Thank you for using Mookie App!
These Terms of Service are effective as of May 3, 2014.
Mookie App’s products and services are brought to you by Fort Mobile USA, Llc., registered in Colorado (“We”/ “Mookie App”). These Terms of Service (“Terms”) govern your access to and use of the Mookie App website, products, apps, and services (“Products”). Please read these Terms carefully and contact us if you have questions: email@example.com. By accessing or using the Products, you agree to be bound by these Terms and all referenced policies (“Policies”).
a. Use of Mookie App Products. Mookie App allows you to post content, including photos, videos, comments, and other materials. Anything that you post or otherwise make available using the Products is referred to as “User Content.”
b. Who May Use Mookie App Products. You may use the Products if you are legally of an age to enter into a binding contract; however, no one under the age of thirteen (13) may use the Products or provide any information to Mookie App (such as, but not limited to, name, address, telephone number, or email address). If you open an account on behalf of a company, organization, or other entity, then you (i) represent and warrant that you are authorized to grant all permissions and licenses requested in these Terms, (ii) are authorized to agree to these Terms on behalf of that entity, and (iii) have authorization to bind that entity to these Terms. References to “you” in these Terms include you and the entity you represent.
c. Our License to You. Subject to these Terms and the Policies, Mookie App grants you a limited, non-exclusive, personal, non-transferable, and revocable license to use the Products.
d. Mookie App Content. From time to time we may develop, create and distribute content for use in conjunction with the Products (“Mookie App Content”). You may view and share Mookie App Content as part of your use of the Products; however, Mookie App retains all ownership in and to Mookie App Content.
a. Ownership. You retain all rights in, and are solely responsible for, the User Content you post using the Products. The Content will be owned by you or a third party from whom you got permission to post the content.
You, the Mookie App user, and not Mookie App, will be fully responsible for all User Content that is uploaded, posted, transmitted or otherwise made available by the user on his or her Mookie App account. Mookie App cannot guarantee the accuracy, integrity or quality of such Content. Mookie App does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable.
Mookie App also cannot take responsibility for anything that your friends and visitors may post in comment to the content you post on Mookie App.
b. Acceptable Use Policy. All User Content is subject to Mookie App’s Acceptable Use Policy without exception.
c. License of User Content. You grant Mookie App and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, perform, and distribute your User Content solely for the purposes of operating, developing, providing, promoting, and using the Products. Further, you grant Mookie App a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to create derivative works of your User Content for use within the Mookie App site to promote your work within Mookie App, or in direct promotion of the Mookie App site; provided, however that Mookie App agrees not to use your User Content for any purpose other than as it relates directly to Mookie App, imply an endorsement by you of the Mookie App site, or misappropriate any rights you may have to such User Content.
d. Removal of User Content. We reserve the right to remove or modify User Content for any reason, without notice, including User Content that we believe violates these Terms or our Policies.
e. How Long User Content is Kept. Following termination or deactivation of your account or if you remove any User Content from the Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Mookie App and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through use of the Products.
f. Use of Products. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
g. Feedback. We want to hear from our users and learn ways we can make Mookie App, our Products, and your experience with Mookie App even better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your feedback, Mookie App does not waive any rights to use similar or related feedback previously known to us, developed by us or on our behalf, or obtained from sources other than you.
The content our registered users post on their pages is not and should not be viewed as an endorsement. Mookie App respects the rights of third-party creators and content owners and expects all Mookie App users to do the same. Therefore, you agree not to post any User Content that violates any laws or infringes the rights of any third party.
Copyright and trademark owners can report alleged violations by sending an email to firstname.lastname@example.org
We will keep your passwords and personal contact information private and secure using the most modern and up to date web storage and security systems. We will never sell or share your personal contact information.
We cannot guarantee that unauthorized third parties will be unsuccessful at defeating our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Mookie App. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Mookie App site, you do so at your own risk and you agree that Mookie App will have no liability arising from your use of or access to any third-party website, service or content.
In addition, Mookie App has a policy of inclusion and does not play favorites between rescues or breeders or other places from whom people may adopt their dogs. Mookie App is not responsible for vetting breeders or rescues that other users post on the Mookie App website.
Mookie App reserves the right to terminate or suspend the license granted in these Terms, with or without cause or notice to you. Mookie App reserves the right to delete entire accounts without prior notification to you, for any violation of these Terms or other reasons we determine.
If you use our Products for commercial purposes in violation of Section 1(d), in our sole and absolute discretion, you agree to indemnify and hold harmless Mookie App, its officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including without limitation reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
Products and all content delivered by Mookie App are provided “as is” without warranty of any kind, whether express or implied.
MOOKIE APP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Mookie App takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOOKIE APP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL MOOKIE APP’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If at any unfortunate point, you have a dispute with Mookie App:
You will contact us via this site (email@example.com), outlining your problem and allowing us reasonable time to respond. If you remain unsatisfied, you will send us a letter by mail to 7917 W Layton Way, Littleton, CO 80123. If after two weeks you haven’t found a satisfactory resolution, you will submit to binding arbitration to be conducted by a member of the American Arbitration Association in Colorado, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
a. Governing law. These Terms will be governed by the laws of the State of Colorado without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Denver, Colorado or the United States District Court for Colorado for any actions not subject to Section 10, Arbitration.
b. Notification. Mookie App may revise these Terms from time to time without notice. The most current version will always be posted to our website. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
c. Assignment. These Terms and the rights and licenses granted herein are personal to you and may not be transferred or assigned, but may be assigned by Mookie App without restrictions. Any attempted transfer or assignment in violation hereof will be null and void.
d. Entire Agreement. These Terms, together with the Policies and any amendments and any additional agreements into which you may enter with Mookie App in connection with the Products, will constitute the entire agreement between you and Mookie App concerning the Products.
e. Severability and No Waiver. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term and Mookie App’s failure to asset any right or provision under these Terms will not constitute a waiver of such right or provision.
f. U.S. Government Agencies. If you are a United States federal government agency, your use of Mookie App is subject to our Supplemental Business Terms of Service.
Mookie App is a platform to discover and share things you love about dogs. Mookie App allows you to post content, including photos, videos, comments, and other materials. You agree to use the Products only in a manner consistent with this Acceptable Use Policy.
You agree not to post User Content that:
You agree not to engage in any of the following prohibited activities:
Mookie App reserves the right, but is not obligated, to remove any User Content for any reason or no reason, including User Content that Mookie App believes violates this Acceptable User Policy or its Terms of Service or other related Policies.
Mookie App may also permanently or temporarily terminate or suspend your account without notice and liability for any reason or no reason, including if Mookie App in its sole discretion determines that you have violated any provision of this Acceptable Use Policy or our Terms of Service.
Mookie's Doggosphere is a beautiful and simple dog diary.
Snap and share your dog's memorable moments, meet new dog people and check out new places.