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").
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
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.
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 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.
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
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
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