Last Updated: 9/10/14
Thanks for using the MFlyer™ (“MFlyer”) products and services (collectively, the “Services”) offered by Moasis Global LLC (“Moasis” or “We”). Please read these Terms carefully. By using MFlyer or establishing an MFlyer account, you are agreeing to these Terms of Service (the “Terms”). This is a legal agreement.
In order to use MFlyer, you must comply with each of the following:
(a) be at least eighteen (18) years old and able to enter into a legally binding contract;
(b) complete the registration process;
(c) agree to these Terms; and
(d) provide true, complete, and up to date contact information.
By using MFlyer, you represent and warrant that you meet all the requirements listed above, and that you won’t use MFlyer in a way that violates any of the Terms, or any applicable laws or regulations. Moasis may refuse service of MFlyer, close accounts of any MFlyer users, and change eligibility requirements at any time without incurring any liability to you. Please be advised that MFlyer is a trademark of Moasis.
If you create an MFlyer on the Website, you are responsible for maintaining the security of your account and MFlyers, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the MFlyers. You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. We are not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
You must adhere to all of the Terms, including the Content Guidelines/ Restrictions (Section 9) for MFlyer creation and transmission. You must immediately notify Moasis in writing of any unauthorized uses of your MFlyers, your account or any other breaches of security or of these Terms (via email or chat). Moasis will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
A. PAYMENT TERMS
By selecting a particular MFlyer Plan you agree to pay Moasis the monthly, or annual, subscription fees indicated for that Service. Payments will be charged on a pre-pay basis on the day you sign up for an MFlyer Plan and will cover the use of that Service for the applicable billing period (typically monthly or annually). Payments will be charged on a pre-pay basis on the day you sign up for an MFlyer Plan. MFlyer Plan fees, including any MFlyer Plan upgrade fees, are not refundable.
B. CREDIT CARD INFORMATION
For as long as you remain a user of MFlyer or have an outstanding balance with Moasis, you agree to provide Moasis with valid credit card information and authorize Moasis to deduct the monthly charges against that credit card. You further agree to replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we’re unable to process your credit card order, we reserve the right to contact you by email and suspend or terminate your account until your payment can be processed.
At the time you register with Moasis as an MFlyer customer, you shall provide the credit card information requested by Moasis so that Moasis may charge such credit card for all payments due Moasis under this Agreement, and you hereby authorize Moasis to do so. You may obtain pricing information concerning the purchase of any of the MFlyer Plans at the MFlyer Price page found on the Moasis Website. Moasis may change the prices charged for the MFlyer Plans at any time, but such change shall not affect any of your prior purchases of MFlyers or any MFlyer Plan until the next billing cycle (monthly in the event of a monthly billing plan). Moasis shall use good faith efforts to notify you of any price changes, but you are responsible for reviewing the MFlyer price page from time-to-time to ascertain the prices then charged by Moasis. Any purchase of MFlyers Services will require prepayment in full and Moasis will not issue to you any refunds or credits if you fail to use all of the MFlyers purchased under your plan. You will receive prompt notice whenever Moasis charges your credit card for any MFlyer Services.
D. AUTOMATIC RENEWAL
Unless you notify Moasis before the end of the applicable billing period that you want to cancel an MFlyer Plan, your MFlyer Plan will automatically renew and you authorize us to collect the then-applicable annual or monthly charges for such MFlyer Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. You may change or canceled your MFlyer Plan at any time in your account page. Please note that if you elect to cancel your MFlyer Plan this action cannot be undone.
If you cancel any MFlyer Plan you will not be eligible for a refund, and will have thirty (30) days to utilize any MFlyers that you may have in your MFlyer account. Moasis only will refund amounts paid for MFlyer Plans if we stop providing the Services to you for any reason that is not laid out in these Terms or our General Terms and Conditions of Use.
F. MOASIS’ RIGHT TO CHANGE MFLYER PRICING
We reserve the right to change our fees for the MFlyer Plans at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Changes to fees shall be reflected at the beginning of the next billing cycle (monthly or annually).
