Moshcam.com is a consumer media company for people to watch and experience live music, comedy and more through the internet. Moshcam is a wholly owned subsidiary of FourFour Pty. Ltd. The moshcam.com web site (the “website”) is operated by Moshcam.
Moshcam.com provides services (“Services”) such as but not restricted to: free viewing of video streams, compilation of individual playlists, blogging, user comments and a player to display video streams on third-party web sites.
This Agreement includes Moshcam’s acceptable use policy for “Content”, being defined as:
- The website and the Services, including but not restricted to the contained information, logos, pictures, images, icons and source codes
- All audio, visual and audiovisual material streamed
- All comments, messages, photos, videos or profiles or other content submitted by Visitors or Registered Users.
- Registered users may be contacted via email from moshcam with regards to important updates that may affect their use
1. Eligibility. By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the website and/or the Services and/or are a Registered User. You may deregister at any time, for any reason by contacting Moshcam at [email protected] Moshcam may terminate your Registration for any reason, at any time. Even after deregistration, this Agreement will remain in effect.
3. Non-Commercial Use. The website is for the personal use of individuals only and may not be used in connection with any commercial endeavours without our prior written consent. Organizations, companies, and/or businesses may not become Registered Users and should not use the Services or the website for any purpose without our prior written consent. Nicknames, photos, links, and website Content are not to be transferred or copied from the website for use with any other product or service. Illegal and/or unauthorized uses of the website and the Services, including collecting nicknames and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Moshcam. Moshcam owns and retains all proprietary rights in the website and the Services. The Web site contains copyrighted material, including video, links and compilations of individual data, trademarks, and other proprietary information of Moshcam and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The website and the Services contain Content that is protected by intellectual property rights. Moshcam holds the rights in such Content or has been licensed to display it on the website or via its Services. You are not entitled to make a copy of any of the Content. All intellectual property rights in the Content rest with the parties holding such rights. In case Moshcam’s license to display any Content protected by intellectual property rights expires, Moshcam is not obliged to notify its Visitors and/or Registered Users. Streams for which the rights have expired will be put offline without warning.
5. Content Posted on the website.
a. You understand and agree that Moshcam may review and delete any content, messages, photos, videos or profiles (collectively, “Postings”) that in the sole judgment of Moshcam violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Registered Users.
b. You are solely responsible for the Postings that you publish or display (hereinafter, “post”) on the Services, or transmit to other Registered Users.
c. The following is a partial list of the kind of Postings that are illegal or prohibited on the website. Moshcam reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the Registration of such violators. It includes Postings that:
– Are patently offensive to the online community, such as Postings that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
– Harass or advocate harassment of another person;
– Involve the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
– Promote information that you know is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
– Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
– Contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
– Display pornographic or sexually explicit material of any kind;
– Provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
– Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– Solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and
– Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
d. You must use the Services in a manner consistent with any and all applicable laws and regulations.
e. You may not transmit any chain letters or junk email to other Visitors or Registered Users. Although Moshcam cannot monitor the conduct of its Registered Users off the Web site, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Registered User without their prior explicit consent. In order to protect our Registered Users from such advertising or solicitation, Moshcam reserves the right to restrict the number of emails which a Registered User may send to other Registered Users in any 24-hour period to a number which Moshcam deems appropriate in its sole discretion.
6. Content posted on third-party websites. The website contains links to third-party web sites that are not owned or controlled by Moshcam. Furthermore, Moshcam content is displayed on players on third-party websites. Moshcam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. In addition, Moshcam will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Moshcam from any and all liability arising from your use of any third-party web sites.
7. Copyright Policy. You may not reproduce, post, publicly perform or distribute in any way any Moshcam Content, copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
8. Registered User Disputes. You are solely responsible for your interactions with other Moscham Registered Users. Moshcam reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
9. Privacy. Use of the website and/or the Services is also governed by our Privacy Statement.
10. Disclaimers. Moshcam is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the Services, whether caused by users of the website, Registered Users or by any of the equipment or programming associated with or utilized in the Services. Moshcam is not responsible for the conduct, whether online or offline, of any user of the website or Registered User of the Services. Moshcam assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Registered User communications. Moshcam is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Visitors and/or Registered Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Moshcam be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website or the Services, any Postings posted on the website or transmitted to Registered Users, or any interactions between users of the website, whether online or offline. The website and the Services are provided “AS-IS” and Moshcam expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Moshcam cannot guarantee and does not promise any specific results from use of the website, the players and/or the Services. The Services may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Moshcam or through or from the Services shall create any warranty not expressly stated herein.
11. Limitation on Liability. In no event will Moshcam be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the Services, even if Moshcam has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Moshcam’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Moshcam for the Services during the term of your Registration.
12. Indemnity. You agree to indemnify and hold Moshcam, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Moshcam and any User of the Services.
Please Contact Us with any questions regarding this Agreement.
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