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terms and conditions

MOYAWORLD.com (“MOYAWORLD”, “MOYAWORLD Services” or “we”) is operated by MOYA-Museum of Young GmbH (“MOYA”). MOYAWORLD/MOYA can be contacted at Löwelstr. 20, 1010 Vienna, Austria. The services offered by MOYAWORLD include any MOYAWORLD branded URL (the "MOYAWORLD Website"), The MOYAWORLD Services are hosted in Austria.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MOYAWORLD Services. By using the MOYAWORLD Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MOYAWORLD Website, including through a mobile device or otherwise use the MOYAWORLD Services without being registered) or you are a "Member" (which means that you have registered with MOYAWORLD). The term "User" refers to a Visitor or a Member. You are only authorized to use the MOYAWORLD Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the MOYAWORLD Website and discontinue use of the MOYAWORLD Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the MOYAWORLD Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes MOYAWORLD's policy for acceptable use of the MOYAWORLD Services and Content (as defined in Section 6.1 below) posted on or through the MOYAWORLD Services and your rights, obligations and restrictions regarding your use of the MOYAWORLD Services and Content posted on or through the MOYAWORLD Services. In order to participate in certain MOYAWORLD Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from MOYAWORLD. Unless otherwise provided by the additional terms and conditions applicable to the MOYAWORLD Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@MOYAWORLD.com, Subject: Terms of Use Agreement.

MOYAWORLD may modify this Agreement from time to time and such modification shall be effective upon posting by MOYAWORLD on the MOYAWORLD Website. Your continued use of the MOYAWORLD Services after MOYAWORLD posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the MOYAWORLD Services and that you provide to other Users. Your MOYAWORLD profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other MOYAWORLD Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MOYAWORLD assumes no responsibility or liability for this material. If you become aware of misuse of the MOYAWORLD Services by any person, please click on the "Contact MOYAWORLD” or the “Report Abuse” link at the bottom of the MOYAWORLD Website pages.

MOYAWORLD reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the MOYAWORLD Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. MOYAWORLD expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the MOYAWORLD Services if MOYAWORLD determines, in its sole discretion, that you have violated this Agreement or pose a threat to MOYAWORLD and/or its Users and/or violating any applicable law.

I. Usage.

1. Eligibility.

Use of the MOYAWORLD Services and registration to be a Member for the MOYAWORLD Services (“Membership”) is void where prohibited. By using the MOYAWORLD Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the MOYAWORLD Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the MOYAWORLD Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MOYAWORLD may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3. Fees.

You acknowledge that MOYAWORLD reserves the right to charge for any portion of the MOYAWORLD Services and to change its fees (if any) from time to time in its discretion. If MOYAWORLD terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MOYAWORLD immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members.

The MOYAWORLD Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by MOYAWORLD. MOYAWORLD reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the MOYAWORLD Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MOYAWORLD Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MOYAWORLD reserves the right to take appropriate legal action for any illegal or unauthorized use of the MOYAWORLD Services.

II. Proprietary Rights in Content on MOYAWORLD.

Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the MOYAWORLD Principles, and governs our relationship with users and others who interact with MOYAWORLD. By using or accessing MOYAWORLD, you agree to this Statement.

1.Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on MOYAWORLD. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2.Sharing Your Content and Information

You own all of the content and information you post on MOYAWORLD, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with MOYAWORLD, you agree to the following:

2.1 MOYAWORLD does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the MOYAWORLD Services. After posting your Content to the MOYAWORLD Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the MOYAWORLD Services, you hereby grant to MOYAWORLD a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the MOYAWORLD Services, including without limitation distributing part or all of the MOYAWORLD Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the MOYAWORLD Website. This limited license does not grant MOYAWORLD the right to sell or otherwise distribute your Content outside of the MOYAWORLD Services. After you remove your Content from the MOYAWORLD Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the MOYAWORLD Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the MOYAWORLD Website as soon as practicable after you make the change.

