Terms Of Use (updated April 22,2022)
WELCOME TO MOSAFERPLUS
We (MosaferPlus, Inc.) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (together, “MP”), you agree to these Terms of Use (“TOU”) (last updated April 22, 2022). You acknowledge and agree MP is a private site owned and operated by MosaferPlus, Inc. If you are accessing or using MP on behalf of a business, you represent and warrant to MP that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use MP or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use MP. Our privacy policy (Here), prohibited list (Here), and all other policies, site rules, and agreements referenced below or on MP, are fully incorporated into this TOU, and you agree to them as well.
LICENSE
If you agree to the TOU and (1) are of sufficient age and capacity to use MP and be bound by the TOU, or (2) use MP on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use MP in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from MP, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with MP, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect MP content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of MP’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse MP’s flagging or reporting processes. You agree not to collect MP user information or interfere with MP. You agree we may moderate MP access/use at our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available MP or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide MP, (iii) combine or integrate MP or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects MP or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use MP or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
MODIFICATIONS OF TERMS OF USE
MP may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide MP notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide MP with true, accurate, current and complete information as prompted by the MP’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
PUBLICATION AND DISTRIBUTION OF CONTENT
MP does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that MP simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that MP does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that MP has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other MP member or any Service Provider. However, MP reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will MP be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against MP relating to Content or Service Provider Content, and release MP from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to members@mosaferplus.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice from an attorney.
You agree that MP may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that MP has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that MP has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
LIQUIDATED DAMAGES
You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting MP users’ information, including personal or identifying information – $10 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of MP without that party’s express written consent – $2,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of MP- $2,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of MP- the price per post applicable to that section of MP; (F) sending an unauthorized/unsolicited email to an email address obtained from MP- $100 per violation; (G) using MP user information to make/send an unauthorized/unsolicited text message, call, or communication to a MP user – $500 per text/call/communication; (H) creating a misleading or unlawful MP account or buying/selling a MP account – $10 per violation; (I) abusing or attempting to abuse MP’s flagging or reporting processes – $10 per violation; (J) distributing any software to facilitate violations of the USE Section – $2,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting MP content for any purpose without our express written consent – $5,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of MP in any 24-hour period – $1 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $10 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES
MP listing services are free of charge and you would not be charged for placing a post. We may refuse any posting.
DISCLAIMER & LIABILITY
To the full extent permitted by law, MosaferPlus, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“MP Entities”) (1) make no promises, warranties, or representations as to MP, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide MP on an “AS IS” and “AS AVAILABLE” basis and any risk of using MP is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with MP. MP Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to MP, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY
You agree that any and all disputes, controversies or claims arising under or in any way related to your relationship with MP or relating to the general validity or enforceability of any of the provisions hereof, shall be governed by the laws of the United States of America, and the home State in which MosaferPlus Inc. is incorporated in, without regard to its conflict of law provisions. If a dispute arises that is required to be adjudicated in court, You agree (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold MP Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of MP; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS
MosaferPlus, “MP” and its symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
MISC
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access MP thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see MosaferPlus/dmca.