Terms Of Service

Mozaik
Terms of Service

Last Updated: September 28, 2023

Overview of our Terms of USE

These Terms of Service (“Terms”), provided by Mozaik Inc. including its subsidiaries and affiliates (collectively,  “we,” “our,” “us” or “Mozaik”), set forth the legally binding terms and conditions that govern your access and/or use of: (a) our mobile app, the “Mozaik App” or “App” (which you can download to use from different app stores), (b) our website currently located at www.mozaikapp.com (“Mozaik Website” or “Website”) and (c) our provision of any other information, materials or services through the Mozaik App, the Mozaik Website or any of our other products or services (collectively, “Services”).

By using any of the Services, you are accepting and have agreed to these Terms (including our Privacy Policy) on your own behalf or the above-referenced parties (as applicable), and you represent and warrant that you have the right, authority, and capacity to enter into and be bound by these Terms on behalf of yourself or the above-referenced parties (as applicable).

All capitalized terms not defined in these Terms of Service are defined in our Privacy Policy. 

If you do not agree with all of these Terms, do not access and/or use the SERVICES.

ELIGIBILITY and age requirements

These Terms May Change

These Terms are subject to occasional revision, and if we make any substantive changes, we may notify you by sending you an email or text message to the last email address or last phone number you provided to us or by prominently posting a notice of the changes within our Services and/or within our Terms. 

Your continued use of our Services following notice of any changes to our Terms, Privacy Policy, or any other policies or guidelines, constitutes your acceptance of all such changes.

Read our Privacy Policy

Any information that we collect through your use of the Services is subject to our Privacy Policy, which is incorporated by reference into and deemed a part of these Terms of Service.

our website – basic terms

This Section governs your use, as a Visitor, to our Mozaik Website, where our general public information about the Mozaik App is posted, and where you will be directed to download the Mozaik App.  We may, if you choose to allow us to, also collect your email address so you can receive our periodic email newsletter. 

If you choose to become a User of our App, then please review the next major Section, “OUR MOZAIK APP – BASIC TERMS.”

If you are only a Visitor, please scroll down to the last major Section, “OTHER TERMS - FOR ALL MOZAIK SERVICES,” since this Section applies to both Visitors and Users.

our mozaik app – basic terms

When you download the Mozaik App and set up an account with us, you will be deciding whether you will be a “Director” (or aspiring filmmaker), “Actor” (or influencer) and/or “Fan” (or general public or enthusiast).  Whether you are a Director, Actor and/or Fan (you can use the Mozaik App in more than one of these roles), you will be referred to as a “User” of the Mozaik App.    

Below are the terms governing all the activities and interactions that you can undertake while using the Mozaik App.  We will, however, provide – within the Mozaik App - information about all such activities and interactions and all the features and functionality of our App that are available for you to use in the Director, Actor and Fan roles, and how you can interact with other Users.  

As a User of the App, please also make sure to review the rest of the Terms that apply to Users that are located in the last major section entitled, “OTHER TERMS - FOR ALL MOZAIK SERVICES.”

Use of the Mozaik Content for any purpose not expressly permitted by these Terms is strictly prohibited.

YOU HAVE NO RIGHTS TO SEPARATELY USE ANY SOUND RECORDINGS OR MUSICAL WORKS THAT ARE EMBODIED WITHIN OR MADE AVAILABLE THROUGH THE MOZAIK APP, USER CONTENT OR MOZAIK CONTENT.

You are responsible for any content that you upload, share, or otherwise make available through the Mozaik App, and you represent and warrant that you have all necessary rights to all such content.

Since the availability of the Mozaik App is dependent on the third-party platform from which you access the Services, e.g., the Apple App Store or Google Play Store (individually and collectively, “App Store(s)”), you acknowledge and agree to the following subsections in this Section on “App Stores.”

OTHER TERMS - FOR ALL MOZAIK SERVICES

    1. Mozaik has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.  Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way. 

The rights granted to you in these Terms are subject to the following restrictions, all of which, when applicable, will be determined or assessed by us, in our sole discretion.

Any unauthorized use of the Services immediately terminates the licenses granted by Mozaik pursuant to these Terms.

For clarification, you acknowledge and agree that if another User violates any term in this Section 3 (or any other term in these Terms) and you are negatively affected by such violation, that User, and not Mozaik, shall be liable for any resulting damages or claims you may be entitled to under applicable laws.  You agree that you will initiate all such claims directly against that User and not Mozaik, and that you may contact Mozaik for the possibility of Mozaik seeking to assert its indemnification rights, as solely determined by Mozaik in its sole discretion.