2.2 The license you grant to MOYAWORLD is non-exclusive (meaning you are free to license your Content to anyone else in addition to MOYAWORLD), fully-paid and royalty-free (meaning that MOYAWORLD is not required to pay you for the use on the MOYAWORLD Services of the Content that you post), sublicensable (so that MOYAWORLD is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the MOYAWORLD Services), and worldwide (because the Internet and the MOYAWORLD Services are global in reach).

2.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the MOYAWORLD Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the MOYAWORLD Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the MOYAWORLD Services.

2.4 The MOYAWORLD Services contain Content of MOYAWORLD ("MOYAWORLD Content"). MOYAWORLD Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and MOYAWORLD owns and retains all rights in the MOYAWORLD Content and the MOYAWORLD Services. MOYAWORLD hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MOYAWORLD Content (excluding any software code) solely for your personal use in connection with viewing the MOYAWORLD Website and using the MOYAWORLD Services.

2.5 The MOYAWORLD Services contain Content of Users and other MOYAWORLD licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MOYAWORLD Services.

2.6 MOYAWORLD performs technical functions necessary to offer the MOYAWORLD Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the MOYAWORLD Services.

2. 7. We always appreciate your feedback or other suggestions about MOYAWORLD, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

III. Security.

We do our best to keep MOYAWORLD safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

1. Content

.1.1 MOYAWORLD may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MOYAWORLD violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MOYAWORLD assumes no responsibility for monitoring the MOYAWORLD Services for inappropriate Content or conduct. If at any time MOYAWORLD chooses, in its sole discretion, to monitor the MOYAWORLD Services, MOYAWORLD nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

1.2 You are solely responsible for the Content that you post on or through any of the MOYAWORLD Services, and any material or information that you transmit to other Members and for your interactions with other Users.

1.3 You are solely responsible for ensuring that all Content that you post on or through any of the MOYAWORLD Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through MOYAWORLD.

2. Content/Activity Prohibited.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the MOYAWORLD Services. MOYAWORLD reserves the right to investigate and take appropriate legal action against anyone who, in MOYAWORLD's sole discretion, violates this provision, including without limitation, removing the offending Content from the MOYAWORLD Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MOYAWORLD:

2.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2.2 harasses or advocates harassment of another person;

2.3 exploits people in a sexual or violent manner;

2.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

2.5 solicits personal information from anyone under 18;

2.6 publicly posts information that poses or creates a privacy or security risk to any person;

2.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

2.8 constitutes or promotes 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

2.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

2.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

2.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

2.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

2.13 involves commercial activities and/or sales without prior written consent from MOYAWORLD such as contests, sweepstakes, barter, advertising, or pyramid schemes;

2.14 includes a photograph or video of another person that you have posted without that person's consent;

2.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;

2.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or

2.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on the MOYAWORLD Website and through your use of the MOYAWORLD Services. MOYAWORLD reserves the right to investigate and take appropriate legal action against anyone who, in MOYAWORLD's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

2.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;

2.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the MOYAWORLD Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, MOYAWORLD reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MOYAWORLD deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the MOYAWORLD Services, you acknowledge that you will have caused substantial harm to MOYAWORLD, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MOYAWORLD USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the MOYAWORLD Services;

2.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the MOYAWORLD Services;

2.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

2.22 covering or obscuring the banner advertisements on your personal profile page, or any MOYAWORLD page via HTML/CSS or any other means;

2.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;

2.24 interfering with, disrupting, or creating an undue burden on the MOYAWORLD Services or the networks or services connected to the MOYAWORLD Services;

2.25 impersonating or attempting to impersonate another Member, person or entity;

2.26 for band, comedy, filmmaker and other profiles containing a MOYAWORLD player, copying the code for your MOYAWORLD Player and embedding it (or directing others to embed it) anywhere other than your band profile on MOYAWORLD;

2.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

2.28 selling or otherwise transferring your profile;

2.29 using any information obtained from the MOYAWORLD Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

2.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the MOYAWORLD Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

2.31 using the MOYAWORLD Services in a manner inconsistent with any and all applicable laws and regulations.

