Terms of Token Sale are located here
Last updated: March 8, 2018
1. Your Use of Our Services
Your use of the Mobius DApp Store, Mobius DData Marketplace, Mobius Blockchain API, and any other application, software, services, websites, and other related services provided by Mochi, Inc., its subsidiaries, and affiliates (“Mobius”, “Us” and “We”) or any third party designated by Us (collectively, the “Services”) is subject to the terms set out below, including but not limited to, Mobius’ Privacy Policy, which is hereby incorporated by reference (collectively, the “Terms”).
These Terms and any of the documents referred to in the Terms create a legally binding agreement between you and Mobius. Please read them carefully.
2. Accepting these Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
3. Changes to these Terms
Mobius reserves the right to modify these Terms from time to time. If you continue to use the Services after such modification, you will be deemed to have read, understood, and unconditionally agreed to such changes.
4. Privacy Policy
In order to make the Services available to you and process the transactions contemplated by these Terms, Mobius will have to collect information and/or personal data from you. The information and/or data collected will be used in accordance with our Privacy Policy. Mobius may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.
5. Account Terms
A. Registration for Services
In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services.
You must provide a valid email address and password to create your account with Us (“Account”). You understand that you are responsible for maintaining the confidentiality of your password and other Account information. Accordingly, you agree that you will be solely responsible to Mobius for all activities that occur under your Account, and We are not responsible for problems with your Account due to misuse of your email address and/or password. If you become aware of, or suspect, any unauthorized use of your email address, password, or Account, you agree to notify Us immediately at hello@mobius.network.
B. Account Requirements
There are several requirements related to creation and maintenance of an Account:
6. Third-Party Services
In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to applications, websites, or services provided by Mobius’ partners or other third parties.
From time to time, We may provide you with links to third party websites or services that We do not own or control. Your use of the Services may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s terms and conditions or privacy policies. It is your responsibility to read the terms and conditions and privacy policy of any third party application, website, or service that you visit or use.
7. Acceptable Use
While using the Services, you must follow the Acceptable Use Policy (“AUP”) described in this section. “User-Generated Content” includes, without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, features, and other content uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited in connection with your Account.
We may, at any time and without notice, remove any User-Generated Content, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP.
Mobius has the right, but not the obligation, to monitor or investigate any User-Generated Content and use of the Services at any time for compliance with this AUP. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
A. Compliance with Laws and Regulations
Your use of the Services, including the posting or uploading of User-Generated Content, must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Services is in compliance with laws and any applicable regulations.
B. Content Restrictions
You agree that you will not, under any circumstances, post, host, or transmit any User-Generated Content that:
C. Conduct Restrictions
While using the Services, you agree that you will not under any circumstances:
D. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without Mobius’ express written permission.
E. Privacy
Misuse of the personal information of Services users is prohibited.
Any person, entity, or service collecting data from the Services must comply with Mobius’ Privacy Policy, particularly in regard to the collection of users’ personal information. If you collect any user’s personal information from the Services, you agree that you will only use the personal information you gather for the purpose of which our user has authorized it. You agree that you will reasonably secure any personal information you have gathered from the Services, and you will promptly respond to complaints, removal request, and “do not contact” requests from Mobius or Services users.
8. Intellectual Property and User-Generated Content
“Your Content” means User-Generated Content that you create or own.
A. Submission
You may upload User-Generated Content while using the Services. You must submit to Mobius each User-Generated Content that you wish to upload to the Services. All copies of the User-Generated Content you submit will be retained (or destroyed) by Mobius and will not be returned. You are responsible for retaining a back-up copy of your User-Generated Content.
B. Ownership of User-Generated Content
We do not claim any intellectual property rights over the User-Generated Content that you upload to the Services. You retain ownership of and responsibility for Your Content. If you are posting anything to the Services that you did not create yourself or do not own the rights to, you agree (i) that you are responsible for any content you post; (ii) that you will only submit content that you have the right to post; and (iii) that you will fully comply with any third party licenses related to content you post.
