Welcome to the moxie.com web sites and/or the Moxie applications (the "Site"). You have access to a variety of resources and content. These may include: (a) software, applications, application program interfaces, software as a service offerings, and outputs to all of the foregoing ("Software"); (b) web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, white papers, and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and Beartooth Enterprises, Inc. and its affiliated companies ("We" or "Moxie"). By accessing or using the Site or the Content, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content ("Terms of Use") and our Privacy Policy. Moxie may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective one month after it is posted. You can review the most current Terms of Use at http://www.moxiedating.co/moxie/client/terms and Privacy Policy at http://www.moxiedating.co/moxie/client/privacy. “Agreement” shall mean these Terms of Use, the Privacy Policy, any applicable Subscription Terms (see Section 1), any applicable Affiliate Agreement (see Section 24), and any rules, guidelines or terms of use posted for a specific area of the Site or Content.
Your use of Software is subject to all agreements such as an order form, platform agreement, license agreement or user agreement that accompanies or is included with the Software ("Subscription Terms"). In the event that a conflict exists between the Terms of Use and the Subscription Terms, the Subscription Terms shall control. Unless otherwise stated in Subscription Terms (or in the absence of Subscription Terms), Software may be used subject to the following: (a) the Software may be used solely for your personal, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
You may download, store, display on your computer, view, listen to, play and print Materials that Moxie publishes or broadcasts or makes available for download subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
Community Services are provided as a convenience and Moxie is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Moxie products and services, including information from Moxie employees, they are not an official customer support channel for Moxie.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about others may not be stored or collected except where expressly authorized by Moxie.
The Site and Content are the intellectual property and copyrighted works of Moxie or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Moxie reserves the right to terminate the permissions granted to you and your use of the Content at any time.
Moxie will only use Personal Information in accordance with the Moxie Privacy Policy. Moxie may access your contact info and contact you at anytime.
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") materials with or through the Site, Software or other Content that you have the right and authority to Share and for which you have the right and authority to grant to Moxie all of the licenses and rights set forth herein. By Sharing material, you grant Moxie a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for any purpose and in any form, medium, or technology now known or later developed; provided Moxie shall not engage in any activity that is in contravention of the Privacy Policy. The foregoing right includes, without limitation, the right to incorporate or implement the material into any Moxie product or service, and to display, market, sublicense and distribute the material as incorporated or embedded in any product or service distributed or offered by Moxie without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Moxie's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all moral rights in the material have been waived to the full extent allowed by law.
You agree that you will not use the Site, Software nor other Content in a manner, nor Share any material, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of anyone's rights, including intellectual property rights; (g) violates or promotes the violation of any applicable laws or regulations; or (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Moxie may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Unless you are a Moxie Affiliate (see below), Moxie does not want to receive confidential information from you. Notwithstanding anything that you may note or state in connection with Sharing material, it shall not be considered confidential information and shall be received and treated by Moxie on a non-confidential and unrestricted basis and Moxie shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in Moxie's Privacy Policy.
You agree not to (a) access or use the Site, Software or other Content in any manner that could damage, disable, overburden, or impair any Moxie accounts, computer systems or networks; (b) attempt to gain unauthorized access to any parts of the Site or any Moxie accounts, computer systems, networks, Software or other Content; (c) interfere or attempt to interfere with the proper working of the Site or any Moxie accounts, computer systems, networks, Software or other Content; (d) use any robot, spider, scraper or other automated means to access the Site or any Moxie accounts, computer systems, networks, Software or other Content without Moxie's permission; (e) to frame or mirror any part of any Content; (f) access any Content in order to build a competitive product or service; (g) reverse engineer any Content (to the extent such restriction is permitted by law); or (h) frustrate any attempt (e.g., remove or alter JavaScript, use ad-blockers) for Moxie to receive revenue through selling advertising space.
If any of the Software or other Content requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. It is a violation of the Terms of Use to open multiple accounts. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site, Software or other Content (“Secure Site”) are restricted to authorized users only. Authorized users agree not to share password(s), account information, or allow people who are not authorized users access to the Secure Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Moxie immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by this Agreement.
You agree not to use the Site or Content or Share any materials for any purpose that is unlawful or prohibited by this Agreement.
You agree to indemnify and hold harmless Moxie, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of materials that you Share, your violation of this Agreement, or your violation or infringement of any third party rights, including intellectual property rights.
Moxie has no obligation to monitor material that is Shared. However, Moxie reserves the right to review and monitor all use and activity and, in its sole discretion, to remove or choose not to make available any Shared material for any reason.
Moxie is not obligated to conduct criminal background or identity verification checks on its users. Even if Moxie implements criminal background or identity verification checks, You understand that such tools are not a guarantee of safety.