As part of the registration process you will select the MFlyer Plan that best suits your needs, together with the number of MFlyers that you wish to purchase. You will have the option to purchase one of the MFlyer Plans (including Lite, Standard or Plus) which provide you with a monthly allocation of MFlyers and a set of important features on either a monthly recurring or annually pre-paid basis. Alternatively, you can elect to purchase MFlyers on a strictly pay-as-you-go basis.
You will have the option, at any time, to change your MFlyer Plan, including the number of MFlyers that you are purchasing. An upgrade occurs when you elect to either (a) change your current MFlyer Plan to a more comprehensive MFlyer Plan or (b) add more MFlyers to your MFlyer Plan. A downgrade is when you choose to change your MFlyer Plan from a more comprehensive plan to a less comprehensive MFlyer plan or a pay-as-you-go plan. In the event of a change, any purchased, but unused, MFlyers will roll over in your account and continue to be accessible. However, there is no refunds or credits for any MFlyer Plan features or MFlyers that you do not utilize.
If you may elect to change your MFlyer Plan, then: (a) you must go to the website and select your new MFlyer Plan online; (b) any unused MFlyers in your then current MFlyer Plan will be rolled over into the new MFlyer Plan; (c) you be charged the fee associated with the new MFlyer Plan (either monthly or annually); and (d) your new billing period will be started as of the date of this change. Note that any unused MFlyers in your account from your prior plan will be rolled-over in your account and may be used as part of your current MFlyer Plan.
The following are a few examples of how you can change your MFlyer Plans. Please note that to initiate a change to your MFlyer Plan you must log onto your MFlyer account, navigate to the My Account section and click on the Change Plan link which will then show you the details of your current MFlyer Plan. At that point, you can choose any desired modifications to your MFlyer Plan and follow the prompts to complete the change.
A. Change to a more comprehensive MFlyer Plan
For this example, let’s assume that an MFlyer customer, Jane, purchased an MFlyer Lite Plan with 1,000 monthly MFlyers for $20/month on January 1st, and that on January 15th she decides to upgrade to the MFlyer Standard Plan with 3,000 monthly MFlyers for $59/month. At the time of her upgrade Jane had already used 800 MFlyers. This change would prompt the following activities:
(a) We rollover Jane’s remaining unused monthly MFlyers from her MFlyer Lite Plan (200).
(b) We charge Jane for one whole month of the new MFlyer Standard Plan ($59.00).
(c) Jane will now have access to the additional features and MFlyers of the new MFlyer Standard Plan.
(d) Jane will now have 3,200 MFlyers available in her account, 200 of which were rolled over from the MFlyer Lite Plan and 3000 from the new MFlyer Standard Plan.
(e) On February 15th, her MFlyer Standard Plan will auto-renew and she would have an additional 3000 MFlyer’s available for use for the next billing period.
(f) Jane can cancel at any time, in which case her MFlyer Plan will not auto-renew and Moasis will cease future recurring charges.Jane will have thirty (30) days to utilize any MFlyers that she may have in her MFlyer account.
Note that no refunds or credits occur with respect to the MFlyers that remained in Jane’s account at the time of MFlyer Plan change, but the remaining MFlyers roll over into her account for future use.
B. Change to less comprehensive monthly MFlyer Plan
For this example, let’s assume that an MFlyer customer, Sue, subscribed to an MFlyer Standard Plan with 3,000 monthly MFlyers for $59/month on January 1st, and that on January 15th she decides to downgrade to an MFlyer Lite Plan with only 1,000 monthly MFlyers for the new price of $20/month. At the time of the change Sue had used 500 MFlyers. The change would work as follows:
(a) We rollover Sue’s remaining unused monthly MFlyers from her MFlyer Plan (2,500).
(b) We charge Sue for the new MFlyer Lite Plan with 1,000 MFlyers for $20.00.