C. Responsibility for User-Generated Content
You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to, or otherwise make available via the Services, regardless of the form of the that content. We are not responsible for any public display or misuse of Your Content.
D. Distribution
Mobius has no obligation to distribute any User-Generated Content you submit, and Mobius will not distribute any User-Generated Content unless and until the User-Generated Content has been approved by Mobius. If Mobius chooses to distribute your approved User-Generated Content through the Services, We will do so in accordance with these Terms.
E. Placement of User-Generated Content
Mobius reserves the right, in its sole discretion, to make all decisions regarding placement or promotion for User-Generated Content.
F. Mobius’ Rights to Content
You acknowledge and agree that Mobius (or Mobius’ licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Mobius, nothing in these Terms gives you a right to use any of Mobius’ trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Mobius, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
G. Removal
Mobius reserves the right to remove any User-Generated Content from the Services for any reason. Such reasons may include, without limitation, (i) your breach of these Terms; (ii) your express termination of the agreement formed by these Terms or of the license grants associated with Your Content; (iii) an assertion or claim that Your Content infringes the intellectual property rights of a third party or otherwise contains illegal content; or (iv) user complaint(s) about the content or quality of Your Content.
H. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against Us, to enable Us to reasonably exercise the rights granted in Section 9(A), but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Mobius the rights We need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Services and provide the Services.
9. License Grant
A. License Grant to Mobius
We need the legal right to host, publish, and share Your Content. You grant Us and our legal successors an irrevocable, unlimited, worldwide, royalty-free and non-exclusive license to store, parse, adapt, modify, and display Your Content, and make incidental copies as necessary to render the Services and provide the Services. This includes the right to (i) copy Your Content to our database and make backups; (ii) show Your Content to you and other users; (iii) parse Your Content into a search index or otherwise analyze it on our servers; (iv) share Your Content with other users; and (v) perform Your Content.
This license does not Grant Us the right to sell Your Content or otherwise distribute or use it outside of our provision of the Services.
B. License Grant to Other Users
Any User-Generated Content that you post publicly may be viewed by others. You grant each user of the Services a nonexclusive, worldwide license to use, display, and perform Your Content through the Services. If you are uploading content that you did not create or own, you are responsible for ensuring that the content you upload is licensed under terms that grant these permissions to other Services users.
10. Copyright Infringement and DMCA Policy
Mobius supports the protection of intellectual property and asks users of the Services to do the same. If you believe that content on the Services violates your copyright, please submit a “Takedown Notice” at dmca@mobius.network. There may be legal consequences for sending a false or frivolous Takedown Notice. Before sending a takedown request, you must consider legal uses, such as fair use and licensed uses.
It is the policy of Mobius, in appropriate circumstances and in its sole discretion, to disable and/or terminate the Accounts of users who repeatedly infringe or are repeatedly charged with infringing upon the copyrights or other intellectual property rights of Mobius and/or others.
11. Payments, Refunds, Etc.
A. Overview of MOBI and Services Credits
“MOBI” is a digital token distributed by Mobius. It is also the token of the Services. User-Generated Content must accept MOBI in order to be uploaded on the Services. MOBI can be exchanged in the Services for an equal number of Services Credits (“Credits”) (e.g., one MOBI can be exchanged for one Credit).
Credits can only be used in the Services. You can use Credits to access, play, and use User-Generated Content that has been uploaded on the Services. You can review your Credit balance by logging into your Account.
B. Credit Mechanics
Credits are not MOBI, and Credits cannot be exchanged or converted into MOBI. You cannot withdraw Credits from the Services or otherwise use them outside of the Services. Requests for Credits in exchange for MOBI are granted at our sole discretion.
Credits can be spent in User-Generated Content uploaded on the Services. Once Credits are deposited and used in User-Generated Content, they are transferred to the developer of the User-Generated Content and cannot be recovered by Mobius or the depositor.
