INTRODUCTION
Thanks for having a look at our Terms of Service! For us transparency is very important, so our full Terms of Service are set out below, but to make it easier for you here is a short overview of the most important points:
• To access the language courses on MochiMochi you must register for an account.
• We are committed to the protection of your privacy – your email address will not be used by third parties.
• We hate spam as much as you do. If you want, you can turn off any notifications, emails and newsletters from MochiMochi at any time.
We hope you enjoy our services and that you improve your language skills with MochiMochi!
TERMS OF SERVICE
MochiMochi are language learning applications.
1. ACCEPTANCE OF TERMS
1. MochiMochi provides its service (the “Service”) to you, subject to the following Terms of Service.
2. By accessing or using the Site, you (“you”) confirm that you agree to be bound by these Terms of Service. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.
3. These Terms of Service may be updated from time to time by MochiMochi. All changes will be posted on the Site. You can review the most current version of the Terms of Service at any time here: Your continued use of the Service or the Site after any such changes have been made constitutes your acceptance of the new Terms of Service.
4. If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.
2. DESCRIPTION OF SERVICE
1. The Service is web-based and allows users that register for an account on the Service (each a “User”) to create and update an online profile on the Site (“Profile”). Each User that has registered with the Service receives his or her own Profile on which to post “User Content” (as defined in clause 6 below).
2. Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
3. REGISTRATION
1. In order to use most features of the Service, you must have a valid MochiMochi account. In order to obtain a MochiMochi account, you must register with MochiMochi by providing your username, a valid email address and other information (“Registration Data”) as required by the registration process on the Site. As part of that registration process, you will choose a password and a username for your Profile.
2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:
2.1. use your account individually and not share it with others; and
2.2. immediately notify MochiMochi in writing of any unauthorised use of your password or account or any other breach of security.
3. You agree to:
3.1. provide true, accurate, up-to-date and complete information about yourself as prompted by the Service’s registration form; and
3.2. maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.
3.3. You can modify data that you have entered into the Service at any time by accessing your account and going to “Settings”.
3.4. MochiMochi cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 4.
4. PRIVACY POLICY
Registration Data and certain other information about you are subject to our terms of which are incorporated into these Terms of Service by reference. Determining which personal data may be shared on your Profile is at your discretion and is your responsibility. By signing up to the Service you accept the terms of these Terms of Service, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
MochiMochi will only collect the data as below:
- Personal info: Name and Email address to create accounts for users
- Device or other IDs that help identify the user's account
MochiMochi will use the data only for the purposes of app functionality and account management.
User can choose to delete your MochiMochi account permanently by clicking "Delete account" in Settings screen.
When deleting the account, user will lose all the data, including course progess and learning content saved in this account without any possibility to recover them. Deleting a premium account does not result in any refunds. User has 7 days to cancel deletion request, by logging in to the account on any MochiMochi platforms.
5. USER CONTENT AND BEHAVIOUR ON THE SERVICE
1. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted uploaded, emailed or transmitted via the Service by Users (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. MochiMochi accepts no responsibility at all for any User Content that any User uploads, posts, emails, transmits or otherwise makes available via the Service. MochiMochi does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
2. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will MochiMochi be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service.
3. You acknowledge that MochiMochi does not monitor User Content, but that MochiMochi shall have the right (but not the obligation) in its sole discretion to refuse, move or delete any User Content that is available via the Service that breaches the Terms of Service or is otherwise (in MochiMochi’s sole discretion) objectionable.
4. MochiMochi does not claim ownership of the User Content. By submitting User Content to the Service, you grant MochiMochi a worldwide, royalty-free, and non-exclusive licence to reproduce, modify and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing and promoting your Profile within the Service at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in respect of User Content which provides comments on the Service (whether in your Profile or not), for the purpose of marketing the Service to third parties. If you don’t want MochiMochi to display your User Content anymore, you can delete your account at any time and your information won’t be visible to other users. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). You also acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile.
In addition, MochiMochi hereby grants you a personal, non-exclusive, non-sublicensable worldwide licence to access and view User Content of other Users within the scope of your normal use of the Service whilst you have an active account.