2.32 You will not facilitate or encourage any violations of this Statement.

3. Registration and Account Security

MOYAWORLD users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

3.1 You will not provide any false personal information on MOYAWORLD, or create an account for anyone other than yourself without permission.

3.2 You will not use MOYAWORLD if you are under 13.

3.3 You will not use MOYAWORLD if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

3.4 You will not use MOYAWORLD if you are a convicted sex offender.

3.5 You will keep your contact information accurate and up-to-date.

3.6 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

3.7 You will not transfer your account to anyone without first getting our written permission.

4.Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

4.1. Protecting Copyrights and Other Intellectual Property. MOYAWORLD respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MOYAWORLD has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the MOYAWORLD Services in a way that constitutes copyright infringement, please send MOYAWORLD's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the MOYAWORLD Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

MOYAWORLD's Copyright Agent for notification of claimed infringement can be reached as follows: MOYA-Museum of Young Art GmbH, Löwelstr. 20, 1010 Vienna, Austria.

4.2.You will not post content or take any action on MOYAWORLD that infringes someone else's rights or otherwise violates the law.

4.3. We can remove any content you post on MOYAWORLD if we believe that it violates this Statement.

4.4. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.

4.5. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

4.6. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

4.7. You will not use our copyrights or trademarks (including MOYAWORLD, the MOYAWORLD and F Logos, FB, Face, Poke, Wall and 32665) without our written permission.

4.8. If you collect information from users, you will: obtain their consent, make it clear you (and not MOYAWORLD) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

4.9. You will not post anyone's identification documents or sensitive financial information on MOYAWORLD.

IV.About Advertisements on MOYAWORLD.

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

1.You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

2.We do not give your content to advertisers.

3.You understand that we may not always identify paid services and communications as such.

You can target your specific audience by buying ads on MOYAWORLD or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

4.1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
4.2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
4.3. Your ads will comply with our Ad Guidelines
4.4. We will determine the size, placement, and positioning of your ads.
4.5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
4.6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
4.7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
4.8.You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
4.9.Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
4.10. We can use your ads and related information for marketing or promotional purposes.
4.11.You will not issue any press release or make public statements about your relationship with MOYAWORLD without written permission.
4.12. We may reject or remove any ad for any reason.
4.13. You warrant that you have the legal authority to bind the advertiser to this Statement.
4.14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

V. Amendments.

We can change this Statement so long as we provide you notice through MOYAWORLD (unless you opt-out of such notice) and an opportunity to comment. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

VI.Termination.

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of MOYAWORLD to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply.

VII. Disputes.

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or MOYAWORLD in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions or your content on MOYAWORLD, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP MOYAWORLD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MOYAWORLD "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MOYAWORLD WILL BE SAFE OR SECURE. MOYAWORLD IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MOYAWORLD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MOYAWORLD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MOYAWORLD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and MOYAWORLD agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the MOYAWORLD Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

2. Indemnity. You agree to indemnify and hold MOYAWORLD, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MOYAWORLD 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 in this Agreement and/or if any Content that you post on or through the MOYAWORLD Services causes MOYAWORLD to be liable to another.

3. Member Disputes. You are solely responsible for your interactions with other MOYAWORLD Members. MOYAWORLD reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

