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Terms Of Service

These Terms of Use are effective on May 8th, 2016. 


The following Terms of Use exhibit the terms and Conditions which should be read and carefully and complied with by every visitor or user of MozaicMe.com, a subsidiary of Extentrix Systems FZE. By accessing or using the MozaicMe website, the MozaicMe service, or any applications (including mobile applications) made available by MozaicMe (together, the "Service"), however accessed, you agree to be bound by these Terms of use.


INTERPRETATION


Content shall mean and include any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that the User submits, posts or displays on or via the Service.


MozaicMe refers to MozaicMe, a subsidiary of Extentrix Systems FZE, P.O. Box 327248 RAK, United Arab of Emirates. ‘We’, our and us refer to MozaicMe. User shall mean and include any individual or body corporation (or any other legal entity) that uses and avails the Services of MozaicMe. ‘You’, ‘your’ etc shall refer to User.


Website refers to mozaicme.com.


 CONTRACTUAL AGREEMENT


These Terms constitute a contractually binding agreement between you and the Website. These Terms may be updated periodically and your continued use of the website shall be a conclusive proof of your acceptance of such updated Terms of Use.


ELIGIBILITY


You must be at least thirteen (13) years of age to use the Services of the Website. When individuals less than 13 years of age use this website, they may do so only with the absolute consent/guidance/involvement of parents/guardians or through the registered accounts of parents/guardians. The Website shall not be responsible or liable for any loss/harm to such users who avail the Services without such consent or guidance.


SERVICES


The Website provides social network site for online mosaic where a user will need to create an account by registration through Username and a password or through his profile on other social media networks. The Website is responsible only for the products and services offered within its scope and not beyond. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. You agree that you are responsible for all data and telecommunications related charges you incur through use of the Service.


USER RESTRICTIONS ON USE OF THE WEBSITE AND ITS SERVICES


You have a limited or restricted use to the services or features on our website or a non-exclusive license to access or make personal or non-commercial use of this site and this license shall not give you or your affiliates, partners or friends an authority to modify, amend, transform, revise, sell, exploit for commercial use or make any derivative use of the contents of the Website or any portion or product on this Website. You further specifically agree to the following conditions:



  1. You may not post violent, nude, obscene, partially nude, discriminatory, unlawful, infringing, hateful, defaming, ethnically objectionable, threatening to the unity and integrity of the Country, pornographic or sexually suggestive photos or other content via the Website;

  2. You agree that you will not solicit, collect or use the login credentials of other MozaicMe users or any other private information by using any means;

  3. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;

  4. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any MozaicMe page is rendered or displayed in a user's browser or device;

  5. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any MozaicMe users

  6. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other MozaicMe terms. You must not use domain names or web URLs in your username without prior written consent from MozaicMe;

  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content including but not limited to, copyright laws;

  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Website;

  9. You shall not violate any law, statute, legal regulation or ordinance of your jurisdiction and the law governing this App including those laws related to consumer protection, unfair competition, anti-discrimination etc; AND

  10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with MozaicMe's express consent).

  11. You must not; a) engage in illegal activities or activities that are potentially harmful, exploitative or threatening to children; b) engage in false, fraudulent or misleading activities; c) circumvent any restrictions imposed on the access to any part of the Services; d) act that is harmful to MozaicMe, you, other users, Services, or any other person from general public and; e) abet, aid or assist any person to violate any provision of the Terms.


RISKS AND PRECAUTIONS:


Similar to any other social media website, this Website may expose you to certain kinds of risks of fraud, misrepresentation, cheating etc. You are strongly advised not to share any valuable, personal or credit card information with any other User and take reasonable precautions while interacting with other Users. You agree to assume all risks the Website entails as mentioned in the foregoing provision. You understand that you will be responsible to take appropriate precautions when interacting with other Users through this Website and other services offered thereunder. We own no liability as to your unpleasant experience with reference to the Services.  


