provided to you through the Site must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete. In addition, you must at all times immediately update any such information to maintain its accuracy and completeness.
11. Applicable Law
The Site is controlled and managed by Moweb Media and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles. By using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court located in the Southern District of New York and the Supreme Court of the State of New York for New York (Manhattan) County to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenient forum or similar defenses.
You must not use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. Moweb Media makes no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States.
12. Entire Agreement
These terms and conditions contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and Moweb Media with respect to the Site and any Content.
Whenever possible, each provision of these terms and conditions shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms and conditions, being prohibited or invalid.
Moweb Media may revise these terms and conditions from time to time by posting the revised terms and conditions on the Site, with the revised terms and conditions taking effect as of the date of such posting. It is your responsibility to periodically check these terms and conditions on the Site for such revisions. Your use of the Site following the posting of any revisions to these terms and conditions on the Site will be deemed an irrevocable acceptance by you of such revisions
15, Additional Information
If you have any questions or desire additional information regarding the Site, any Content or these terms and conditions, or if you would desire to contact Moweb Media for any other reason, please write at: [email protected] or mail us to:
99 Wall Street
New York 10005 NY
Last updated: December 8th, 2018