Welcome, and thank you for your interest in My MOC, Inc. (“Mocingbird,” “we,” or “us”) and our website at https://www.mocingbird.com/, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Mocingbird regarding your use of the Service.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MOCINGBIRD’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MOCINGBIRD AND BY YOU, TO BE BOUND BY THESE TERMS.
Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MOCINGBIRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
Intellectual Property Policy.
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at:
My MOC, Inc.
ATTN: Legal Department
650 Ten Rod Rd,
North Kingstown, RI 02852
1 (833) MOC BIRD (662 2473)
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include substantially the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the right being infringed;
a description of the intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the intellectual property owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination, and Modification of the Service
Term. These Terms are effective beginning when you first accept the Terms or first access, or use the Service, and ending when terminated as described in Section 13.2.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Mocingbird may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected]
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Mocingbird any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2, 3, 4, 6.2, 6.3, 7, 8, 9, 10, 13.3, 14, 15, 16, 17, and 18 will survive.
Modification of the Service. Mocingbird reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. MOCINGBIRD will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
If you have any questions, comments, or concerns about our Terms of Service, please email us at [email protected] or write to us at My MOC, Inc., 650 Ten Rod Rd, North Kingstown, RI 02852.