You will solely be responsible and liable for your commission of any of the above mentioned act. We will have right to terminate your account and Services in case of your commission of such mentioned act. You understand and agree that MozaicMe cannot and will not be responsible for the Content posted on the Service and you use the Services at your own risk. If you violate these Terms of Use, in letter and spirit, or otherwise create or attempt to create risk of any legal liability for MozaicMe or expose or attempt to expose MozaicMe to any legal liability, we reserve right to stop providing all or part of the Service to you in addition to or in lieu of any other remedy available to us under any applicable law.


GRANT OF RIGHTS


MozaicMe does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to MozaicMe a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy, available here (http://www.MozaicMe.com/privacy/).


In case of other forms of premium Services, they may contain advertising revenue and you agree to grant a non-exclusive, royalty-free license to place such advertisement or promotion on the Website or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.


Intellectual Property Rights


Intellectual Property Rights” means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.


You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service do not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other payments owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.


The Service contains content owned or licensed by MozaicMe ("MozaicMe Content"). MozaicMe Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and MozaicMe, MozaicMe owns and retains all rights in the MozaicMe Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MozaicMe Content and you will not reproduce, modify, adapt, prepare derivative works based on MozaicMe Content, or perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the MozaicMe Content.


The MozaicMe name and logo are trademarks of MozaicMe, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MozaicMe, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MozaicMe, and may not be copied, imitated or used, in whole or in part, without prior written permission from MozaicMe.


REPORTED COPYRIGHT AND OTHER IP VIOLATIONS



  1. We respect other people's rights, and expect you to do the same.

  2. We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement please contact legal@mozaicme.com.  

  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.


DISRUPTION OF SERVICES


Although it is MozaicMe's intention for the Service to be available as much as possible, there may be occasions when the Service are interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, MozaicMe reserves the right to remove any Content from the Service for any reason, without prior notice to that effect. Content removed from the Service, in exercise of the right mentioned in the foregoing provision, may continue to be stored by MozaicMe, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, MozaicMe encourages you to maintain your own backup of your Content. In other words, MozaicMe is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. MozaicMe will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.


LIABILITY DISCLAIMER


You agree that MozaicMe is not responsible for, and does not endorse, Content posted within the Service. MozaicMe does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use or any applicable law, you may bear legal responsibility for that Content. Except as otherwise described in the MozaicMe’s Privacy Policy between you and MozaicMe, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with MozaicMe is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place MozaicMe in a position that is different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of MozaicMe, and MozaicMe will not be liable for any use or disclosure of any Content you submit.


IN NO EVENT, SHALL MozaicMe OR ANY OF ITS ASSOCIATED AFFILIATES OR RELATED CORPORATIONS BE LIABLE FOR  ANY INJURY, DAMAGE, CLAIMS OR EXPENSES ARISING OUT OF ANY ERROR, COMPUTER VIRUSES, DELETION, DEFECT OR DELAY IN PROVISION OF SERVICES, COMMUNICATION FAILURE, FAULT OF THE CREDIT AGENCY OR BREACH OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER CAUSE OF ACTION. WE SHALL NOT BE HELD ACCOUNTABLE FOR SPREAD OR TRANSMISSION OF ANY VIRUSES, HARMFUL COMPUTER PROGRAMS ETC ON ACCOUNT OF YOUR INTERACTION WITH THE WEBSITE. IN NO CIRCUMSTANCE SHALL THE APP AND ITS AFFILIATE MEMBERS OR PARTIES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF ANY CLAIM BY THE USER. HOWEVER, SUCH LIMITATIONS SHALL OPERATE TO THE EXTENT PERMITTED BY LEGAL RULES, REGULATIONS, STATUTES, ORDINANCES OR COURT ORDERS AND SHALL BE SUBJECTED TO PUBLIC POLICY. IN NO EVENT WILL THE MOZAICME PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN SUCH CASES.


YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MOZAICME'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE MOZAICME PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MOZAICME PARTIES. 


