Terms & Conditions

Last Updated: September, 01, 2024

DESCRIPTION OF SERVICE

Mootz, Inc. (“Mootz,” “we,” “us,” or “our”) provides a platform through its website and apps (the “Platform”) that enables a community of registered users (“users” or “you”) to engage in various activities. These include creating and sharing content, connecting with brands, participating in promotional campaigns, and monetizing their influence (“Services”). This list of Services is not exhaustive, and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Platform and Services.

ACCEPTANCE OF TERMS

BY USING THE SERVICES, YOU AGREE, ON BEHALF OF YOURSELF AND ANYONE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS. IF YOU OR THOSE YOU REPRESENT DO NOT AGREE WITH ANY PROVISION OF THESE TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, CEASE USING THE SERVICES, AND IF ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

MODIFICATION OF TERMS

Mootz reserves the right, at its sole discretion, to modify or replace these Terms at any time. If changes constitute a material alteration, Mootz will notify you by posting an announcement on the Platform. What constitutes a material change will be determined by Mootz at its discretion. You are responsible for reviewing and understanding any modifications. Continued use of the Services indicates your acceptance of the modified Terms. Mootz may also suspend, discontinue, or limit access to the Platform or Services at any time without prior notice.

REGISTRATION

To use Mootz, you must create an account, select a password, and provide accurate, complete, and current registration information, including a valid email address. This information is required to access certain features and for potential payment processing. Failure to maintain accurate information may result in account termination. Your personal information is governed by the Mootz Privacy Policy. You are responsible for maintaining the confidentiality of your password and all activities under your account. Users must be at least 18 years old, or at least 14 with parental consent.

The Services are intended for use by: (a) individuals who create and own their content; and (b) entities that represent content owners, such as galleries, agents, and distributors. Currently, Mootz does not accept video, illustration, or graphic design uploads. If you own the content but did not create it, you may not upload it for self-promotion purposes.

USER CONDUCT

All content, including comments and messages (“Content”), posted on Mootz is the sole responsibility of the user who submits it. You agree that you, not Mootz, are fully responsible for the Content you post. Mootz does not control user-submitted Content and does not guarantee its accuracy or quality. By using Mootz, you may encounter Content that is offensive or objectionable. You agree to adhere to our Content Guidelines and not to use the Services for unlawful purposes or to engage in harmful or abusive behavior.

Prohibited activities include but are not limited to:

  1. Harassing, threatening, or impersonating others.
  2. Posting defamatory, obscene, or infringing Content.
  3. Sending unsolicited messages or spam.
  4. Misusing the platform for illegal activities.
  5. Manipulating the platform’s features, like vote counts or contests.
  6. Advertising or soliciting without explicit consent.
  7. Using automated means to access the platform without permission.

If you suspect a violation of these Terms, please report it to Mootz at help@mootz.io. Mootz reserves the right to review and address disputes between users and may suspend or terminate accounts for violations of these Terms.

FAIR STORAGE POLICY

Mootz maintains a fair storage policy to ensure optimal service for all users. Storage limits may change over time, and users are responsible for complying with these updates. Excessive usage may result in notifications and potential restrictions.

LICENSING CONTENT

This section of the Terms pertains to the licensing and distribution of content on Mootz. Currently, Mootz does not offer licensing services through our platform. Brands and other users are not permitted to use content without a proper licensing agreement with the creator. However, brands may reshare content directly from the original creator’s account, provided they do so in accordance with the platform’s guidelines and the creator’s permissions.

CONTENT SUBMITTED TO MOOTZ

Please read this section carefully before posting, uploading, or submitting any content to Mootz. By submitting content, you agree that:

  1. Ownership and License: You retain ownership of your content but grant Mootz a non-exclusive, transferable, worldwide license to use, distribute, and display the content on our platform.
  2. Licensing Arrangements: Mootz does not currently offer direct licensing services. If a brand wishes to license your content, Mootz will facilitate and negotiate an independent licensing agreement between you and the brand. Brands may only reshare your content with proper attribution unless a separate licensing agreement is established.
  3. Content Responsibility: You are responsible for ensuring that your content does not infringe on any rights, is not offensive, and complies with all applicable laws.
  4. Content Modifications: Mootz reserves the right to modify or remove content that violates our policies or for any other reason.
  5. Rights Assurance: You warrant that you have the right to submit the content and that it does not violate any third-party rights.
  6. No Liability for Infringement: While Mootz takes reasonable steps to protect your rights, we are not obligated to pursue legal action against infringers.

You acknowledge that you cannot terminate the permissions granted to Mootz and waive any right to seek injunctive or other equitable relief against us.

CONTENT DESIGNATED FOR LICENSING

  1. Licensing Facilitation: If your content is requested for licensing, Mootz may facilitate licensing agreements between you and interested brands. Mootz reserves the right to set and update content submission guidelines, which you must follow.
  2. Release Forms: If your content includes recognizable people or property, you may need to submit model or property releases. These releases should comply with Mootz’s standards and may be shared with third parties if legally required.
  3. Content Removal: You may request the removal of your content from licensing within 180 days, and Mootz will make reasonable efforts to comply. However, any licenses granted before the removal request will remain valid.
  4. Marketability and Compliance: Mootz may remove content if it does not meet submission guidelines or for any other reason at its discretion. Mootz recommends but does not require, registering your content with the relevant copyright office.