YOU UNDERSTAND THAT MOXIE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. MOXIE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. THERE IS A RISK THAT OTHER USERS MAY ENGAGE IN FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.
Although Moxie strives to encourage a respectful user experience, it is not responsible for the conduct of any user. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of the Site or meet in person.
Moxie may, in its sole discretion, at any time discontinue providing or limit access to the Site or Content. You agree that Moxie may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. You agree that Moxie shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including materials that you may have Shared. Moxie cannot redeem or refund digital products (hearts).
The Site and Content provides links to third party web sites, output from third party APIs, and access to third party products and services (collectively, “third party content”). Third parties may include users, advertisers, affiliates and sponsors. Moxie is not responsible for third party content or for any changes or updates to such third party content, and you bear all risks associated with the access to, and use of, such third party content.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOXIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOXIE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU IS USED AT YOUR OWN DISCRETION AND RISK. MOXIE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
MOXIE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL MOXIE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 12 AND 13, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
Moxie is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Moxie's Privacy Policy.
Persons who are not of the age of majority are not eligible to use the Site or Content, and we ask that no information in relation to such persons be submitted to us.
You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Moxie in violation of any such restrictions, laws or regulations. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of Moxie outside the U.S.
Information on the Site or Content may reference or cross-reference Moxie products, programs, or services that might not be available in your location. Such references do not imply that Moxie plans to make such products, programs, or services available in your location.
You may not use Content to promote content or activity that is: illegal, fraudulent, false, deceptive, misleading, libelous, defamatory, threatening, extremist, racist, anti-social, malicious or age-inappropriate.
The failure of Moxie to exercise or enforce any rights or provisions in this Agreement shall not constitute a waiver of such right or provision. If any part or provision of this Agreement is found to be unenforceable, such part or provision may be modified to make the Agreement, as modified, legal and enforceable. The balance of the Agreement shall not be affected.
The laws of the state of Georgia govern this Agreement and all matters relating to your access to, and use of, the Site and Content (without giving effect to its conflicts of law principles). Both parties consent to the personal jurisdiction of the state and federal courts in Georgia. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees; provided that if the losing party proffered an offer of judgment made pursuant to the controlling rules of civil procedure which the prevailing party did not accept, and the prevailing party’s final judgment is not more favorable than the unaccepted offer, than for the time period between the date such offer was made and the judgment the prevailing party shall not be reimbursed for attorneys’ fees and the prevailing party shall reimburse the losing party for its reasonable attorneys’ fees.
Copyright © 2019-2020 Beartooth Enterprises, Inc. and/or its affiliates. All rights reserved.All rights reserved.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Site or any Content to infringe Moxie's intellectual property rights or the intellectual property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Moxie Software, third party software, or any products or Content.
You may generally use Moxie trademarks to refer to the associated Moxie products or services. For instance, a Moxie Affiliate may issue a press release stating that it is offering services (e.g., flower delivery) through the Moxie™ dating application.
Moxie Affiliates may indicate the relationship of their products or services to Moxie products or services by using accurate, descriptive tag lines in connection with your product or service name. Within text or body copy, such tag lines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tag line appears in significantly smaller type than your name. You should also distinguish the tag line from your mark by using a different font or color.
You may not use Moxie trademarks in a manner that could cause confusion as to Moxie sponsorship, affiliation or endorsement.
Proper use of Moxie trademarks reinforces their role as brands for our products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane," and "escalator." By adhering to the following rules, you help protect Moxie's investment in its trademarks.
Use a generic term in association with each Moxie trademark the first time the mark appears in text, and as often as possible after that. You need not include generic names in headlines, package titles and documentation titles.
Except when referring to Moxie as a trade name (see below), Moxie trademarks are adjectives and should not be used as nouns, or in the possessive or plural form.
Do not vary Moxie trademarks by changing their spelling or abbreviating them.
Proper trademark attribution helps makes the public aware of our trademarks, and helps prevent them from becoming generic terms. Accordingly, Moxie would appreciate you attributing ownership of Moxie trademarks to Moxie and using trademark symbols (™ or SM or ®).
Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using “Moxie” as a substitute for Beartooth Enterprises, Inc. you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you should not use a trademark symbol after "Moxie" when it appears as part of the full corporate name or as a trade name.
You agree to not engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair Moxie’s right, title, and interest therein, nor shall you cause diminishment of value of the trademarks through any act or representation. You will not apply for, acquire, or claim any right, title, or interest in or to any trademarks that is confusingly similar to any Moxie trademark, through advertising or otherwise. All goodwill resulting from any use of Moxie’s intellectual property will inure solely to the benefit of Moxie. You shall not at any time do, fail to do, or permit any act to be done which may in any way impair the rights of Moxie in any of its intellectual property.
