Moolabag Terms of Use

The Effective Date of these Terms of Use is April 17, 2017.

The application “MoolaBag” (identified herein as the “App“) and the non-third party content therein is owned and operated by AdSwapper, Inc., a Delaware corporation (“AdSwapper” or “us” or “our” or “we”).  Please read the following sections carefully, as they contain the terms and provisions governing your use (the “Terms of Use”) of the App.  Additionally, you should review our Privacy Policy. Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent to [email protected].

PLEASE READ THE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THE APP. BY USING THE APP, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE APP.

Terms of Agreement

The Terms of Use and Privacy Policy constitute legally binding agreements (collectively, the “Agreement”) between you (“you” or the “User”) and MoolaBag. In order to use or participate in the offerings of the App, you must (1) be 18 years of age or older, or be 13 years of age or older and have your parent or legal guardian’s consent to the Agreements, or otherwise comply with country-specific age requirements for entering into a contract, (2) have the lawful right and capacity to enter into a binding contract with us without being barred from doing so, and (3) reside in a country where MoolaBag service is available. MoolaBag has the right to modify this Agreement at any time. Changes in these Terms of Use may be posted on this page, without other written, verbal, or electronic communication. Every time the User uses the App, the User is agreeing to the then-current Agreement.

User Registration

You may be required to register in order to access certain features of the App. You will choose a User name and a password through the App’s registration process. You are responsible for keeping your User name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. MoolaBag cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering on the App, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, email, and/or telephone number when registering on the App. By registering with the App, you consent to receive periodic communication from MoolaBag by e-mail regarding the status of your account or other information associated with your account. For more information on how MoolaBag may use the information you provide during registration, please see the Privacy Policy.

Subscription Fee

 Your use of the App may be subject to a subscription fee. If a subscription fee is required, the terms of this provision apply. Such subscription fee based upon a periodic term shall be designated on the App at registration. You will provide a payment source and other required information to MoolaBag or our third-party processor to process your subscription fee (the “Transaction Information”). You represent and warrant that the Transaction Information you provide is truthful and accurate. Manual renewal of the subscription on an annual basis is required in order to retain access to the subscribed materials.

Intellectual Property

The App and all materials available on it are the property of MoolaBag, its licensors, or its Users and are protected by copyright, trademark and other intellectual property laws.  You may not use the contents of the App in any manner or for any purpose that would constitute infringement of MoolaBag’s, our licensors’, or other Users’ intellectual property rights.

Prohibited Activities

The following activities are expressly prohibited from the App:

  1. Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
  2. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
  3. Engaging in activity that compromises the App. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  4. Engaging in any activity designed to impede the use of the App by other users, including overloading and flooding.
  5. Framing or deep linking into the App.
  6. Accessing the App by means of automated process, spiders, bots or similar device.

 

User Suspension and/or Termination

MoolaBag may cancel or terminate the User’s right to access or use any part of the App at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the App shall survive any cancellation or termination of the User’s right to use the App.

Links to Third Party Sites

Any links to other websites not owned or operated by MoolaBag are provided solely as a convenience for the User.  MoolaBag’s listing of any third party does not create a partnership or affiliation with the third party. MoolaBag’s listing of any third parties does not constitute sponsorship or endorsement of these third parties. The User shall make a competent consumer decision before purchasing goods or employing the services of any linked or listed third party.  User hereby assumes all risk associated with obtaining goods or services from any third party.

No Unlawful or Prohibited Use

As a condition of your use of the App, you warrant to MoolaBag that you will not use the App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.

Materials provided to Moolabag or posted on the app or site

MoolaBag does not claim ownership of the materials or ideas that you provide to MoolaBag (including feedback and suggestions) or post, upload, input or submit to MoolaBag through your use of the App or its associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting MoolaBag, its affiliated companies and necessary sublicensees an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submissions for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose; to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid to you with respect to MoolaBag’s use of your Submission.  MoolaBag is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MoolaBag’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.

Warranty Disclaimer

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  MoolaBag AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.

MoolaBag MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE APP.  ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE APP.  ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  MoolaBag AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

N NO EVENT SHALL MoolaBag AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MoolaBag HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

MoolaBag’S LIABILITY TO ANY USER OF THE APP SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO MoolaBag FOR ANY PRODUCTS OR SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.

User Indemnification

You agree to indemnify MoolaBag and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the App. Such acts may include, but are not limited to: submissions, unauthorized use of material obtained through the App, or breach of this Agreement.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

The Parties shall first attempt to resolve, through good faith negotiation, any dispute regarding this Agreement. Failing that, the parties may select a Mediator to assist them in resolving conflicts at a location mutually agreeable to the parties.  If the parties cannot agree on a location, the place of mediation shall be Boone County, Missouri, U.S.A. Fees directly related to the selected Mediator shall be divided equally between the parties.  If the conflicts still cannot be resolved, any dispute regarding this Agreement or for any damages associated with its breach, shall be decided by binding arbitration before a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect.  Any decision of the arbitrator shall be final and binding and may be enforced by any judicial court having jurisdiction over the parties.  The place of arbitration shall be a neutral site agreed upon by the parties.  If the parties cannot agree upon a site, the place of arbitration shall be Boone County, Missouri, U.S.A.

Class Action Waver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

MoolaBag and you agree that MoolaBag and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the App will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. MoolaBag and you further agree that MoolaBag and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the App.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in St. Louis, Missouri.

Federal and State Laws

 When using the App, when on the Site, or when using any other media provided by MoolaBag you must obey all applicable federal, state and local laws. The App is operated from the United States. Any use of the App that violates any applicable laws will be grounds for discontinuing your rights to access the App and the Site.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Boone County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the App, unless a different jurisdiction and venue is dictated by this Agreement.

Export Control

MoolaBag’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in a banned country, as updated by the Department of State and/or the Treasury Department, including Afghanistan, Belarus, Central African Republic, Cuba, Cyprus, Eritrea, Fiji, Iran, Iraq, Cote d’Ivoire, Lebanon, Libya, North Korea, Syria, Vietnam, Myanmar, China, Haiti, Liberia, Rwanda, Somalia, Sri Lanka, Republic of the Sudan (Northern Sudan), Yemen, Zimbabwe, Venezuela, Democratic Republic of the Congo; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MoolaBag as a result of this Agreement or use of the Site.

MoolaBag’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of MoolaBag’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MoolaBag with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and MoolaBag with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and MoolaBag with respect to the Site.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.