GRANT OF RIGHTS

  1. License Grant: Subject to these Terms, you grant Mootz a non-exclusive license to market, distribute, and display your content worldwide, including reproducing or modifying it for lawful purposes across various media. Mootz may facilitate and negotiate licensing with brands on your behalf.
  2. Exclusive Content: If you submit content exclusively, you agree not to license it to others. Such content can be used for personal, non-commercial purposes, but licensing requests must be referred to Mootz.
  3. Promotion: You allow Mootz to use your name and content for promotional purposes without additional compensation.
  4. Legal Actions: If your content is exclusive, you grant Mootz the right to decide whether to pursue legal action related to your content, at their discretion and expense.

COPYRIGHT COMPLAINTS

Notification of Alleged Copyright Infringement

Mootz respects copyright laws and will respond to allegations of copyright infringement in accordance with applicable laws. If you believe your copyrighted work has been used on Mootz without authorization, please notify us with the following information:

  1. Your contact details.
  2. A description of the copyrighted work.
  3. The location on Mootz where the infringing material is found.
  4. A statement of your good faith belief that the use is not authorized.
  5. A statement under penalty of perjury that your notice is accurate.
  6. Your electronic or physical signature.

Please send this information to help@mootz.io.

If we remove or disable access to content, we will attempt to notify the user who posted it. If you believe your content was wrongly removed, you may submit a counter-notification. Be aware that misrepresentation in your notice or counter-notice may result in legal consequences.

Filing a Counter-Notice to Restore Content Removed from Mootz

If you believe your content was removed by mistake or misidentification, you can submit a counter-notification to Mootz containing the following information:

  1. Your contact details.
  2. A description of the removed content and its previous location on Mootz.
  3. A statement under penalty of perjury that you believe the removal was a mistake or misidentification.
  4. Consent to the jurisdiction of the relevant courts.
  5. Your electronic or physical signature.

If you have questions about this process, we recommend consulting with an attorney.

LINKS

The Services may include links to third-party sites or resources. Since Mootz has no control over these external sites, you acknowledge that Mootz is not responsible for their availability, content, or any products and services they offer. Mootz does not endorse these sites and is not liable for any damage or loss resulting from your use of or reliance on content, goods, or services provided by these external resources.

RELEASE AND INDEMNITY

You hereby release and forever discharge Mootz, its affiliates, and their respective directors, officers, employees, agents, and successors from any claims or liabilities arising out of your use of the platform and services. You agree to indemnify and hold harmless Mootz and its affiliates from any claims, damages, or costs, including legal fees, resulting from (i) your breach of these Terms, (ii) your content, (iii) your use of the services, or (iv) any infringement of third-party rights. Mootz reserves the right to assume the exclusive defense of any matter subject to indemnification.

TRADEMARKS

Mootz, Mootz.io, and other Mootz graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Mootz. These trademarks and trade dress may not be used in connection with any product or service without prior written consent from Mootz.

TERMINATION

Mootz may terminate or suspend your account and access to services at any time, without notice or liability, if you breach these Terms or for any other reason. Upon termination, your right to use the services will end immediately. To terminate your account, you must submit a written request, which will result in the removal of your content. All provisions that should survive termination, such as ownership rights and warranties, will remain in effect. Mootz will remove your content from the platform within 180 days and continue to make payments due after termination. However, digital copies may be retained for archival purposes. It is your responsibility to retain copies of your content, as Mootz will delete them prior to termination.

WARRANTY DISCLAIMER

Your use of Mootz and its services is at your own risk. The platform and services are provided on an “as is, as available” basis. Mootz expressly disclaims all warranties, including but not limited to warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Mootz is not responsible for any loss, injury, claim, or damage resulting from (a) errors or omissions, (b) third-party communications, (c) linked third-party content, (d) service availability, (e) your use of the platform, or (f) your use of any associated equipment or software.

LIMITATION OF LIABILITY

Except as required by law, neither Mootz nor its affiliates, directors, employees, or agents shall be liable for any loss or damage arising from your use of the platform or services. Mootz will not be liable for any indirect, incidental, or consequential damages. In any event, Mootz’s liability is limited to (a) $100 if unrelated to content licensing, or (b) the total fees collected by Mootz for the content at issue. All disputes will be resolved individually, with no class or collective actions permitted.

GENERAL PROVISIONS

  1. Controlling Law: These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  2. Disputes and Arbitration: Any disputes arising from these Terms will be resolved through binding arbitration in either Toronto, Canada, or another agreed-upon jurisdiction. Arbitration will be conducted in English, and the arbitrator will not have the authority to modify these Terms or award punitive damages.
  3. Confidentiality Obligation: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the relationship. This includes information on marketing plans, financial results, product development, and any other non-public information deemed confidential by the disclosing party.
  4. Assignment: These Terms bind and benefit the parties’ successors and assigns. Mootz may assign its rights and obligations under these Terms, particularly in cases of corporate restructuring. You may only assign your obligations with Mootz’s prior written consent, though your right to receive payment may be assigned without consent.
  5. Relationship of the Parties: These Terms do not create an employer-employee, principal-agent, partnership, or joint venture relationship between the parties. You are responsible for obtaining necessary business licenses, insurance, and paying all applicable taxes.
  6. Notices: Notices under these Terms may be served by email or mail, with email being the primary form of communication. You are responsible for keeping your contact information up to date.
  7. Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in effect, and the invalid provision will be modified to achieve its intended purpose.
  8. Entire Agreement: These Terms represent the entire agreement between the parties regarding the subject matter and supersede all prior communications. No action by Mootz, other than a written waiver or amendment, will alter these Terms.

Personal Information: Please refer to Mootz’s Privacy Policy for details on how we store, use, and process personal information.