You may not assign or transfer any of its rights or obligations under this Agreement (including in connection with an acquisition, change in control, or to an affiliated party) either in whole or in part without the prior written consent of Moxie. Any attempted assignment or delegation without such consent will be void. Moxie shall have the unencumbered right to assign this Agreement, in whole or in part, to any third party. Subject to the foregoing, the terms and conditions of this Agreement shall bind and inure to the parties’ successors and assigns.
If you signed a separate agreement (“Affiliate Agreement”), other than either the Privacy Policy or Subscription Terms, that incorporates these Terms of Use, then you are an “Affiliate.” Nothing in the Affiliate Agreement, Terms of Use or any other part of this Agreement shall be construed as creating a joint venture, partnership, agency, employer/employee, or similar relationship between you and Moxie, or as authorizing either you or Moxie to act as the agent of the other. The Affiliate’s relationship to Moxie is that of an independent contractor. The Affiliate shall have no authority to bind Moxie to any contractual terms.
Affiliate represents and warrants in favor of Moxie that: (a) it has the full corporate right and authority to perform the acts and obligations required of it under this Agreement, including execute and deliver the Subscription Terms, if applicable; (b) its performance under this Agreement shall not violate any agreement to which it is a party or by which it is bound; (c) this Agreement constitutes the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms; and (d) if it knows or should know of any claims it has against Moxie, its officers, directors, employees or agents, it has disclosed those claims in writing prior to executing the Affiliate Agreement or it waives such claims.
If you are a Moxie Affiliate, either you or Moxie (each a “Discloser”) may disclose to the other party (each a “Recipient”) information pertaining to either Moxie or the Subscribed Content (“Purpose”) that the Discloser considers confidential (“Confidential Information”). Recipient may use Confidential Information only for the Purpose. Recipient must use a reasonable degree of care to protect Confidential Information and to prevent any unauthorized use or disclosure of Confidential Information. Recipient may share Confidential Information with its employees, directors, agents or third party contractors who need to know it and if they have agreed with either party in writing to keep information confidential. Confidential Information does not include information that: (a) was known to Recipient without restriction before receipt from Discloser; (b) is publicly available through no fault of Recipient; (c) is rightfully received by Recipient from a third party without a duty of confidentiality; (d) is independently developed by Recipient; or (e) relates to any information covered by Moxie’s Privacy Policy. A party may disclose Confidential Information when compelled to do so by law if it provides reasonable prior notice to the other party, unless a court orders that the other party not be given notice. This Section will continue for 4 years after the termination of the Affiliate Agreement.
Moxie may identify Moxie Affiliates in its marketing efforts.
The breach of this Section will cause irreparable harm to the other party and monetary damages may not be a sufficient remedy for an unauthorized disclosure of the Confidential Information. If the breaching party discloses the Confidential Information in violation of this agreement, the other party may, without waiving any other rights or remedies and without posting a bond or other security, seek an injunction, specific performance, or other equitable remedy to prevent competition or further disclosure, and may pursue other legal remedies.
Invoiced charges are due immediately and recurring charges will be due prior to the start of a new billing period. If applicable, credit cards will be charged prior to the start of any billing period. Unless a term is specified in Subscription Terms, you may cancel at any time. You will not be refunded any amount (pro-rated or otherwise) for the remainder of the unused billing period after cancellation.
You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. Any amount not paid when due will be subject to finance charges equal to 1.5% percent of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less. You will reimburse any costs or expenses, including without limitation, reasonable attorneys’ fees, incurred by Moxie to collect any amount not paid when due. Further, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible we will invoice you and you will pay that amount. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features. Termination of Subscription Terms or this Agreement will not release You from its fee obligations.
Either You or Moxie may terminate this Agreement upon written notice if any of the following events occur: (a) a breach of Section 25, (b) the other party fails to fails to cure a material breach of this Agreement (other than a breach of Section 25) within ten (10) days after receipt of written notice of such breach and opportunity to cure, (c) either party becomes the subject of a proceeding under bankruptcy, receivership, insolvency, or similar law, which is not dismissed within thirty days after being instituted, (d) this Agreement, or the actions of either party, is in violation of any law, other than a technical violation that is curable and cured within ten (10) days after receipt of written notice of such violation from the non-violating party.
If an Affiliate Agreement requires that Moxie produce a transaction report, such report shall be deemed conclusive for all purposes.
Revisions to the Terms of Use are effective one month after posting unless you are an Affiliate with an Affiliate Agreement that describes both an initial term and renewal term(s). In such a case, the latest Terms of Use posted prior to the effective date of the contract shall control for the initial term of the contract, and the Terms of Use in place one month prior to any renewal shall control for such renewal period. If you have an Affiliate Agreement with Moxie that is indefinite in duration, Moxie will attempt to notify you via email when the Terms of Use are revised.
Last Revised: July 17th, 2020