5. You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree not to use the Service to:
5.1. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
5.2. harm minors in any way;
5.3. impersonate any person or entity, including, but not limited to, a MochiMochi official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
5.4. use the Service as a forwarding service to another website;
5.5. forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
5.6. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships);
5.7. upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights (as defined in clause 11.1) or confidentiality rights of any party;
5.8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
5.9. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.10. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
5.11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
5.12. “stalk” or otherwise harass any other Users;
5.13. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
5.14. promote other sites or services which are not related with the Service offered by MochiMochi.
6. You acknowledge and agree that MochiMochi may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service or the Paid Services Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MochiMochi, its Users and the public.
6. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES
1. The Site may contain third-party owned content and links to other websites (“Linked Sites”). MochiMochi does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of MochiMochi, and MochiMochi is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. MochiMochi may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by MochiMochi in favour of any third party. You further acknowledge and agree that MochiMochi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.
2. MochiMochi respects the Intellectual Property Rights of others, and we ask our Users to do the same. MochiMochi has no responsibility for content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those websites, and not the Terms of Service of MochiMochi, govern your use of that material.
7. ADVERTISERS
1. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MochiMochi 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 presence of such advertisers on the Service.
2. You understand and agree that the Service may include advertisements and that these advertisements are necessary for MochiMochi to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that MochiMochi has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by MochiMochi on your Profile are subject to change at any time at MochiMochi’s discretion.
8. TERMINATION
1. You agree that MochiMochi may terminate your account if (i) MochiMochi has reason to believe that you have breached or acted inconsistently with the Terms of Service. Following such a termination, MochiMochi may remove and discard any of your User Content within the Service (including, but not limited to your Profile), and may also terminate any contracts, verbal or written or assumed, in conjunction with your deleted Profile.
2. MochiMochi reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that MochiMochi shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent set out in the Paid Services Terms in respect of Paid Services).
9. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of MochiMochi.
10. INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service (“Software”), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content (“Content”) belong to MochiMochi and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
2. You agree:
1. not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by MochiMochi for use in accessing the Service; or
2. except as expressly authorised by MochiMochi or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
11. INDEMNITY
You agree to indemnify and hold MochiMochi, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MochiMochi may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that MochiMochi has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that MochiMochi reserves the right to delete accounts that are inactive for a period of more than 12 months.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. You understand and agree that the Site, the Service and the Content are provided “AS IS” and that you use the Site, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, MochiMochi expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, MochiMochi does not assume any responsibility for any improvement of your language learning; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any user communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, MochiMochi does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 14.3 below.
2. You expressly agree that MochiMochi shall not be liable for any:
1. loss of profit;
2. loss of goodwill;
3. loss of use;
4. loss of opportunity;
5. loss of data;
6. loss of anticipated savings;
(in each case whether direct or indirect), nor
7. for any indirect, incidental, special, consequential or exemplary damages (even if MochiMochi has been advised of the possibility of such damages),
resulting from any matter relating to the Site, the Service or the Content.
3. However, MochiMochi does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which MochiMochi is not permitted to restrict or exclude as a matter of applicable law.
4. In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the Site or the Service, you release MochiMochi from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
14. GENERAL INFORMATION
1. Applicable legislation and jurisdiction. The Terms of Service and the relationship between you and MochiMochi shall be governed by the laws of International without regard to any conflict of law provisions of any jurisdiction.
2. Third party rights. No person other than you shall have any rights under these Terms of Service in relation to your access and/or use of the Site, the Service and/or the Content other than you and MochiMochi, provided that MochiMochi’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.
3. Waiver and severability of terms. The failure of MochiMochi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
4. Entire agreement. You agree that these Terms of Service represent the entire understanding between you and MochiMochi in respect of your relationship with MochiMochi as a User (except in respect of Paid Services, which are governed by the Paid Services Terms in addition to these Terms of Service). These Terms of Service supersede any previous agreements between you and MochiMochi including any previous version of these Terms of Service.
PRIVACY AND POLICY