Mosaya Terms of Use Agreement


Mosaya.com, a website owned and operated by Allies Global Inc., provides E-commerce service that allows merchants to create and customize online stores. The Services offered by Mosaya ("Mosaya" or "we") include the Mosaya.com Website (the "Website"), and any other features, content, or applications offered by Mosaya in connection with the Website (collectively, the "Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Merchant" (which means that you have registered with Mosaya and conducts business on Mosaya). The term "User" refers to a Visitor or a merchant. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.

This Agreement includes Mosaya's policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Mosaya may modify this Agreement from time to time and such modification shall be effective upon posting by Mosaya on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Mosaya reserves the right, in its sole discretion, to reject and remove any contents posted by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Mosaya uses Paypal as the primary way in which merchants receive payments from their customers by forwarding the customers' payment processing requests to Paypal's website. Merchants are required to have a active Paypal account that can receive payments from customers. All payments are conducted strictly between the merchants, their customers, and Paypal. Mosaya is not responsible for transactions made between the customers and the merchants via Paypal.

You may use Mosaya for lawful purposes only as stipulated by any and all laws whether local, state or federal as written today or in the future. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any products and services You post on Mosaya must not violate any applicable laws and regulations.

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your Store, regardless of whether Mosaya provides any design or customization Services to You under this Agreement, including all descriptions of the products and services You offer to customers of Your Store and user-generated content on and related to Your Store.

Mosaya may provide on its web pages links to other thirdparty websites. You must read and observe the terms of use on those websites. Mosaya is not responsible for any breach of such terms and agreements between you and the thirdparty websites. Mosaya is not responsible for any damages caused by your visit and use of those thirdparty websites.

You may not in any way manipulate content and data posted by anyone other than yourself. You may not circumvent or manipulate our fee structure, the billing process, or fees owed to Mosaya. You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information).


During the period that Mosaya provides Services to You, You hereby grant to Mosaya and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your content solely for the purposes provided in this Agreement.


SOFTWARE OWNERSHIP
Software provided by Mosaya, and all worldwide intellectual property rights therein, are the exclusive property of Mosaya. All rights in and to the Software not expressly granted to You in this Agreement are reserved by Mosaya.

SOFTWARE LICENSE
Subject to the terms and conditions of this Agreement, Mosaya grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Mosaya ("Mosaya Servers") through the Mosaya Site solely for the purpose of building and maintaining an interactive store hosted by the Mosaya Servers on which You offer Your or a third party's products or services ("Your Store").

SOFTWARE LICENSE RESTRICTIONS
You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of Mosaya. Accordingly, except as expressly allowed under the Section SOFTWARE LICENSE, you will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to Your Store to any third party.


DISCLAIMER OF WARRANTIES
NOOWA, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

LIMITATION OF LIABILITY
IN NO EVENT SHALL NOOWA, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).