Terms of Service

Welcome to Mozes, provided by Mozes, Inc.

These Terms of Service apply to band and general commercial accounts ("Accounts"). Owners of Accounts shall be referred to as "Marketers." By using your Mozes account and associated Mozes mobile features (as described further below), you agree to be bound by the Terms of Service listed below (the "Terms").

1. General Use

The Mozes service consists of mobile messaging, including sms, mms, mobile instant messaging or other messaging principally transmitted by Network Operators (as defined in Section 4 below) and online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources (the "Service" or "Services"). Mozes grants Marketer a non-exclusive, non-transferable, limited license to use the Service subject to the terms and conditions set forth herein and any additional terms set forth in an addendum, service order or other agreement executed by both parties (a "Service Order").

Marketer will be given self-service access to the Service to create Mozes keywords ("Keywords") and to generate content to be associated with the keywords, and the ability for end-users to receive mobile message broadcasts including text messages. Marketer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; or (iii) reverse engineer the Service. Marketer is responsible for all activity occurring under its Accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data in addition to those restrictions set by the Network Operators (as defined in Section 4 below) and available for review on the applicable websites. Marketer shall: (i) notify Mozes immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not impersonate another Mozes user or provide false identity information to gain access to the Service.

Marketer further agrees that Marketer shall not include any third party advertising, including without limitation, any sponsorship, hyperlink or other branding, in connection with the Service or any Content (as defined in Section 6 below) without Mozes' prior written consent.

2. Service Limitations

Marketer agrees that Mozes may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number of messages, comments, emails, or other postings that may be sent from or received by an Account, the maximum size of any message that may be sent from or received by an Account, the maximum disk space that will be allotted to you on Mozes' servers, and the maximum number of times (and the maximum duration for which) Marketers may access the Service in a given period of time. Marketer agrees that Mozes has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. Marketer acknowledges that Mozes reserves the right to terminate Accounts that are inactive for an extended period of time which shall be determined in Mozes' sole discretion.

3. Advertising

Mozes shall have the right to include third party advertising on the Mozes website, mobile web pages and voice messages or text messages sent to users. Further, Mozes shall have the right to include any and all types of Mozes branding on the Mozes website, mobile web pages and voice messages or text messages sent to end users, including without limitation, use of the Mozes trademarks and hyperlinks to the Mozes website.

4. Network Operators

Marketer acknowledges that the Service depends on the use of services of third party network operators ("Network Operator"), directly and indirectly, as well as service providers to a Network Operator known as "Aggregators". Mozes provision of the Services depends on the terms of services provided by Network Operators and Aggregators, over which Mozes in many cases has no control. In the event of any changes in the services, prices, conditions or terms of services provided to Mozes by Network Operators or Aggregators ("Network Operator Changes"), Mozes will notify Marketer of Network Operator Changes that are material to the delivery of the Service as soon as reasonably practicable following Mozes' notification of any Network Operator Change. Mozes may amend the Terms based on Network Operator Changes. Mozes is not responsible for any delays, delivery failures, or other damage resulting from any problems inherent in the use of the Network Operators, Aggregators, the Internet or electronic communications.

5. Eligibility, Registration and Password

Marketer will provide Mozes with complete, accurate and current registration information and will promptly update such information as necessary to ensure that it remains complete, accurate and current. Marketer will receive user names and passwords and accept responsibility for any use of the Service under the user names assigned to the Account. Marketer agrees to maintain the security of the user names and passwords and will promptly notify Mozes if there is any unauthorized use thereof by contacting Mozes at support@mozes-inc.com or (888) 669-3711.

6. Content and Prohibited Activity

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Marketer is entirely responsible for all Content that it or its end users upload, post, email, send via mobile message, transmit or otherwise make available via the Service. Marketer is solely responsible for the promotion and marketing of any mobile messaging campaign operated by Marketer on behalf of Marketer's clients (the "Campaigns") that use the Service. Mozes shall have the right to publicly display or promote the Campaigns and any Content provided by you on the Mozes website, on any third party websites that may display a Mozes widget or in connection with any Mozes marketing and promotional materials. Marketer represents and warrants that it has the authority to grant Mozes the rights to use the Content provided by Marketer in accordance with this Section.

Mozes does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Marketer will not use the Service to upload, post, email, send via mobile message, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, racially or ethnically derogatory, fraudulent or deceptive, or otherwise objectionable, as determined in Mozes' sole discretion. Mozes reserves the right to investigate and take appropriate legal action against anyone who, in Mozes' sole discretion, violates this provision, including without limitation, removing the offending communication from the Service and terminating the Accounts of such violators. Marketer further agrees that all use of the Service shall be in accordance with the standards set forth by the Mobile Marketing Association ("MMA") including without limitation the MMA Code of Conduct and the MMA Consumer Best Practices Guidelines.

Marketer will not:

1. market, promote, sell or otherwise engage in direct transactions with users without Mozes' prior written consent;
2. 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;
3. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations or self-regulatory scheme having the force of law;
4. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
5. copy the code for the Mozes system and embed it into other Content, web pages, documents, communications or transmissions or ask others to embed it into other Content, web pages, documents, communications or transmissions except as enabled by the use of Mozes widgets and data feeds designed to display Content on other web sites with the appropriate Mozes branding and hyperlinks to the Service;
6. use any robot, spider, other automatic device or manual process to monitor or copy the Content or web pages, or use any device, software or routine to bypass Mozes' robot exclusion headers or to interfere or attempt to interfere with the proper working of the Mozes site or any activities conducted thereon, including taking any action that imposes an unreasonably large load on the Mozes infrastructure.

