Digital Pool Pass Terms Of Use

Acceptance of the Terms

These terms and conditions (together with any documents, policies or agreements reference herein) (the "Terms") are a legal contract between you and MokoApp, LLC ("MOKO"). These Terms apply to your use of the MOKO Digital Pool Pass, as well as all associated sites linked to the Digital Pool Pass by MOKO, its subsidiaries and affiliated companies, including without limitation all included content, functionality and service offerings included therein (collectively, the "Application"). Please read the Terms carefully before downloading or using the Application. By downloading or using the Application, you accept and agree to abide by these Terms and our Privacy Policy ("Privacy Policy"), found on the Settings page of the Application which are incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not download or use the Application.

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. We will post notice of any modifications to the Terms on this page. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. Your continued use of the Application following the posting of revised Terms means that you accept and agree to the changes. If you do not agree with any of the updated Terms, you must stop using the Application.

Changes to the Application

MOKO reserves the right to withdraw or amend any service or functionality we provide on the Application in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Application, to users, including registered users.

Intellectual Property Rights

You are permitted to use the Application only for legitimate purposes as an authorized user of the Application. You may not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Application without MOKO's prior written consent.

No right, title or interest in or to the Application or any content therein is transferred to you, and all rights not expressly granted in these Terms are reserved by MOKO. Any use of the Application not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The MOKO name and logo and all related names, logos, product and service names, designs and slogans are trademarks of MOKO or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Terms.

You agree not to access or use the Application:

In any way that violates any applicable law or regulation.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate MOKO or a MOKO employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm MOKO or users of the Application or expose any of them to liability.
• In any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.
• Via any robot, spider or other automatic device, process or means.

You further agree not to:

• Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without MOKO's prior written consent.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or harmful.
• Gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Application.

Submissions

The Application may contain message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "Submissions") on or through the Application.

All Submissions must comply with the Content Standards set out below in these Terms.

• Any Submissions you post to the site will be considered non-confidential and non-proprietary, and you hereby grant to MOKO a perpetual, worldwide, irrevocable license to use, copy, make derivatives of, distribute and disclose to third parties any Submissions for any purpose.
• You represent and warrant that you own or control all rights in and to the Submissions and have the right to grant MOKO and its affiliates the license granted above.
• You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify and hold MOKO and its affiliates and licensors harmless for any breach of that representation and warranty.
• You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and that you, and not MOKO, have fully responsibility for your Submissions, including their legality, reliability, accuracy and appropriateness.
• Any content and/or opinions uploaded, expressed or submitted to the Application, and all articles and responses to questions and other content, other than the Content, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of MOKO. MOKO is not responsible or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Application. If you submit feedback or suggestions about the Application or our services, we may use your feedback and suggestions for any purpose without obligation to you.

Monitoring and Enforcement; Termination

MOKO has the right but not the obligation to:

• Remove or refuse to post any Submissions for any reason in our sole discretion.
• Disclose your identity to any third party who claims that any Submissions posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
• Terminate your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms.
• Without limiting the foregoing, MOKO has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD MOKO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOKO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOKO OR LAW ENFORCEMENT AUTHORITIES.

MOKO can neither review all material before it is posted on the Application nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties.

Content Standards

These content standards apply to any and all Submissions and Interactive Services. Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found on the Settings page of the Application
• Be fraudulent, deceptive or misleading.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
• Give the impression that any materials emanate from MOKO.

Intellectual Property Infringement

MOKO respects the intellectual property rights of others, and we ask you to do the same.

MOKO may, in appropriate circumstances and at our discretion, terminate service and/or access to the Application for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide MOKO's designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit MOKO to locate the material.
• Information reasonably sufficient to permit MOKO to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MOKO will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials (or access thereto) from the Application by submitting written notification (a "DCMA Notice") to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and the requirements set forth above. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Our designated Copyright Agent to receive DMCA Notices is:

MokoApp, LLC Attn: Legal Department, Copyright Agent 21933 Windy Oaks Square, Broadlands, VA 20148 Copy to [email protected]

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA Notice that we have received. If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent (identified above) pursuant to the DMCA.

Your Counter-Notice must include all of the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which MOKO may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. It is the policy of MOKO to terminate the user accounts of repeat infringers.

Information About You and Your Visits to the Application

We collect and use information about you in accordance with our Privacy Policy. By using the Application, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Links from the Application

If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access, use or conduct any activities or transactions on or through any of the third party Applications linked to this Application, you do so entirely at your own risk and subject to the applicable terms and conditions of use, privacy policies and other terms for such Applications.

Geographic Considerations

The owner of the Application is based in the United States. The Application can be accessed from countries around the world. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Application from territories where the Application or any of its services or products is illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.

Disclaimer of Warranties

You understand that MOKO cannot and does not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.

YOUR USE OF THE APPLICATION AND ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION AND ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOKO NOR ANY PERSON ASSOCIATED WITH MOKO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER MOKO NOR ANYONE ASSOCIATED WITH MOKO REPRESENTS OR WARRANTS THAT THE APPLICATION OR ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES, CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MOKO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL MOKO, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT OR SUCH OTHER APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold MOKO, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Application, including, without limitation, any use of the Application's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Application.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction). Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Application shall be instituted exclusively in the federal or state courts located in Commonwealth of Virginia although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Electronic Communications

By using the Application and/or the Services provided on or through the Site, you consent to receiving electronic communications from MOKO. These electronic communications may include notices about transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. You may be able to opt out of some of these communications. These electronic communications are part of your relationship with MOKO. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Waiver and Severability

No waiver of these Terms by MOKO shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of MOKO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and MOKO with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Application should be directed to [email protected]

Thank you for visiting the Application.