1. Configuration. The Product and the App work together, and the Product may be configured via the App. When you configure your Product, you will be able to assign a name to the Product.
2. Accurate Information. You agree that the information you provide to MOCREO at all times will be true, accurate, current, and complete. To use the Services, you may be asked to enter a user ID or password that has been provided to you. You are solely responsible for maintaining the confidentiality of your Product portal, user ID, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your device or with your Product. MOCREO currently makes the Services available over the Internet. You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible web browser), and services for you to effectively access the Services. You are responsible for upgrading and configuring your internal systems (e.g., network settings, Internet routing, firewalls, and web browsers) to be and remain compatible with and optimize the performance of the Services.
3. Prohibited Conduct. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU WILL NOT: (a) stream or otherwise make available copyrighted material that is not your own or that you do not have the legal right to distribute, display and otherwise make available to others; (b) harass, threaten, or defraud other Services users; (c) stream or otherwise make available content that is threatening, embarrassing, hateful, racially or ethnically insulting, defamatory, pornographic, violates the intellectual property rights, privacy rights or other legal rights of third parties or is otherwise inappropriate; (d) impersonate another person or access another user’s PIN or Product without that person’s permission; (e) share passwords issued by MOCREO or PINs with any third party or encourage any other user to do so (except when providing PINs to third parties you authorize to access your Streaming Content (as defined below); (f) misrepresent the source, identity, or content of information transmitted in connection with your use of the Services; (g) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (h) upload material that is damaging to computer systems or data of MOCREO or other users of the Services (e.g., a virus, Trojan horse, or other malicious code); or (i) use the Services to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services may contain systems designed to restrict or regulate access to the Services. You agree that you will not bypass any measures we may use to prevent or restrict access to the Services.
4. Streaming Content. For users of the Product, the Services provide certain features which may enable you to share video, by streaming such video live over the Internet (“Streaming Content”). You understand that all Streaming Content is the sole responsibility of the person from whom such Content originated. This means that you, and not MOCREO, are entirely responsible for all content that you stream or otherwise make available through the Internet. You acknowledge that MOCREO does not pre-screen, monitor, or approve Streaming Content and that MOCREO makes no representations and has no liability with respect to the content or availability of any Streaming Content. Although MOCREO has no obligation to do so, MOCREO reserves the right, in its sole discretion, to block or remove Streaming Content and refuse access to any Streaming Content through the Services if, for example, it deems such content to be in violation of these terms.
5. No Endorsement. You understand that MOCREO does not endorse and is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to such Streaming Content. You further understand and acknowledge that you may be exposed to Streaming Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MOCREO WITH RESPECT THERETO.
6. Location-Based Services. The Services may provide features that enable MOCREO to tailor your experience based on your location (“Location-based Services”). For example, MOCREO may utilize your device’s Internet Protocol (“IP”) address to ensure that content is delivered to you or bandwidth information to improve the speed and quality of your Streaming Content. In order to use Location-based Services, you must allow MOCREO access to your localized position, which MOCREO may access through a variety of means, including, if available, GPS, IP address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable Location-based Services, you will not be able to utilize certain features of the Services. By authorizing MOCREO to access your location, you agree and acknowledge that: (i) MOCREO may collect device data from you in connection with the Services and your use of the App, and (ii) MOCREO may provide Location-based Services related to your then-current location for the duration of your session. You acknowledge and agree that MOCREO does not guarantee the accuracy of any location information, and your use of any Location-based Services is at your sole risk.
7. No Guarantee of Services. MOCREO cannot guarantee that the Services will always function without disruptions, delays, or errors. A number of factors may impact the quality of your communications and use of the Services and may result in the failure of your communications, including but not limited to your local network, firewall, your Internet service provider, the public Internet, the public switched telephone network, and your power supply. MOCREO takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
8. Your Indemnity. You agree to indemnify, defend, and hold MOCREO, its affiliates, contractors, employees, agents, and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the Apps or Services, your communications, transactions, or dealings with third parties initiated through the Services, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in the Terms. MOCREO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MOCREO, and you agree to cooperate with our defense of these claims. MOCREO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
9. Fees. For any Services for which MOCREO charges a fee, you agree that MOCREO may charge to your credit card or another payment mechanism selected by you and approved by MOCREO (your “Account”) all amounts due and owing for the Services, including service fees, setup fees, subscription fees, or any other fee or charge associated with your Account. MOCREO may change prices at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge. However, MOCREO will provide you with prior notice and an opportunity to terminate your Account if MOCREO changes the price of Services to which you are subscribed and will not charge you for previously free Services unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event MOCREO is unable to collect the fees owed to MOCREO for the Services through your Account, MOCREO may take any other steps it deems necessary to collect such fees from you, and you will be responsible for all costs and expenses incurred by MOCREO in connection with such collection activity, including collection fees, court costs, and attorneys’ fees. You further agree that MOCREO may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You understand and acknowledge that third-party fees may apply to your use of the Services, including, without limitation, fees charged by your mobile service provider or Internet provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.