(c) Sue will lose the features of the prior MFlyer Standard Plan, but would have the features of the MFlyer Lite Plan.
(d) Sue will now have 3,500 MFlyers in her account, 2500 rolled over from the MFlyer Standard Plan and 1,000 from the MFlyer Lite Plan.
(e) On February 15th, her plan would auto-renew and she would have an additional 1,000 MFlyer’s available for use.
(f) Sue can cancel at any time, in which case her plan will not auto-renew and Moasis will cease future recurring charges.Suewill have thirty (30) days to utilize any MFlyers that she may have in her MFlyer account.
Note that no refunds or credits occur with respect to the MFlyers that remained in Sue’s account at the time of MFlyer Plan change, but the remaining MFlyers roll over into her account for future use.
For this example, let’s assume that a customer, Steve, who subscribed to an MFlyer Lite Plan with 1,000 monthly MFlyers for $20 per month on January 1st. On January 10th Steve changes his MFlyer Plan to a 5,000 MFlyer pay-as-you-go MFlyer Plan for $109. Steve had set up a campaign, named STEVE’S FIRST MFlyer, to deliver 900 MFlyers over a ninety day period ending on March 30th, and 100 MFlyers have been sent as part of this campaign. To make this change Steve would take the following steps:
(a) We charge Steve $109 for the pay-as-you-go fee on January 10th to change his MFlyer Plan and purchase the 5,000 additional MFlyers;
(b) Steve will lose the features of the MFlyer Lite Plan, but would have the features of the MFlyer pay-as-you-go plan.
(c) Steve would continue to have the 800 MFlyers allocated to the STEVE’S FIRST MFLYER campaign with the same schedule tab, social tab and email tab that existing before the change to the MFlyer Plan, provided that such features are offered as part of the pay-as-you-go MFlyer Plan. Of course, Steve can make changes to this campaign at any time through his MFlyer account.
(d) We rollover the remaining 100 unused MFlyers from his prior MFlyer monthly Plan into Steve’s new pay-as-you-go account and add them to the 5,000 MFlyers purchased;
(e) Steve’s MFlyers that were included as part of his STEVE’S FIRST MFLYER campaign would continue to be delivered until March 30th – without change to schedule tab, social tab or email tab (unless he decides to make a change).
Note that no refunds or credits occur with respect to the MFlyers that remained in Steve’s account at the time of MFlyer Plan change, but the remaining MFlyers roll over into his account for future use. Please also note that only those features supported by the pay-as-you-go MFlyer Plan will rollover from any monthly MFlyer Plan. Certain of the features in the MFlyer Standard Plan or MFlyer Plus Plan are not available as part of the pay-as-you-go MFlyer Plan and are not available if a user elects to change from these plans to a pay-as-you-go MFlyer Plan.
For this example, let’s assume that a customer, Ryan, has subscribed to a 5,000 MFlyer pay-as-you-go MFlyer Plan for $109 on January 1st. On January 15th, Ryan decides to change to an MFlyer Standard Plan with 3,000 monthly MFlyers for $59 per month. Ryan had set up a campaign, named RYAN’S FIRST MFLYER, to deliver 900 MFlyers over a ninety day period ending on March 30th, and 100 MFlyers have been sent as part of this campaign. To make this change Steve would take the following steps:
(f) We charge Ryan the $59 monthly fee for the new MFlyer Standard Plan on January 15th to change his MFlyer Plan and purchase the 3,000 additional MFlyers;
(g) Ryan will gain the features of the MFlyer Standard Plan.
(h) Ryan would continue to have the 800 MFlyers allocated to the RYAN’S FIRST MFLYER campaign with the same schedule tab, social tab and email tab that existing before the change to the MFlyer Plan. Of course, Ryan can make changes to this campaign at any time through his MFlyer account, including using any of the features available through the MFlyers Standard Plan.
(i) We rollover the 4,100 unused MFlyers from Ryan’s prior MFlyer pay-as-you-go Plan into his new MFlyer Standard Plan.
