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Terms of Use

Description of Moomie:

Moomie enables users to create a list of their favorite items, brands, etc.; as well as create active lists of items that users would like to receive as a gift or buy for themselves. The information is then viewed and used by other users in order to assist in the gift giving process.

In order to create a profile page and access other pages on the site, users will need to create a user name and password. Users are responsible for maintaining the confidentiality of their passwords. Moomie may refuse to grant a user a specific user name and/or password, if such user name and password is being used by another user; that may impersonate another person; that belongs to another person, without his or her prior consent; that is vulgar or otherwise offensive; or that Moomie rejects for any other reason in its sole discretion.

Site Content:

    1. General Information: Moomie's services facilitate sharing information through users' profiles. Each user owner (and not Moomie) is solely responsible for the content included in the profile. Moomie has no control over the truth, accuracy, or content of the catalog listings or the quality, safety or legality of the information included in the profiles or the products.

    1. Control of Information: By creating profiles, users share information about themselves and their personal tastes. Moomie does not control the information that is made available by users. While Moomie reserves the right to remove or edit such content, Moomie does not regularly review posted content, and cannot and do not warrant, verify, or guarantee the quality, accuracy, or integrity of information that users may access. Users are solely liable for the content places in their profiles. Such content includes any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, and other materials. By using Moomie.com, users agree to accept such risks and that Moomie is not responsible for users' acts or omissions, or those of other users, in using the site.

    1. Restricted Content: Information in user's profiles may not: (a) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (d) be obscene or contain child pornography or otherwise be adult in nature. Moomie, LLC reserves the right to remove any material from the site at its own discretion.

Sharing Profiles/Lists:

  1. Sharing Information. While the site provides information, including links to third party sites, to facilitate adding information to users' profiles and lists and may enable or facilitate transactions, Moomie is not a party to any transaction among users or any other party.

  1. Release. In the event that users have a dispute with a third party, users release Moomie and its officers, directors, agents, and employees from claims, demands and damages, both actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If user is a California resident, such user waives California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Breach: Without limiting other remedies, Moomie, LLC may limit users' activity, immediately remove users' profile and/or lists, temporarily suspend, indefinitely suspend or terminate users' use of the site, and refuse to provide Moomie's services to users for any reason whatsoever including (i) a breach of this Agreement, (ii) belief, in Moomie's sole discretion, that user's actions may cause financial loss or legal liability for Moomie and its users; or (iii) Moomie, LLC changes operation pratices of the site in a manner which makes it impracticable to continue to provide the services.

License and Site Access: Moomie grants users a limited license to access and make personal use of any part of the site owned by Moomie, LLC and not to download any portion of it (other than page caching) except for archival purposes. Users may not modify the site, or any portion of it, except with the express written consent of Moomie. This license does not include any rights to resell or commercially use this site or its contents (including any profiles of other users) or to make any commercial use of a derivative use of this site or its contents. If users repurpose any content not the copyright property of Moomie, LLC for any purpose, it is done so at users' own risk and subject to the rights of any owner of such content. The site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Moomie, LLC. Any unauthorized use terminates the permission or license granted by Moomie, LLC.

Disclaimer of Warranties and Limitation of Liability.

THIS SITE IS PROVIDED BY MOOMIE, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOOMIE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CATALOGS, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. USERS EXPRESSLY AGREE THAT USERS USE OF THIS SITE IS AT THEIR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOOMIE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOOMIE, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOOMIE, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT IT IS RELIABLE OR THAT USERS PROFILES AND LISTS WILL BE AVAILABLE OR IN THE SAME FORMAT, ORGANIZATION OR DESIGN. MOOMIE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY OF MOOMIE'S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERS, AND USERS MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity: Users agree to indemnify and hold Moomie, LLC and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the users alleged breach and actual breach of this Agreement or the documents it incorporates by reference, or users violation of any law or the rights of a third party giving rise to an action against Moomie, LLC.

Third Party Links: Moomie is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. These links and access to third-party sites and services to users are only as a convenience, and the inclusion of any link or access does not imply an endorsement by Moomie of the third-party site or service.

Copyright: All content included on the site, such as text, graphics, logos, data compilations, and software, created by Moomie, LLC is the property of Moomie, LLC and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Moomie, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Moomie, LLC or its software suppliers and protected by United States and international copyright laws.

Applicable Law: Users agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between users and Moomie, LLC.

Severability: If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Resolution of Disputes: Any dispute relating in any way to the use of Moomie's services will be submitted to confidential arbitration in Los Angeles, California, except that, to the extent that a user in any manner violated or threatened to violate Moomie, LLC's intellectual property rights, it may seek injunctive or other appropriate relief in any state or federal court in the state of California. Users consent to exclusive jurisdiction of and venue in the state and federal courts sitting in Los Angeles County California. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.



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