DISCLAIMER OF WARRANTIES


THE SERVICE, INCLUDING, WITHOUT LIMITATION, MOZAICME CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MOZAICME NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "MOZAICME PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MOZAICME CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MOZAICME OR VIA THE SERVICE. IN ADDITION, THE MOZAICME PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE MOZAICME PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MOZAICME PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MOZAICME PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MOZAICME PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 


INDEMNIFICATION


You agree to indemnify us or our agents, affiliates, officers, associates, directors, joint ventures, partners and employees against any damages, costs, cause of action, losses, fines, penalties, recoveries or any claims of kind nature, including reasonable attorney’s fees, related to or arising out of your breach of this user agreement or privacy policy or any of the local, national or international laws.


DISPUTE RESOLUTION


Any affected/aggrieved User and MozaicMe or its directors or operators shall engage in conciliation to resolve any dispute arising out of the breach of this agreement or any of the policies contained on this website. In case of failure to resolve the disputes through the above mechanism, the parties shall resort to binding arbitration according to the Arbitration laws of UAE. The Arbitrator, who shall be an independent and neutral party, shall be appointed with mutual consent of the parties. The seat of the Arbitration shall be located in Dubai.


You may opt out of this agreement to arbitrate. If you do so, neither you nor MozaicMe can require the other to participate in an arbitration proceeding. To opt out, you must notify MozaicMe in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: 
MozaicMe, a subsidiary of Extentrix Systems FZE, 723, Fairmont Hotel, Sheikh Zayed Road Dubai, UAE


You must include your name and residence address, the email address you use for your MozaicMe account, and a clear statement that you want to opt out of this arbitration agreement. 


GOVERNING LAW


This agreement shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates without regard to its rules of conflict of laws. Each of the Parties consent to exclusive jurisdiction of the courts of Dubai, United Arab Emirates for any litigation or proceeding arising out of or relating to this agreement and the transactions contemplated hereby.


JURISDICTION


Unless otherwise provided hereunder, the Courts of Dubai shall have exclusive jurisdiction in any of the disputes arising out of the Agreement.


NOTICE


You hereby agree and acknowledge that any communication made between you and the website (or Company) shall be done electronically in the manner prescribed and you shall not contest the validity or enforceability of such electronic communications.


SEVERABILITY


If any of the Terms contained in this Agreement is rendered invalid/illegal or void by any Court of Law or any enforcement agency, such holding shall not waive the Company’s right to proceed against the user or any third party (who is bound by these Terms) with respect to breaches of the remaining or subsequent Terms of the Agreement. Such other Terms shall remain in force irrespective of striking down the invalid or illegal clause.


HEADING AND NUMBERS:


Headings and numbers used in the Terms of Use are for the reference and convenience of the readers and are not intended to interpret or add any additional meaning to any provision of the Terms of Use.


NO WAIVER:


Unless otherwise provided hereunder, our failure to exercise our right or require from you to perform your obligation arising from these Terms of Use shall not affect or limit our ability to exercise such right or require such performance at any later time nor shall the waiver of a breach of these Terms of Use constitute waiver of any future breach.


TERMINATION


MozaicMe may, in its sole discretion, and at any time restrict or terminate the use or access of any user, without limitation and notice, to the services and contents of the Website if any such user is found in violation or repeated violations of any of the clauses contained in this Agreement.


We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your MozaicMe account by logging into the Service and completing the form available in the account management area. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease to exist.


ENTIRE AGREEMENT AND ASSIGNMENT


If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and MozaicMe and governs your use of the Service, superseding any prior agreements between you and MozaicMe. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of MozaicMe. Any purported assignment or delegation by you without the appropriate prior written consent of MozaicMe will be null and void. MozaicMe may assign these Terms of Use or any rights hereunder without your consent.


UPDATED TERMS OF USE


We reserve the right, in our sole discretion, to make any change or amendments in these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.


ASSIGNMENT:


Unless otherwise expressly provided in these Terms of Use, you cannot assign any rights or obligations arising from these Terms of Use without prior written consent of MozaicMe, and any attempted assignment in violation of the foregoing provision shall have no force or effect.


CONTACT US


In case of any complaints or grievances regarding the terms or breach of the terms, the user may contact us at mozaicme@mozaicme.com



LAST UPDATED: Jan 2th, 2017.