Marketer acknowledges, understands and agrees that Mozes may access, preserve and disclose Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to requests for customer service; or (e) protect the rights, property or personal safety of Mozes, its users and the public.

Marketer acknowledges, understands and agrees that Mozes and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. Without limiting the foregoing, Mozes and its designees shall have the right to prevent the publication of or remove any Content that violates the Terms or is otherwise objectionable. Further, Mozes shall provide Marketer with tools to moderate Content via the Service and Marketer agrees to use those tools to attempt to remove profanity from user-generated Content before including it in the Service. Despite Mozes' screening efforts, using the Service may include Content and/or links to Content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. Marketer agrees that it will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

7. Suspension of the Service

Mozes and the Network Operators may access and review Content transmitted through the Service, as necessary to identify a potential breach of the Terms or a Service Order. To the extent that Mozes discovers an actual or potential breach, Mozes may suspend the Services for as long as it deems necessary. Mozes will use reasonable efforts to notify Marketer in advance of any suspension of the Services.

Mozes may in its sole discretion suspend or terminate any or all of the Services at any time in the event that:

1. Mozes is obligated or advised to comply with an order, instruction, directive or request of a Governmental Body or Network Operator which necessitates that it do so, in the sole discretion of Mozes;
2. Mozes has reason to believe that the Marketer is in breach of any of the obligations under these Terms or a Service Order and provides written notice of reasons; or
3. one or more of the Network Operators upon which the provision of the Services is dependent suspends its provision of those services to Mozes.

8. Fees

By registering for an Account, Marketers will be asked to agree to a level of service for which payment may be requested. Fees and additional payment terms and conditions may be set forth and accepted on the Mozes website or in a separate agreement between Marketers and Mozes. Payment is to be made by providing either a valid credit card or other method approved by Mozes (collectively, the "Payment Method"). Payments are non-refundable. If for any reason Mozes is unable to charge the Payment Method for the full amount owed Mozes for the Service provided, or if Mozes is charged a penalty for any fee it previously charged to the Payment Method, Mozes may pursue all available remedies in order to obtain payment, which shall include but will not be limited to, immediate cancellation without notice of the Services. Mozes reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular Services. The Payment Method may be changed at any time by contacting Mozes or using any self-service interface provided on the Mozes website.

9. Privacy Policy

Click here to review the Mozes' Privacy Policy. Marketer acknowledges that it has read, understands, and agrees to be bound by Mozes' Privacy Policy.

10. Changes in Terms and Conditions

We may modify the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without any liability. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.

11. Intellectual Property Policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders' rights. Marketer shall not use the Service to infringe the intellectual property rights of others in any way. Mozes will terminate the Accounts, and will terminate making available through its site the Content of any persons or entities that infringe the copyrights, or other intellectual property rights, of others. In addition, Mozes reserves the right to terminate the Account upon any single infringement of the rights of others in conjunction with use of the Service, if Mozes believes that conduct of the Marketer or its user is harmful to the interests of Mozes, its affiliates, or other users, or for any other reason in Mozes' sole discretion.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/), Mozes will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Mozes' "Designated Copyright Agent." If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Copyright Agent at copyright@mozes-inc.com.

12. Disclaimer of Warranties

Mozes disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Services. Mozes disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, material or Content. Mozes disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.

THE SERVICES, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOZES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. MOZES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.

MARKETER UNDERSTANDS AND AGREES ANY MATERIAL, DATA OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT MARKETER'S OWN RISK AND THAT MARKETER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANYCOMPUTER SYSTEM AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MOZES OR ITS LICENSORS BE LIABLE TO ANY MARKETER ON ACCOUNT OF THAT MARKETER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOZES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

14. Miscellaneous Provisions

1. Force Majeure. Under no circumstances shall Mozes or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
2. Third Party Websites. The website contains links to third party sites ("Linked Sites"). These Linked Sites are not under the control of Mozes and Mozes shall not be responsible or liable for the availability, content or performance of any Linked Sites. Further, Mozes shall have no liability for any claims relating to any wireless, telecommunications or other carrier, regardless of whether such carrier is used by you in connection with the Mozes website.
3. Trademarks. "Mozes" and other related marks are the trademarks of Mozes, Inc. and are protected by law. All other names of companies and products displayed on the website may be trademarks of their respective owners and are used with permission. Marketer may not copy, display or use any of these marks without prior written permission of the mark owner. Notwithstanding the foregoing, Mozes shall have the right to use Marketer's name and trademark(s) on the Mozes website and on Mozes' customer list.
4. Governing Law. These Terms and the terms and conditions of any Service Order will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
5. Entire Agreement. These Terms and the terms and conditions of any Service Order constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Mozes.

Marketer agrees that the Terms will survive the expiration or termination of any Service Order.

In order to register with Mozes, obtain an Account and use the Services, an authorized representative of Marketer must click the "I Agree" button below indicating that:

1. Marketer accepts and agrees to abide by these Terms;
2. Marketer acknowledges and agrees that any information regarding Marketer or its users is shared with Mozes and partners of Mozes
3. Marketer acknowledges and agrees that Mozes shall have all rights to use any information provided by Marketer or its users on the Mozes website or as part of the Services

Effective Date: March 20th, 2008