(j) Ryan’s MFlyers that were included as part of his RYAN’S FIRST MFLYER campaign would continue to be delivered until March 30th – without change to schedule tab, social tab or email tab (unless he decides to make a change).
(k) On February 15th, Ryan’s plan would auto-renew and he would have an additional 3,000 MFlyer’s available for use.
Note, no refunds or credits occur with respect to the MFlyers that remained in Ryan’s account at the time of MFlyer Plan change, but the remaining MFlyers do roll over into his account for future use.
You acknowledge that from time-to-time MFlyer may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, MFlyer shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”). You acknowledge that the Services interoperate with several Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to MFlyer on reasonable terms, MFlyer may cease to provide such features to you without entitling you to any refund, credit, or other compensation.
A. Your Obligations
You shall be responsible for: (i) your and your authorized users’ compliance with these Terms, including, without limitation, the Fair Use Policy (Section 7) and the accuracy, quality, integrity, and legality of any information that you include in your MFlyers (the “Customer Content”) and of the means by which you acquired or generated such Customer Content; (ii) using commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iii) all activity conducted through your account in connection with the Services; (iv) promptly notifying Moasis in writing if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any authorized user’s) user name, password, or account (via email or chat); (v) using the Services only in accordance with applicable laws and government regulations; (vi) complying in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services.
B. Limitations on your Use
You must not: (i) make the Services available to anyone other than to your authorized users; (ii) sell, trade, or otherwise transfer your account to another party; (iii) use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (iv) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (v) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (vi) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (vii) attempt to gain unauthorized access to the Services or its related systems or networks; or (viii) authorize, permit, or encourage any third party to do any of the above.
C General Release of Content
You grant to Moasis and its subsidiaries, affiliates, licensees, representatives, and their respective successors and assigns the right to use any likeness, name, material, documents, content or information included in your MFlyers (collectively referred to as “Content”), including in Moasis’ informational, educational and promotional materials as they see fit in their sole discretion. You understand and agree that Moasis may distribute, broadcast, publish, display, promote, sell, and use the Content worldwide in a variety of ways, including, but not limited to, in print, via television and radio (broadcast, cable and satellite), cassettes and DVDs and their packaging, on the Internet, in social media, and any other current and later-developed media. You agree that Moasis may engage in all such distribution, broadcasting, publication, display, promotion, sales, and use worldwide in perpetuity. Finally, you waive any inspection or approval of the Content in informational, educational and promotional materials, and release Moasis and its respective officers and employees from any liability for such use of such Content and any claim of alteration, distortion, illusion, or faulty reproduction thereto, intentional or otherwise. You understand that this Release does not obligate Moasis to actually use any of the Content.
By signing these Terms you acknowledge and agree that Moasis shall own the entire copyrights in the Content, and that the rights and releases I have granted to Moasis herein shall remain in force in perpetuity, and shall be binding upon you and your heirs, legal representatives, and assigns.
Moasis may suspend your access to the Services for any breach of these Terms or for any abusive practice that degrade the performance of the Services for you and/or other customers of MFlyer. Moasis shall make such determination in its sole discretion.
You acknowledge that the Services may enable or assist you to access, interact with, and/or purchase services from Supported Platforms and other third parties via third-party websites or applications (collectively, the “Third-Party Services”). When you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not Moasis. Moasis makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
Moasis seeks to enable users of the MFlyer to provide mobile ads containing content the general public finds acceptable, safe, and informative. To achieve that objective, Moasis has adopted the following guidelines that govern the placement of ads and restrict the inclusion of, or links to, certain types of content. You agree that you will comply with these guidelines at all times.
A. Ad Creative and Positioning
All components of an ad, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the ad. Additionally, ad text must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
Ads must clearly represent the company, product, service, or brand that is being advertised. Products and services promoted in the ad copy must be clearly represented on the landing page, and the destination site may not offer or link to any prohibited product or service. Additionally, ads may not suggest false relevancy to generic offers.