C. Payment of MOBI
If you successfully upload Your Content on the Services and it is approved, Your Content will earn some MOBI for every Credit that it receives. Requests for MOBI in exchange for Credits will granted at our sole discretion. In order to receive MOBI in exchange for Credits earned through the Services, you must first complete Anti-Money Laundering procedures and Know Your Customer review.
D. Mobius Stellar Accounts
The Stellar MOBI Issuer Account (the “Issuer Account”) is not designed to receive any assets. Any assets including MOBI sent to the Issuer Account will be forfeited, lost, and/or destroyed.
The Mobius Stellar MOBI Payment Account (the “Payment Account”) is only designed to receive MOBI. Any assets other than MOBI sent to the Payment Account will be forfeited, lost, and/or destroyed. Any MOBI sent to the Payment Account incorrectly (e.g., without a memo) will be forfeited, lost, and/or destroyed.
E. Refunds
Refunds for Credits or MOBI will be granted at our sole discretion.
12. Disclaimer of Warranties
Your use of the Services is at your sole risk. Mobius provides the Services “as is” and “as available,” without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, regarding the Mobius website and the Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Mobius does not warrant (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure, or error-free; (iii) that the information provided through the Services is accurate, reliable or correct; (iv) that any defects or errors will be corrected; (v) that the Services will be available at any particular time or location; (vi) that the Services are free of viruses or other harmful components; (vii) that your use of the Services will not result in any loss of assets by you. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Services.
13. Limitation of Liability
You understand and agree that We will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:
You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (1) an assertion that Your User-Generated Content or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) Your violation of any rights of a third party; (3) any breach by You of your obligations under these Terms; (4) Your unlawful and/or unauthorized use of, or activities in connection with the Services; (5) Your violation of any applicable law; (6) Your access to, use of, or inability to use the Services; and (7) any negligent acts, omissions or willful misconduct by You. The foregoing indemnities shall survive expiration or termination of these Terms.
TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF ANY TERM IN THE TERMS, NEGLIGENCE, OR OTHER DEFAULT SHALL NOT EXCEED THE AMOUNT OF $100. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. Cancellation and Termination
A. Account Cancellation
It is your responsibility to properly cancel your Account. You can cancel your Account at any time by emailing hello@mobius.network and then following the specific instructions provided to you in Mobius’ response.
B. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, barring legal requirements, We will delete your Account and Your Content upon termination of the Services by either party (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
C. Mobius’ Right to Terminate
Mobius reserves the right to suspend or terminate your access to all or any part of the Services for any reason, with or without notice, at any time. Mobius also reserves the right to refuse service to anyone for any reason at any time.
15. Miscellaneous
A. Governing Law
The Terms, and your relationship with Mobius under the Terms, shall be governed by the laws of the State of California, without regard to conflict of law provisions. You and Mobius agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California.
B. Complete Agreement
The Terms and the documents referred to in these Terms constitute the whole legal agreement between you and Mobius and govern your use of the Services (but excluding any services which Mobius may provide to you under a separate written agreement), and completely replace any prior agreements between you and Mobius in relation to the Services.
C. Notices
You agree that Mobius may provide you with notices, including those regarding changes to the Terms, by email or postings on the Mobius website or Services.
D. Non-Assignability
You may not transfer, assign, charge, or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent. Any unauthorized assignment and delegation by you is void.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time during its term.
E. Section Headings and Summaries
Throughout these Terms, each section includes titles. These section titles are not legally binding.
F. Severability, No Waiver, and Survival
You agree that if Mobius does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Mobius has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mobius’ rights and that those rights or remedies will still be available to Mobius.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
G. Amendments
These terms may only be modified by a written amendment signed by an authorized representative of Mobius.
H. Questions
Questions about the Terms should be sent to hello@mobius.network.
16. Trademark Disclaimer
MOBIUS™, the MOBIUS logo, MOBI™, and The DApp Store™ are trademarks of Mochi, Inc. Product names, logos, and other trademarks referred to within mobius.network are the property of their respective trademark owners, as applicable. The owners of any such trademarks are not affiliated with Mobius or our products and services.