We reserve the right, at any time, to modify, update, suspend, or discontinue the Services and any related terms and pricing (in whole or in part) with or without notice to you.  You agree that we will not be liable to you or to any third party for any modification, updates, suspension, or discontinuation of the Services or any part thereof.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Services or related pricing shall be subject to these Terms.

Subject to this Section, these Terms will remain in full force and effect while you use the Services.  We may, without any liability to you whatsoever, suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms.  This means we have the right to revoke our consent to your use of the Services, the Mozaik IP and/or any other permissions we previously granted to you.  Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect (e.g., survive the termination of the Terms): Sections 2 through 5, and 7 of the “Our Mozaik App – Basic Terms” and Sections 1 through 3, 5 through 9, 11, 12 and 14 of the “Other Terms for All Mozaik Services.

THE SERVICES, INCLUDING ALL MOZAIK CONTENT, USER CONTENT OR ANY OTHER INFORMATION OR MATERIALS PROVIDED BY MOZAIK OR ITS SUPPLIERS (COLLECTIVELY REFERRED TO AS “THE SERVICES”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOZAIK OR ITS AFFILIATES (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS OR REPRESENTATIVES OR SUPPLIERS)  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOST USER CONTENT, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF CONTENT OR DATA (INCLUDING USER CONTENT) RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES RELATED TO OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO MOZAIK FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO MOZAIK.  THE EXISTENCE OF MORE THAN ONE CLAIM OVER ANY PERIOD OF TIME WILL NOT ENLARGE THIS LIMIT. 

YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SECTION 8 AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOZAIK AND YOU.  

  1. Informal Dispute Procedure

Prior to formally filing any claim against us or any of our Representatives (“Dispute”), you will use good faith efforts to attempt to resolve such Dispute informally by submitting to Mozaik a written notice of the Dispute describing the nature and basis of the Dispute and the requested relief (“Dispute Notice”).  Upon receiving such Dispute Notice, we will use good faith efforts to resolve the Dispute informally by contacting you within sixty (60) days of such receipt.  If a Dispute is not resolved within one hundred and twenty (120) days after the date of our first contact with you, then either party may bring a formal proceeding through the arbitration procedures as described below.