Ad text may not assert or imply, directly or indirectly, within the ad content or by targeting, a user’s personal characteristics within the following categories: race or ethnic origin; religion or philosophical belief; age; sexual orientation or sexual life; gender identity; disability or medical condition (including physical or mental health); financial status or information; membership in a trade union; and criminal record.
3. Destination Sites
Ads must lead to a functioning landing page that does not interfere with a user’s ability to navigate away from that page.
Ads must always apply appropriate targeting and never use targeting criteria to provoke users. Ads for regulated goods and services (e.g. alcohol and gambling) must abide by all applicable laws, regulations, and industry codes. Specific requirements for dating services, alcohol, gambling, contraceptives and subscription services must adhere to the requirements listed under the applicable content sections.
B. Ad Content
Advertisers must ensure that their ads comply with all applicable laws, regulations and guidelines. All claims in ads must be adequately substantiated, and ads and any offers promoted within ads must not be false, deceptive or misleading or contain spam. Ads must not promote illegal products or services, and must not violate the rights of any third parties. As a user of the Services you agree that you will comply with the following specific content guidelines:
1. Adult Products or Content
Ads may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products, or contain pornography or other types of adult or mature content. Ads may not include nudity, depictions of people in explicit or suggestive positions or activities that are overly suggestive or sexually provocative. Ads for family planning and contraception are allowed provided they follow the appropriate targeting requirements.
Ads that promote or reference alcohol are prohibited in many countries, including: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Saudi Arabia, United Arab Emirates, Yemen and other jurisdictions where such ads are prohibited by law. The foregoing list is not exhaustive and may change at any time.
Where permissible, ads that promote or reference alcohol must (i) comply with all applicable local laws, required or recommended industry codes, guidelines, licenses and approvals, and (ii) apply age and country targeting criteria consistent with Moasis’ targeting guidelines and applicable local laws. Where a user’s age or country cannot be determined, the ad must not be displayed to the user.
Ads for adult friend finders or dating sites with a sexual emphasis are not permitted. Ads for other online dating services must adhere to the dating targeting requirements and the name of the product or service must be included in the ad text or image.
4. Gambling and Lotteries
Ads that promote or facilitate online gambling, games of skill or lotteries, including online casinos, sports books, bingo, or poker, are only allowed in those specific countries or jurisdictions where such advertising is lawful.
Ads that promote lotteries operated by government entities are permissible, provided that ads must be targeted in accordance with applicable laws in the jurisdiction in which the ads will be served and may only target users in the jurisdiction in which the lottery is available.
Ads that promote offline gambling establishments, such as offline casinos, in accordance with applicable laws and regulations, are generally permitted, provided that ads must be appropriately targeted.
5. No Harassment
Ads may not insult, attack, harass, bully, threaten, demean or impersonate others.
6. No Hate Speech
Ads may not contain “hate speech,” whether directed at an individual or a group, or content that may be construed as biased against any individual or group, based on membership within certain categories including, but not limited to, race, sex, creed, national origin, religious affiliation, veteran status, marital status, sexual orientation, gender identity, or language.
7. No Illegal Activity
Ads may not constitute, facilitate or promote illegal activity.
Ads that are targeted to minors may not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.
9. Pharmaceutical, Tobacco, and Supplements
Ads may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia. Ads also may not promote the sale of prescription pharmaceuticals. Ads for online pharmacies are prohibited except that ads for certified pharmacies may be permitted with prior approval from Moasis. Ads that promote dietary and herbal supplements are generally permitted, provided they do not promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterne, ephedra, human growth hormones, melatonin, and any additional products deemed unsafe or questionable by Moasis in its sole discretion.
10. Rights of Others
Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
11. Shock Value
Ads may not be shocking, sensational or disrespectful, or portray excessive violence.
