Last revised: June 1, 2022
1.1.These Publisher Terms ofService and the Company’s Terms of Service found at https://www.mocaas.tv/publisher-terms/are incorporated by reference herein, are applicable to all for videoPublishers and/or Distributors (individually and collectively the “Publisher”)providing video streaming through the platform located at www.mocaas.tv andrelated domains, subdomains, and mobile and desktop applications as well as OTTTV applications (individually and collectively the “Services”). These Termsgovern the Publisher’s use of the Services, including but not limited to allfunctionalities, features, streaming capabilities, user interfaces, and allcontent and software associated with the Services as provided by Mocaas Corporation (the “Company”).
1.2.The following Terms ofService are for use of the Services on the Company’s white-label videodistribution platform (the “Services”) to market, distribute and sellthe Publisher’s video catalog.
1.3.Use of the Servicesindicates your authorization to use the Services and your acknowledgment andagreement to these Publisher Terms of Service and the Company’s Terms ofService. If you do not agree to be bound by and comply with all such terms andconditions you may not access or use the Services.
1.4.The Company shall have theright, at its sole discretion, to modify, add, or remove any terms orconditions of the Publisher Terms of Service and the Company’s Terms ofService. Any changes to the Publisher Terms of Service and the Company’s Termsof Service shall be effective immediately following the posting of suchchanges. You agree to review Publisher Terms of Service and the Company’s Termsof Service from time to time and agree that any subsequent use by you of the Platformand Services following any such changes shall constitute your acceptance of thechanges.
1.5.SERVICES ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLERISK. MOCAAS DOES ITS BEST TO FIX BUGS & UX ISSUES IN A TIMELY MANNER WHENREPORTED APPROPRIATELY TO OUR TECHNICAL SUPPORT TEAM. WE WILL NOT PROVIDEGUARANTEES OR TIMELINES ON BUG OR ISSUE FIXES. MOCAAS CANNOT BE HELD LIABLE FORPERCEIVED LOSS OF REVENUE DUE TO ANY BUGS OR ISSUES WITH THE PLATFORM;PUBLISHERS USE THIS PLATFORM ON AN AS-IS BASIS. THE COMPANY RESERVES THE RIGHTTO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART ATANY TIME AND IN ITS SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE ISIN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE. YOU HOLDTHE RIGHT TO CANCEL YOUR ACCOUNT AT ANYTIME IF YOU ARE NOT HAPPY WITH THESERVICE AS PER TERMS OUTLINED IN SECTION 1.7-1.9.
1.6.ALL FEES TO MOCAAS AREFINAL. ALL MONTHLY FEES / PLATFORM FEES AND DEVELOPMENT FEES TO MOCAAS AREFINAL, THEY ARE NOT REFUNDABLE.
1.7.If you are on amonth-to-month agreement with Mocaas, either party holds the right to cancelservice at any time with a 30-day notice period. Once the 30-day notice is given the accountis terminated and all data & access is removed from our servers at the endof this period.
1.8.If you are on years termagreement with Mocaas, either party holds the right to cancel the auto-renewalof the agreement with at least 30-days notice prior to the term renewal date(unless otherwise stipulated in another agreement or order form). If your agreement does not auto-renew andexpires at the end of its term, you will be automatically moved to amonth-to-month agreement.Years Term agreements are applicable forthe entirety of the term negotiated within the agreement. Should you wish toterminate service prior to the acknowledged end date in the agreement and arebilled on a monthly recurring schedule, you will be responsible for paying outthe remaining balance owing in platform fees to Mocaas.
2.1.The Services allowPublisher to upload and manage video catalogs (“Publisher’s Content”) inorder that users can have access to and can purchase the Publisher’s Content,and to customize the look and feel of Publisher’s Content to give users aseamless buying experience.
2.2.Publisher will be providedwith a secure interface for viewing and exporting sales and other reports inreal time.
2.3.When applying for a freetrial and submitting your credit card information, you are automaticallycharged after the 14 day period, on the 15th day, you can cancel anytime priorto the bill date.
2.4. Mocaas offers a 99% Uptimeguarantee for the Mocaas platform. Thisincludes the publisher’s storefront and admin area.
2.5.Video-on-demandand live streaming services. Mocaas does its best to provide the best servicepossible, in the cases of both video encoding as well as video delivery bothfor live streaming & on-demand.
2.6.Mocaas provides 24/7technical support with the best effort to provide same-day responses.
2.7.Mocaas is a platform of service, by using the Mocaasplatform you agree that no matter the cause, the max liable amount Mocaas canbe held liable for any case of negligence, downtime, errors, bugs or errorswithin our platform, is up to 30 days of total dues paid to Mocaas. Mocaas does its best to provide you with apremium experience & platform if any errors are made, the max refund &re-reimbursement we will offer is up to 30 days of the total dues paid to Mocaas.
