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Mosh Terms of Service

Effective: January 31, 2017

Welcome!

We’re thrilled you’ve decided to use “Mosh.”

These Terms of Service (which we call the “Terms”) govern our relationship with you. These Terms form a legally binding contract between you and Body Labs, Inc.

By using Mosh, you agree to the Terms. Of course, if you don’t agree with them, then don’t use Mosh.

1.   Who Can Use Mosh

No one under 13 is allowed to create an account or use Mosh. So please read all terms carefully.

By using Mosh, you state that:

  • You can form a binding contract with Body Labs, Inc.
  • You are not a person who is barred from using Mosh under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using Mosh on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2.   Rights We Grant You

Body Labs, Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use Mosh. This license is for the sole purpose of letting you use and enjoy Mosh’s benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of Mosh, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

3.   Rights You Grant Us

Mosh lets you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which features of Mosh you use and the application settings you have selected (the “Settings”).

You grant Body Labs, Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving Mosh and researching and developing new ones.

In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted Mosh in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send crowd-sourced content, you also grant Body Labs, Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Body Labs, Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through by us, either on the Mosh application or on one of our business partner’s platforms.

For information about how to tailor who can watch your content, please take a look at our Privacy Policy.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through Mosh.

Mosh may contain advertisements. In consideration for Body Labs, Inc. letting you access and use Mosh, you agree that we, our affiliates, and our third-party partners may place advertising on Mosh. Because Mosh contains content that you and other users provide us, advertising may sometimes appear near your content.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

4.   The Content of Others

Much of the content on Mosh is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Body Labs, Inc. reserves the right to review or remove all content that appears on Mosh, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through Mosh.

Through these Terms and our Community Guidelines, we make clear that we do not want Mosh put to bad uses. But because we do not review all content, we cannot guarantee that content on Mosh will always conform to our Terms or Guidelines.

5.   Privacy

Your privacy matters to us. You can learn how we handle your information when you use Mosh by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using Mosh, you agree that Body Labs, Inc. can collect, use, and share your information consistent with that policy.

6.   Respecting Other People’s Rights

Body Labs, Inc. respects the rights of others. And so should you. You therefore may not use Mosh in a manner that:

  • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
  • bullies, harasses, or intimidates.
  • defames.
  • spams or solicits our users.

You must also respect Body Labs, Inc.’s rights. These Terms do not grant you any right to:

  • use branding, logos, designs, photographs, videos, or any other materials used in Mosh.
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of Mosh or the content on Mosh except as set forth in these Terms.
  • use Mosh, any tools provided by Mosh, or any content on Mosh for any commercial purposes without our consent.

7.   Respecting Copyright

Body Labs, Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from Mosh any infringing material that we become aware of. And if Body Labs, Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on Mosh infringes a copyright that you own or control, you may file a notice with our designated agent:

Body Labs, Inc.
Attn: Copyright Agent
37 East 18th Street, 8th Floor
New York, NY 10003
email: legal@bodylabs.com

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • identify the copyrighted work claimed to have been infringed.
  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
  • provide your contact information, including your address, telephone number, and an email address.
  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8.   Safety

We try hard to keep Mosh a safe place for all users. But we can’t guarantee it. That’s where you come in. By using Mosh, you agree that:

  • You will not use Mosh for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access Mosh or extract other user’s information.
  • You will not use or develop any third-party applications that interact with Mosh or other users’ content or information without our written consent.
  • You will not use Mosh in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Mosh, or that could damage, disable, overburden, or impair the functioning of Mosh.
  • You will not use or attempt to use another user’s account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of Mosh.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of Mosh that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of Mosh or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using Mosh. So do not use Mosh in a way that would distract you from obeying traffic or safety laws. For example, never use Mosh and drive. And never put yourself or others in harm’s way just to capture art for Mosh.

9.   Your Account

You are responsible for any activity that occurs in your Mosh account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using Mosh, you agree that, in addition to exercising common sense:

  • You will not create more than one account for yourself.
  • You will not create another account if we have already disabled your account, unless you have our written permission to do so.
  • You will not buy, sell, rent, or lease access to your Mosh account, content created using Mosh, a Mosh username, or a friend link without our written permission.
  • You will not share your password.
  • You will not log in or attempt to access Mosh through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to Our Support.

10.   Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using Mosh, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using Mosh.

If you change or deactivate the mobile phone number that you used to create a Mosh account, you must update your account information through Settings to prevent us from sending to someone else messages intended for you.

11.   Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through Mosh, each party’s terms will govern the respective party’s relationship with you. Body Labs, Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

12.   Modifying Mosh and Termination

We’re relentlessly improving Mosh and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop Mosh altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong Mosh user, you can terminate these Terms at any time and for any reason by deleting your account.

Body Labs, Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with Mosh, or impose new or additional limits on your ability to use Mosh. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Body Labs, Inc. continue to be bound by Sections 3, 6, 9, and 12-19 of the Terms.

13.   Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Body Labs, Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of Mosh; (b) your content; and (c) your breach of these Terms.

14.   Disclaimers

We try to keep Mosh up and running and free of annoyances. But we make no promises that we will succeed.

MOSH IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SNAP INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) MOSH WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) MOSH WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH MOSH WILL BE TIMELY OR ACCURATE.

BODY LABS, INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH MOSH. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BODY LABS, INC. WILL BE RESPONSIBLE FOR.

15.   Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODY LABS, INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MOSH; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH MOSH; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BODY LABS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BODY LABS, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO MOSH EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BODY LABS, INC., IF ANY, IN THE LAST 12 MONTHS.

16.   Exclusive Venue

To the extent that these Terms allow you or Body Labs, Inc. to initiate litigation in a court, both you and Body Labs, Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of Mosh will be litigated exclusively in the United States District Court for the Southern District of New York. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Supreme Court of New York, New York County. You and Body Labs, Inc. consent to the personal jurisdiction of both courts.

17.   Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

18.   Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

19.   Final Terms

  • These Terms make up the entire agreement between you and Body Labs, Inc., and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.

Contact Us

Body Labs, Inc. welcomes comments, questions, concerns, or suggestions.

Body Labs, Inc. is located in the United States at 37 East 18th Street, 8th Floor, New York, New York 10003.