VIII. Disclaimers.

1. MOYAWORLD is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the MOYAWORLD Services, whether caused by Users of the MOYAWORLD Services or by any of the equipment or programming associated with or utilized in the MOYAWORLD Services and such User Content does not necessarily reflect the opinions or policies of MOYAWORLD. Profiles and third party applications created and posted by Members on the MOYAWORLD Website may contain links to other websites. MOYAWORLD is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by MOYAWORLD. Inclusion of any linked website on the MOYAWORLD Services does not imply approval or endorsement of the linked website by MOYAWORLD. When you access these third-party sites, you do so at your own risk. MOYAWORLD takes no responsibility for third party advertisements or third party applications that are posted on or through the MOYAWORLD Services, nor does it take any responsibility for the goods or services provided by its advertisers. MOYAWORLD is not responsible for the conduct, whether online or offline, of any User of the MOYAWORLD Services. MOYAWORLD 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, any User or Member communication. MOYAWORLD 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the MOYAWORLD Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MOYAWORLD Services. Under no circumstances shall MOYAWORLD be responsible for any loss or damage, including personal injury or death, resulting from use of the MOYAWORLD Services, attendance at a MOYAWORLD event, from any User Content posted on or through the MOYAWORLD Services, or from the conduct of any Users of the MOYAWORLD Services, whether online or offline. The MOYAWORLD Services are provided "AS-IS" and as available and MOYAWORLD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MOYAWORLD cannot guarantee and does not promise any specific results from use of the MOYAWORLD Services.

2. Limitation on Liability. IN NO EVENT SHALL MOYAWORLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MOYAWORLD SERVICES, EVEN IF MOYAWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOYAWORLD'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 MOYAWORLD FOR THE MOYAWORLD SERVICES DURING THE TERM OF MEMBERSHIP

IX.Definitions.

1. By "MOYAWORLD" we mean the features and services we make available, including through (a) our website at www.MOYAWORLD.com and any other MOYAWORLD branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean MOYAWORLD, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from MOYAWORLD and provide data to us relating to MOYAWORLD users.
4. By "content" we mean the content and information you post on MOYAWORLD, including information about you and the actions you take.
5. By "post" we mean post on MOYAWORLD or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

X.Other.

1. This Statement makes up the entire agreement between the parties regarding MOYAWORLD, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.

XI. Conditions of Payment.

When you make payments through MOYAWORLD, you agree to these Payments Terms.

Making Purchases

When you confirm a transaction on MOYAWORLD, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. Don't commit to a transaction unless you are ready to pay, because all sales are final. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. When you "purchase" a virtual gift from our gift shop, we commit to posting the gift and any accompanying message from you on the recipient's profile (or sharing it privately if you choose). Our obligation ends when we deliver the gift and message. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and credits, we don't transfer an ownership interest in those items. For example, the virtual gifts we make available through our gift shop are licensed to you, not sold.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH MOYAWORLD.

Payment Sources

We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

Purchasing and Using Credits: You may purchase credits from MOYAWORLD to purchase virtual goods, or to send gifts or special messages to other users. When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on MOYAWORLD, such as the purchase of a virtual gift. Purchases of credits are non-refundable. You will not sell credits to anyone, or transfer them to anyone outside of MOYAWORLD. We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. If you leave a balance of credits unused for three years, we may redeem those credits by sending virtual gifts to your MOYAWORLD friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated credits. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).

Actions We May Take: As part of our effort to keep MOYAWORLD safe, we may take certain actions to reduce liability for users and us. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or we believe doing so may prevent financial loss. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law. We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.

Disputes and Reversals

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

Special Provisions Applicable to Advertisers

When you purchase advertising on or through MOYAWORLD, you agree to pay all amounts specified in the order, along with any applicable taxes. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads. Without limiting section 4.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

Notices and Amendments to These Payments Terms

We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: MOYAWORLD, Inc., Attention: Legal Department, 1601 California Avenue, Palo Alto, California, 94304. The Payment Terms in place at the time you confirm a transaction will govern that transaction. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Section 12 of the Statement of Rights and Responsibilities.

Other

All of the commitments you make in the MOYAWORLD Statement of Rights and Responsibilities apply to payments through MOYAWORLD. In the event of any conflict between these Payments Terms and the MOYAWORLD Statement of Rights and Responsibilities, the Payments Terms shall prevail. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. "Us," "we," "our," "claim" and "MOYAWORLD" mean the same as they do in the Statement of Rights and Responsibilities. Some countries may restrict or prohibit your ability to make payments through MOYAWORLD. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.