Welcome to MOSHPIT. MOSHPIT provides its services to you, whether accessed through our website, our app or any other means (“MOSHPIT Services”) on the following terms and conditions. By accessing any of the MOSHPIT Services by visiting our site, you are accepting and agreeing to these terms and conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your access or use of the MOSHPIT Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you access the MOSHPIT Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on our site or by sending messages through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content accessed through the MOSHPIT Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MOSHPIT or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the MOSHPIT Services is the exclusive property of MOSHPIT and protected by U.S. and international copyright laws. All software used to provide or access the MOSHPIT Services is the property of MOSHPIT or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MOSHPIT trademarks and trade dress may not be used in connection with any product or service that is not MOSHPIT, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits MOSHPIT or in any other manner that violates MOSHPIT or its affiliate’s rights in its trademarks and trade dress. All trademarks not owned by MOSHPIT or its affiliates that appear when accessing the MOSHPIT Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MOSHPIT.
LICENSE AND SITE ACCESS
MOSHPIT grants you a limited license to access and make personal use of the MOSHPIT Services and not to download any content accessible through, or any software used to provide or access, the MOSHPIY Services (other than page caching) or modify it, or any portion of it, except with express written consent of MOSHPIT. This license does not include any resale or commercial use of the MOSHPIT Services or content accessible through the MOSHPIT Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the MOSHPIT Services or content accessible through the MOSHPIT Services; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No content accessible through the MOSHPIT Services, including music or images, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MOSHPIT. You may not frame or utilize framing techniques to enclose, or reproduce in any manner (including electronically) any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MOSHPIT without express written consent. You may not use any meta tags or any other “hidden text” utilizing MOSHPIT’s name or trademarks without the express written consent of MOSHPIT. Any unauthorized use or reproduction terminates the permission or license granted by MOSHPIT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MOSHPIT so long as the link does not portray MOSHPIT, its products, or services in a false, misleading, derogatory, or otherwise offensive matter or in a manner that is suggests MOSHPIT is affiliated with the company or person that operates or is displayed on the page on which the hyperlink is contained. You may not use any MOSHPIT logo or other proprietary graphic or trademark as part of the link without express written permission.
COPYRIGHT COMPLAINTS
MOSHPIT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us.
DESCRIPTIONS
MOSHPIT attempts to be as accurate as possible. However, MOSHPIT does not warrant that any descriptions or other content accessible through the MOSHPIT Services is accurate, complete, reliable, current or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MOSHPIT SERVICES ARE PROVIDED BY MOSHPIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOSHPIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE, APPLICATIONS OR OTHERWISE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ACCESSIBLE THROUGH THE MOSHPIT SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF MOSHPIT SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOSHPIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOSHPIT DOES NOT WARRANT THAT THE MOSHPIT SERVICES OR ANY MEANS USED TO ACCESS THE MOSHPIT SERVICES, OR ANY E-MAIL SENT FROM MOSHPIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOSHPIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By accessing or using the MOSHPIT Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MOSHPIT.
DISPUTES
Any dispute relating in any way to products you purchase through MOSHPIT or any use of the MOSHPIT Services shall be submitted to confidential arbitration in San Francisco, California and the arbitration process and proceedings will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. All other disputes involving MOSHPIT shall be resolved in the appropriate state or federal court in the State of California, including but not limited to and disputes involving violation or infringement of any parties’ intellectual property rights including but not limited to trademark, trade name or copyright interests.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy posted on our site. These policies also govern your use of the MOSHPIT Services. We reserve the right to make changes to the MOSHPIT Services, our site, our application, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.