MOOTA, SHOP INC. (“MOOTA”) provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between MOOTA and you governing your use of the Website. By using and/or visiting the www.mootashop.com/home Website or any other websites and social media profiles owned or controlled by MOOTA (collectively as the "Website"), you signify your assent to both these Terms of Use and the MOOTA Privacy Policy, which is specifically incorporated into these Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.
MOOTA hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without MOOTA’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using MOOTA and/or the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If MOOTA suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the MOOTA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MOOTA grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MOOTA reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by MOOTA. MOOTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release MOOTA from any and all liability arising from your use of any third-party website.
Fees: The fee for a MOOTA product or other offering is specified on the page on our Website where you purchase the applicable MOOTA product. You agree to pay all amounts due in accordance with the payment terms in effect when you purchase a MOOTA product, including any applicable service, transaction, or processing fees.
Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, MOOTA may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
Payment: You may purchase a MOOTA product by using a valid payment card with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Your use of your payment card is governed by your agreement with and the privacy policy of the applicable payment card, not these terms.
Refunds and Revisions: You may receive a refund on MOOTA products in certain circumstances in MOOTA’s sole and absolute discretion. If applicable, revisions may be made to MOOTA products by email submissions or direct contact to one of our helpful representatives.
Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 4 Payments
Further information and Klarna’s user terms can be found on the Klarna website
. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
The content created by MOOTA, including without limitation, the text, graphics, and photos created by and for the Website, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MOOTA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of MOOTA or as expressly provided herein. MOOTA reserves all rights not expressly granted in and to the Website and the Content contained therein.
A user of the Website who receives a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively as the “Master”) shall be given the limited license to use the Master solely for personal use. A user shall have no right to copy, sell, lease, publicly perform, license or otherwise grant rights in and to the Master. No ownership or rights of any sort in and to the Master shall be transferred, assigned or sold to the user through the purchase of the Master via the Website. MOOTA may, in its sole discretion, grant a user additional rights to share the Master solely through mechanisms (e.g. embedding) provided on the Website or uploading the Master for distribution on certain streaming services. Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Master.
6. User Submissions
The interactive nature of postings on MOOTA makes it impossible for MOOTA to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by MOOTA users, and any text, data, photographs, video, music, sound, chat, messages, files, or other material provided to us by users are not endorsed by MOOTA, and we make no guarantee regarding the reliability, accuracy, or quality of any user-submitted content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such user-submitted content. All user-submitted content posted to the Website is the sole responsibility of the person who originally posted the user-submitted content, and your sole recourse for any damage you may suffer as a result of user-submitted content shall be to such individual.
You shall be solely responsible for your own user-submitted content and the consequences of posting or publishing them. You retain all of your ownership rights in your user-submitted content.
If you choose to post user-submitted content on the Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with MOOTA. You understand that MOOTA does not guarantee any confidentiality with respect to any User-Submitted Content.
MOOTA expressly disclaims any and all liability in connection with user-submitted content. MOOTA reserves the right to remove Content in its sole discretion and without prior notice. MOOTA also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
The following rules of conduct apply to your use of the MOOTA platform and to any and all materials you post on the platform, including text, data, graphics, audio or video content, music, sound, chat, messages, files, or other material (collectively User Submissions), whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the MOOTA platform.
You may not, in connection with the MOOTA platform:
Upload, post, email, or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized;Infringe or violate any patent, copyright, trademark, trade secret, or other property right; breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); create content that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically, or otherwise objectionable or offensive in any way;Constitute a breach of any person’s privacy or publicity rights, misrepresent facts, or involve hate speech;Violate or encourage others to violate any applicable law, statute, ordinance, or regulation;Promote software or services that deliver unsolicited email; or contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful programming routines.
You may not, except with MOOTA’s express advance authorization or in a specially designated area, use the MOOTA platform to:
Harm minors in any way; solicit personal information from anyone under 18;Provide false or deceptive information; delete, add, or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; orAllow usage by others in such a way as to violate MOOTA’s Terms of Use.
MOOTA respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with MOOTA and the platform, you may not post, modify, distribute, or reproduce in any way any user-submitted content that is copyrighted material belonging to others, without obtaining their prior written consent. MOOTA reserves the right, in its discretion, to remove any user-submitted content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the platform in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the content of an email is the best way to help us locate content quickly.Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
MOOTA.com
Email:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
MOOTA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the platform (or any part thereof) with or without notice. MOOTA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the platform.
MOOTA may, under certain circumstances and without prior notice, immediately terminate your MOOTA account and access to the platform and any other MOOTA service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the platform (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the platform or any other MOOTA product. Termination of your MOOTA account includes: (a) removal of access to all pages within the platform; (b) deletion of your password and all related information, files, and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the platform. Further, you agree that all terminations for cause shall be made in MOOTA’s sole discretion and that MOOTA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the platform.
IN NO EVENT SHALL MOOTA, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MOOTA, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOOTA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Platform is controlled and offered by MOOTA from its facilities in the United States of America. MOOTA makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
These Terms of Use, and any privileges and permissions provided herein, cannot be reassigned, conveyed, entrusted, or sublicensed by you, but can be reassigned, conveyed, entrusted, or sublicensed by Moota without limitation.
The Website is © 2024 Moota Shop Inc. All Rights Reserved and no part of the Website may be duplicated, replicated, transmitted, derived, or otherwise utilized for any intent without the preceding written consent of Moota.
All of the Moota trademarks are owned by Encore App, LLC and may not be utilized for any purpose without the prior written authorization of Moota.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a continuing waiver, and Moota's failure to assert any right or provision shall not constitute a waiver. Moota reserves the right to amend these Terms of Use at any time without prior notice, which shall be effective upon posting to the Website. You are responsible for reviewing these Terms of Use for changes. Your use of the Website after any amendment signifies your acceptance of the revised terms. Any cause of action must commence within one (1) year after accrual, or it is permanently barred.
By providing your mobile number and selecting “I CONSENT,” you agree to receive mobile text alerts regarding exclusive offers and promotions from Moota. You may receive recurring Moota promotional text messages and reminder messages (including shopping cart reminders).
You acknowledge that signing up for this program is optional and not required to make any purchases, and your consent above is not a condition of purchase.
By signing up, you confirm that you are over the age of 13.
You understand that we will send mobile text messages using automated technology.
Standard message and data rates may apply. Send STOP to cancel and HELP for help. For more information, contact us at
.
Moota is dedicated to safeguarding your privacy; please refer to Moota’s privacy policy for details on how we utilize your number.
To report any violations of the Terms of Use, including objectionable user submitted content or behavior, please send an email to
. In your email, please provide the reasons for your concern and include a link to the User Submission, Content, or, if applicable, the behavior in question. Upon receiving such a report of a possible violation, Moota will investigate the matter and take appropriate action at its sole discretion.
Terms of Use updated May 3, 2024.
MOOTA @ Copyright 2024 all rights reserved