  1. Arbitration

Please read this Section on Arbitration carefully.  It is part of your agreement with Mozaik under these Terms and affects your rights.  The following contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. All “Arbitration Cases,” which means all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) related to your use of the Services or to the Terms that cannot be resolved informally as required in these Terms, shall be resolved by binding arbitration on an individual basis in accordance with this Section.  Except as specified in these Terms, Mozaik is not committed nor obligated to use an alternative dispute resolution entity to resolve disputes with you.  Unless otherwise agreed to in writing by both parties, all arbitration proceedings shall be held in English.
    1. U.S. Arbitration Rules.  If an Arbitration Case involves a User or Visitor based or residing in the U.S. or use of the subject Services occurred in the U.S., then arbitration shall be initiated through the “American Arbitration Association” (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in these Terms.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.
    1. International Arbitration Rules.  If an Arbitration Case involves a User or Visitor based or residing outside of the U.S. or the use of the subject Services occurred outside of the U.S., then arbitration shall be initiated through the “International Centre for Dispute Resolution” (“ICDR”), an established ADR Provider that offers arbitration as set forth in these Terms.  If ICDR is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.
    1. The arbitration requirements for all Arbitration Cases shall apply to all Users, Visitors and Mozaik, and to any such party’s Representatives, predecessors in interest, successors, and assigns, as well as all beneficiaries of Services (if applicable) provided in these Terms.
    1. The arbitration shall be conducted by a single, neutral arbitrator, unless the claim exceeds $100,000.00, in which case the arbitration shall be conducted by a panel of three arbitrators.  All such arbitrators shall be or was an attorney and has professional experience in the business of video and film production, casting, script writing, entertainment and entertainers and in connection with related technology, mobile apps and social media platforms.
    1. Within twenty (20) days after the commencement of arbitration, each party shall select the Mozaik Applicable number of persons to serve as arbitrator.  If the parties cannot mutually agree in good faith (and in writing) to the selection of the arbitrator(s) within this 20-day period, the AAA or ICDR (whichever applicable) shall, at either party’s written request, complete the Mozaik Appointments that have not been made.
    1. The “Expedited Procedures” under the AAA or ICDR (whichever applicable) shall apply in any Arbitration Case in which no disclosed claim or counterclaim exceeds $100,000.00, not including interest or reasonable attorneys’ fees and arbitration costs.
    1. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (U.S. $10,000.00) may be resolved, under the AAA or ICDR (whichever applicable), through binding non-appearance-based arbitration, at the option of the party seeking relief.  Accordingly, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed in writing by both parties.
    1. For Arbitration Cases with the total amount of the award sought is ten thousand U.S. dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the arbitration rules under the AAA or ICDR (whichever applicable).  Any hearing will be held in a location within 100 miles of Mozaik’s principal place of business, unless the parties agree otherwise in writing.  If User’s or Visitor’s principal place of residence or business is located outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings and whether virtual appearance or attendance by either party is permitted.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located within 100 miles of Mozaik’s principal place of business.  Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, unless the arbitrator determines that User’s or Visitor’s claim is frivolous, then Mozaik will seek for User or Visitor to cover Mozaik’s reasonable attorneys’ fees and all fees and costs of the ADR Provider.
    1. The amount of any settlement offer made by any party may not be disclosed to the arbitrator in any Arbitration Case until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
    1. The award for an Arbitration Case shall be made within six (6) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment.  This time limit, however, may be extended by the arbitrator(s) for good cause shown, or by the parties’ mutual written agreement.
    1. Notwithstanding anything to the contrary in these Terms, the parties agree that: (a) the award (as described in Section 11.11 may be appealed pursuant to the optional appellate arbitration rules under the AAA or ICDR, whichever applicable ("Appellate Rules"); (b) such award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and (c) such award shall not be considered final until after the time for filing the notice of appeal pursuant to the Mozaik Appellate Rules has expired.  Appeals must be initiated within thirty (30) days of receipt of an award, as defined by the Mozaik Appellate Rules, by filing a “Notice of Appeal” with any AAA or ICDR office (whichever applicable).  Following the Mozaik Appeal process, the decision rendered by the Mozaik Appeal tribunal may be entered in any court having jurisdiction thereof.
    1. If arbitration is initiated in compliance with this Section 11, the arbitrator(s) will decide the rights and liabilities, if any, of User or Visitor and Mozaik, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator(s) shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to the claimant under applicable law, the AAA or ICDR rules (whichever applicable), and the terms of these Terms.  The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator(s) has the same authority to award relief that a judge in a court of law would have.  The award of the arbitrator(s) is binding upon User and Mozaik as specified in this Section.
    1. Confidentiality.  All aspects of the arbitration proceeding, including the award of the arbitrator and each party’s compliance with such award, shall be strictly confidential.  The parties agree to maintain all such confidentiality unless otherwise required by law.
    1. Equitable Relief During Arbitration.  Notwithstanding anything to the contrary in this Section 11, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 11 or the Terms.
  2. MISCELLANEOUS
    1. Equitable Relief.  You acknowledge and agree that your obligations regarding non-competition, non-solicitation, Confidential Information and any intellectual property rights hereunder have a unique, very substantial and immeasurable value to Mozaik, and breach of such obligations would cause irreparable harm and unascertainable damages to Mozaik; entitling Mozaik to injunctive relief and any other available remedies, including reasonable attorneys’ fees and costs, without posting a bond or security or proving any actual damages, and in addition to any monetary relief as may be recoverable by law.
    1. Claims Not Subject to Arbitration.  Notwithstanding anything to the contrary in Section 10 (Informal Dispute Procedure),  Section 11 (Arbitration) and Section 12.1 (Equitable Relief), claims (including those related to equitable relief below) of defamation, libel or privacy, violation of the Computer Fraud and Abuse Act, infringement or misappropriation of a party’s patent, copyright, trademark or trade secrets (or any other intellectual property rights), User’s material breach of these Terms (including your failure to pay any required fees) related to your use of the Services shall not be subject to the arbitration terms in Section 11, so long as the claimant has complied with Section 10 (Informal Dispute Procedure).  Notwithstanding anything to the contrary in this Section 12.2, either party may submit to a court of law to enforce an arbitration award, and Mozaik may submit to a court of law to enforce these Terms or seek injunctive or equitable relief.
