Mozie User Agreement

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Welcome to partyOh! Through its website currently located at www.partyOh.com (the "Website"), Mozie, Inc. ("MI" or "we") makes available to users ("User" or "you") a searchable audio and visual directory of entertainers and vendors for parties and special events ("Services"). The Services are intended only for individuals who are at least 18 years old. This User Agreement ("Agreement") provides the terms and conditions governing your use of the Website and Services. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE AND THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE AND SERVICES. YOUR CLICKING ON THE BUTTON MARKED " AGREE" AND/OR YOUR CONTINUED USE OF THE WEBSITE AND THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT. BY CLICKING ON THE BUTTON MARKED "I AGREE", YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OLD. MI may revise this Agreement at any time by updating this posting. If you continue to access this Website at any time after such a change in the Agreement is posted on this Website, then you are deemed to have accepted and agreed to all of the terms and conditions contained in the changed Agreement.
1. Use of the Services. MI reserves the right in its sole discretion to change any information or content appearing on the Website. MI may modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof), without notice to you. MI will not be liable to you or to any third party for any modification or discontinuance of the Website or the Services. User agrees that MI will not be liable to User or to any third party for any refusal or termination of your access to the Website or Services. User’s right to use the Website and Services is subject to any limits established by MI or by applicable laws.
2. Privacy Policy. MI will not collect any personally identifiable information about you unless you choose to share this information with MI. For more information, please review MI’s privacy policy currently located at www.partyOh.com/privacypolicy.htm.
3. MIís Proprietary Rights. You acknowledge and agree that the Website and the Services contain proprietary and confidential information that is protected by applicable laws, including intellectual property laws. As between you and MI, MI shall own all right, title and interest in and to the Website and the Services. The content, organization, compilation, information and other matters related to the Website and the Services are protected under applicable copyrights, trademarks and other proprietary and intellectual property rights, and the copying, modification, redistribution, use or publication by a User of any such content, the Services or any part of the Website is prohibited. MI and the MI logo and other MI product and service names are trademarks of Mozie, Inc. (the "MI Marks"). Without MI’s prior written permission, you agree not to display or use in any manner, the MI Marks.
4. Member Content. This Website may contain Content provided by registered vendors and suppliers (collectively, "Member Content"). You understand and expressly agree that MI assumes no responsibility or liability for Member Content. MI does not control Member Content and as such assumes no responsibility for the accuracy, integrity or quality of such Member Content. MI is not responsible for (i) errors or omissions in the Member Content, (ii) Member Content that is offensive, objectionable or defamatory, (iii) loss or damage of any kind incurred as a result of Member Content. Any opinion, advice, statement or other information or content expressed or made available by the Member Content are those of the Member and are not endorsed by MI, its parents, or subsidiaries, successors and assigns. Under no circumstances shall MI or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the Member Content available through the Website. You will bear responsibility for all risks associated with the use of any Member Content posted on the Website.
5. Dealings with Third Parties. The Website may provide links to other world wide web websites or resources. MI has no control over or responsibility for such websites and resources. You agree that MI is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. MI provides these links to you only as a convenience and inclusion of any link does not imply endorsement of the website. Your dealings with entities featured on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representa-tions associated with such dealings, are solely between you and such other entity. You agree that MI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of these entities on the Website. MI expressly disclaims any endorsement of any business, product or service of third parties, including Members, featured on the Website.
6. Indemnification. User agrees to indemnify, defend and hold MI and its affiliates, employees, officers, and suppliers harmless from and against any and all liabilities, damages, losses, claims and expenses, including reasonable attorney’s fees, related to a User’s use of the Website or Services, or violation of this User Agreement.
7. Disclaimer. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND MI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS. MI MAKES NO WARRANTY THAT (i) THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, (ii) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. MI IS NOT ACTING ON BEHALF OF ANY BUSINESS ON THE WEBSITE AND MI DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC BUSINESS, PRODUCT OR SERVICE ON THE WEBSITE AND DOES NOT PROVIDE ADVICE ON WHICH BUSINESS TO SELECT OR WHICH PRODUCTS OR SERVICES TO BUY. MI DOES NOT ASSUME RESPONSIBILITY FOR ENFORCING OR CHECKING LICENSING REQUIREMENTS AND QUALIFICATIONS OF BUSINESSES LISTED ON THE WEBSITE.
8. LIMITATION OF LIABILITY. YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL MI OR ANY RELATED OR AFFILIATED COMPANIES, SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, RELIANCE ON THE WEBSITE OR ASSOCIATED CONTENT AND SERVICES, OR OTHERWISE, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR CONTENT RECEIVED THROUGH THE WEBSITE, ADVERTISED ON THE WEBSITE, OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE. THIS WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
9.

Copyright Infringement. MI respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MI’s Copyright Agent the following information:

  • • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Website;
    • your address, telephone number, and email address; and
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

MI’s copyright agent for notice of claims of copyright infringement on this Website is Questive who can be reached as follows: By mail:


Mozie, Inc. c/o partyOh.com Copyright Agent: 5348 Vegas Dr. Las Vegas, NV 89108

10. Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full effect. This Agreement constitute the entire agreement between you and MI with respect to its subject matter, superceding any prior agreements between you and MI with respect to its subject matter. MI may assign its rights and delegate its duties under this Agreement, either in whole or in part at any time, in our sole discretion, and without your consent. You may not assign this Agreement or any of your rights or obligations under this Agreement without MI’s express written consent. This Agreement inures to the benefit of MI’s successors, assigns and licensees. The laws of the State of California, exclusive of the choice of law provisions, shall govern this Agreement. You agree that any legal action or proceeding relating to this Agreement between you and MI or its affiliates shall be brought exclusively in a federal or state court of competent jurisdiction located in Los Angeles County, California. Any cause of action or claim you may have with respect to this Agreement must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred.
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