12. Software and Hacking
Ads may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience, including, but not limited to, software which: (a) ”sneaks” onto a user’s system;(b) performs activities hidden to the user; (c) may alter, harm, disable or replace any hardware or software installed on a user’s computer without express permission from the user; (d) is bundled as a hidden component of other software whether free or for an additional fee; (e) automatically downloads without Moasis’ express prior approval; (f) presents download dialog boxes without a user’s action; or (g) may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right.
13. Subscription Services
Ads for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to the following requirements: (a) Ad text must clearly and conspicuously disclose the recurring billing component (e.g. “subscription required”); (b) The landing page must: (i) display the price and billing interval wherever the user is prompted to enter personally identifiable information; (ii) include an unchecked opt-in checkbox; and (iii) include language informing users how to cancel their subscription or membership; and (c) Each of the foregoing must be located in a prominent place on the landing page, as determined by Moasis in its sole discretion, and should be easy to find, read, and understand.
14. Unacceptable Business Model
Ads may not promote a business model or practice that is deemed by Moasis, in its sole discretion, to be unacceptable or contrary to Moasis’ overall advertising philosophy or to any applicable law, including but not limited to multi-level marketing schemes, or advertisements for scams.
15. Weapons and Explosives
Ads may not promote the sale or use of weapons, weapons accessories, ammunition, or explosives, including, without limitation, the sales of gun parts, hardware, pistols, rifles, BB guns, sporting guns, air guns, blow guns, and stun guns.
You or Moasis may elect to terminate your account at any time and for any reason by giving notice to the other party. If Moasis terminates your account, other than for breach of these Terms, then it shall provide you with a refund for the unused portion of any billing period that you have paid for,and you will have thirty (30) days to utilize any MFlyers that you may have in your MFlyer account. There are no refunds or credits given to you by Moasis if you elect to terminate your MFlyer account
Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You’re responsible for determining whether the services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use the services, you acknowledge and agree that we will not be liable if the services don’t meet the requirements imposed by such regulations. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your MFlyers, social network post, or Email distribution list, and sending MFlyers via Moasis, and collecting information as a result of sending MFlyers, you:
(a) will clearly describe in writing how you plan to use any data collected, including for your use of the Services and you’ll obtain express consent to transfer data to Moasis; as part of this process.
(b) have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection, electronic communication, and privacy laws and regulations that apply to the countries where you’re sending any form of email through Moasis, and you have the necessary permission to allow Moasis to receive and process data and send communications to that individual on your behalf.
(c) agree to indemnify and hold Moasis harmless from any losses, including attorney fees, that result from your breach of any part of these warranties or covenants or the Terms.
The software that supports the Services (the “Software”) is subject to United States export controls. You agree that none of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You acknowledge and agree that you are downloading and using the Software at your own risk.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users only as Commercial Items, with the same rights as all other end users, and according to the Terms.
Published and Unpublished rights are reserved under the copyright laws of the United States.
You agree that any and all controversies, claims, or disputes with anyone (including Moasis and any employee, officer, director, shareholder of Moasis in their capacity as such), whether brought on an individual, group or class basis, arising out of, relating to, or resulting from your MFlyer account or your use of any MFlyer Plan, including any breach of these Terms, shall be subject to binding arbitration under the Arbitration Rules set forth in California Code of Civil Procedure Section 1280 through 1294.2, including Section 1281.8 (the “ACT”) and pursuant to California law. The Federal Arbitration Act shall continue to apply with full force and effect notwithstanding the application of procedural rules set forth in the Act. Disputes which you agree to arbitrate, and thereby agrees to waive any right to a trial by jury, include any statutory claims under local, state, or federal law, including, but not limited to, any statutory or common law claims. You further understands that this agreement to arbitrate also applies to any disputes that Moasis may have with you and that arise out of, are related to, or result from your use of any MFlyer Plan. Except as provided by the ACT and these Terms, arbitration shall be the sole, exclusive, and final remedy for any dispute between you and Moasis. Accordingly, except as provided for by the ACT and these Terms, neither you nor Moasis will be permitted to pursue court action regarding claims that are subject to arbitration.