    1. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED (AS PERMITTED IN THESE TERMS) ON AN INDIVIDUAL PERSON OR ORGANIZATION BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER  OR VISITOR (WHETHER AN INDIVIDUAL OR A BUSINESS, ORGANIZATION OR ENTITY OR ANY RELATED AFFILIATE) CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER  OR VISITOR (WHETHER AN INDIVIDUAL OR A BUSINESS, ORGANIZATION OR ENTITY OR ANY RELATED AFFILIATE).
    1. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration in accordance with the Terms.  In the event any litigation should arise between you and Mozaik in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MOZAIK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    1. Governing Law and Jurisdiction. The validity, construction and interpretation of the Terms will be governed by the laws of the State of Texas, excluding its conflict of laws provisions, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.  In any circumstances where the arbitration terms in Section 11 (Arbitration) permit the parties to litigate in court (including either party seeking equitable relief as permitted in Section 12.1 (Equitable Relief)), the parties irrevocably agree that jurisdiction and venue shall be that of the federal and state courts located within Montgomery County, Texas, for such purpose, and you agree to accept service by delivery through first class mail.  If you bring a dispute in a manner other than in accordance with these Terms, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. 
    1. Time Limit.  Notwithstanding any to the contrary in these Terms, except for those subject to Sections 12.2 (Claims Not Subject to Arbitration) or 12.1 (Equitable Relief), any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else such claim or cause of action will be barred forever.
    1. Attorneys’ Fees.  Unless otherwise specified in Section 11 specifically for arbitration proceedings, you agree that the unsuccessful party in any dispute arising from or relating to these Terms of Service will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, costs and expenses incurred.
    1. Notice Requirements. Except as otherwise specified in these Terms, all notices pertaining to any action related to the interpretation, disputed performance or breach of any provision of these Terms must be in writing and must be sent via email and also delivered or sent by: (a) first class mail, registered or certified, return receipt requested, postage pre-paid; or (b) express mail, or national express courier with a tracking system, to the addresses for each party specified in these Terms.  All notices required under these Terms will be deemed given on the day actually received by the party to whom the notice is addressed, except receipt of emails will be deemed given based on the date that is automatically included in the email, provided such a day is a business day; otherwise, on the next business day after the email is sent. 
    1. Entire Agreement.  These Terms constitute the entire and exclusive agreement between you and Mozaik regarding the Services and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Mozaik regarding all of our Services.  Unless expressly provided in these Terms, no remedy specified herein is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and in addition to every other right or remedy provided herein or available at law or in equity.  This Terms of Service is for the sole benefit of the parties under these Terms and such parties’ successors and permitted assigns, and nothing herein express or implied shall give or be construed to give any person or entity other than such parties any legal or equitable rights hereunder.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  We may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon our successors or assignees.
    1. No Waivers.  No delay or omission by either party to exercise any right or power it has (in whole or in part) under these Terms will be construed as a waiver of such right or power.  A waiver by either party of any breach by the other party will not be construed to be a waiver of any succeeding breach or any other covenant by the other party.  All waivers must be in writing and signed by the party waiving its rights. 
    1. Severability.  If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be deleted and the other provisions shall remain in full force and effect.  Upon such determination, the parties shall negotiate in good faith to substitute or modify (to the greatest extent possible) the invalid or voidable provision with a valid provision most closely approximating the economic effect and intent of the invalid provision that was originally contemplated by the parties and so that such revised provision is valid and enforceable to the maximum extent permitted by law. 
    1. Interpretation.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  For purposes of these Terms: (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms as a whole.
    1. Exports.  You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Mozaik hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
  3. Copyright and Other Intellectual Property Infringement Claims. We take the protection of Intellectual Property seriously.  We respect the rights of others’ content and Intellectual Property, and we expect our Users to do the same.  You agree not to copy, distribute, display or otherwise reproduce any of the Services or any information available through the Services without obtaining our prior written permission in each such instance.  We reserve the right (in our sole discretion) to terminate and/or disable the accounts of yours and any Users for materially or repeatedly infringing the intellectual property rights of our, our Suppliers and any other third parties in accordance with all applicable laws.  Claims of copyright or other intellectual property infringement can be sent to our Copyright Agent at [email protected].  

Any claims of alleged copyright or other intellectual property infringement must include:

  1. Identification of the intellectual property works which are the subject of the claimed infringement.
  2. Identification of the claimed infringing activity, including the location within the Mozaik Applicable Services of the infringing copy.
  3. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
  4. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
  5. A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”

If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information, as described above, in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

In the event we receive a claim, which substantially complies with the complaint requirements detailed above, we will remove the alleged infringing material from our Services and notify you that the material has been removed. You may provide us with a counter notice if you believe the claim is in error.  If you are the subject of multiple claims, we may, in our sole discretion, terminate your account without further notice.

  1. Electronic Communications.  The communications between you and Mozaik use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you: (a) consent to receive communications from us in any electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy such legal requirement as if the communications were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  2. Contact us.

PLEASE CONTACT US AT [email protected] IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.