Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Mopeds website and services (the “Services”), and any information submitted to and appearing on the Services (collectively referred to as “Content”). By accessing and using the Services, you must accept and comply with these Terms.

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit to Moped will only be visible to those who you choose. However, you realize that anyone can take the Content you submit and transfer it to other users. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Moped and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Moped provides are always evolving and the form and nature of the Services that Moped provides may change from time to time without prior notice to you. In addition, Moped may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Any information that you provide to Moped is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Moped. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Moped account, which you may not be able to opt-out from receiving.

All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Moped be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (known now or later developed).

This license is you authorizing us to make your Content available to you. However, your content is your content, and you own it.

Such additional uses by Moped, or other companies, organizations or individuals who partner with Moped, may be made with no compensation paid to you with respect to the Content that you make available through the Services.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You understand that your Content may be rebroadcasted by other users. Moped will not be responsible or liable for any use of your Content by Moped in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Moped gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Moped as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Moped, in the manner permitted by these Terms.

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Moped and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Moped name or any of the Moped trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Moped, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request; enforce the Terms, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests, or; protect the rights, property or safety of Moped, its users and the public.

You may not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Moped’s computer systems, or the technical delivery systems of Moped’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Moped (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Moped; forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services or its users.

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Moped AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Moped will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Moped has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Moped or through the Services, will create any warranty not expressly made in these Terms.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we probably have nothing to do with websites or files associated with any links, and are in no way responsible or liable for anything that happens as a result of clicking such links in our Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOPED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; ANY CONTENT OBTAINED FROM THE SERVICES; AND UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MOPED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

The failure of Moped to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your place of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

These Terms and our Privacy Policy are the entire and exclusive agreement between Moped and you regarding the Services (excluding any services for which you have a separate agreement with Moped that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Moped and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be on our website, http://moped.com. If the revision, in our sole discretion, is material we will notify you via Moped or e-mail. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the new Terms.

Last updated February 1, 2012