We’ve drafted these Terms of Service (which we call the "Terms") so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Mood App. So please read them carefully.
By using Mood App or any of our other products or services that link to these Terms (we refer to these collectively as the "Services"), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Mood App AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Mood App WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not post objectional content in any sense
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We may collect and use information about your usage of the app, including certain types of information from and about your device. We may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the app.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for your personal, non-commercial purposes. You may only use the app on Apple devices that you own or control and as permitted by the App Store Terms of Service.
We use various technologies to collect information from your computer or mobile device and about your activities on the Mood App Service.
Cookies are one such tool. A cookie is a small text file that is stored on a user's computer or mobile device for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate the Mood App Service. A persistent cookie remains on your hard drive for an extended period of time. We also may record your password in this cookie file. We may encrypt any usernames, passwords, and other user or user account-related data that we store in such cookies. Cookies may contain a unique identifier. Our service providers may serve cookies to allow them to assist us in analysis and research on the effectiveness of the Mood App Service, content and advertising.
The cookies may serve different purposes. Some essential cookies are our cookies and they allow you to use Mood App. We use analytical cookies to track our performance. Ad targeting cookies are placed by advertisers to deliver and track adds and delver ads targeted towards you.
You may delete or decline cookies by changing your browser settings. If you do so, some of the features and services of the Mood App Services may not function properly.
Other technologies help us track user activities and preferences. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Web beacons are embedded invisibly on the web pages or in email and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users and to understand usage patterns. We also may receive an anonymous identification number if you come to the Mood App Service from an advertisement. You cannot opt out of web beacons used in webpages, but you can limit their use by opting out of the cookies they interact with. You can opt out of web beacons used in emails by setting your email client to render emails in text mode only. We use local storage to facilitate certain functions, but we do not retain the data captured via local storage.
Visiting from Outside the United States
Objectionable Content Policy
The app allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material ("Content"). You are responsible for the Content that you post on or through the app, including its legality, reliability and appropriateness. Mood App will monitor all content on the app and reserves the right to remove content that it deems Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
No Rights of Third Parties
Mood App disclaims all warranties about the app to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Mood App, not Apple, shall be solely responsible for such warranty.
Maintenance and Support
Mood App does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law. Mood App, not Apple, shall be obligated to furnish any such maintenance or support.
Mood App, not Apple, is responsible for addressing any claims by you relating to the the app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Third Party Intellectual Property Claims
Mood App shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the app. To the extent Mood App is required to provide indemnification by applicable law, Mood App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the app or your use of it infringes any third party intellectual property right.
This policy is of 5/26/2020.