3.1.Publisher agrees that anyfiles or information uploaded is done so voluntarily at their own discretionand risk.
3.2.The Company offers no expressor implied guarantees or warranties regarding the amount of payout, or anypayout at all to Publishers, the effectiveness of the Services offered, or thatPublisher will find the Services satisfactory, complete, or benefit, orsuitable for your own circumstances.
3.3.COMPANIES DISCLAIMER OFWARRANTIES – THE SITE, TOOLS, PLATFORM, APPS, ANALYTICS DATA AND SERVICE AREPROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, ORSTATUTORY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY AND ITSAFFILIATES, SERVICE PROVIDERS, AND AGENTS EACH DISCLAIM ALL WARRANTIES, WHETHEREXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, TOOLS, ANALYTICS DATA ANDSERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OFMERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR APARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH QUIETENJOYMENT, AND NON-INFRINGEMENT. FURTHER, COMPANY DISCLAIMS ANY WARRANTIES THATYOUR USE OF THE SITE, TOOLS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
3.4.LIABILITY LIMITATION –REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THESE TERMS FAILS OF ITSESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NOEVENT WILL COMPANY OR ITS AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TOYOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUTLIMITATION FOR ANY: (a) DIRECT DAMAGES, (b) LOSS OF REVENUE, PROFITS, REPUTATIONOR GOODWILL, (c) LOST OR CORRUPTED DATA OR ANALYTICS DATA, WEBSITE ORAPPLICATION FAILURE, COMPUTER FAILURE OR MALFUNCTION, (d) INTERRUPTION OFBUSINESS, (e) UNAVAILABILITY OF THE SITE, TOOLS, OR SERVICE, (f) BREACH OFDATA, SYSTEM, OR SERVICE SECURITY, (g) BUGS, VIRUSES, TROJAN HORSES, OR OTHERSIMILAR ERRORS OR VULNERABILITIES THAT THE SITE, TOOLS OR SERVICE INCLUDES ORCAUSES, OR (f) OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OFANY KIND, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS ORDAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE,TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S SOLE LIABILITY AND YOUREXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE TERMS SHALL BE: THE REPLACEMENTOF THE SERVICE, OR REFUND OF AMOUNTS PAID BY YOU FOR THE TOOLS OR SERVICE, INCOMPANY’S SOLE DISCRETION. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMSMUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVINGRISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KINDFOR ACTIONS OF COMPANY’S AFFILIATES, SERVICE PROVIDERS, OR AGENTS.
3.5.The Company will usecommercially reasonable efforts to make the Services available 24/7, except forplanned downtime for such things as support and maintenance that will bescheduled, to the extent possible, during low volume hours, and anyunavailability caused by a force majeure event such as an act of God, act ofgovernment, flood, fire, earthquake, civil unrest, act of terror, strike or otherlabor problem, Internet service provider failure or delay. The Company shallnot be liable for any suspension or termination of the Services caused by aforce majeure event.
3.6.Publisher is required toobtain and maintain a high-speed Internet connection and appropriate browser software.
3.7.Unless otherwise agreedupon, small signage will appear on the bottom of all templates built with Mocaas, showing powered by Mocaas.
4.1.Publisher shall notprovide any information or engage in communications that is false, defamatory,libelous, hateful, threatening, harassing, racially or ethnically offensive,pornographic, obscene, or encourages anything that would be considered acriminal offense, give rise to civil liability, violate or infringe any thirdparty rights or any law or regulation, including but not limited to laws orregulations relating to intellectual property rights, or harm or threaten thesafety of any person.
4.2.Mocaas reserves the soleright at any time to limit who may use, or what is published to the Mocaasplatform. Mocaas reserves the right to review and restrict businesses fromself-serve accounts (basic, growth). We also reserve the right to restrictaccess to third-party payment gateway by Mocaas payment processors, shouldpublisher content violate the third-party acceptable use terms. For moreinformation, refer to https://stripe.com/en-ca/legal/restricted-businesses.
4.3.Content Restrictions - Youmay not upload any content that:
o Is sexually explicit (e.g. pornography).
o Exploits or endangers minors.
o Is hateful, or discriminatory, or defamatory, or incites hatredagainst any individual or group.
o Promotes or supports terror or hate groups.
o Is harassing or abusive.
o Contains false or misleading claims about health-relatedinformation, and vaccine safety that has a serious potential to cause harm.
o Violates any applicable law.
o Contains information or instruction on assembling explosives.
o Promotes fraudulent or dubious business schemes or proposes unlawful transactions.
o Depicts unlawful acts of extreme violence.
o Depicts or encourages self-harm.
o Depicts animal cruelty or extreme violence towards animals.
o Infringes any third party’s copyrights or other rights (e.g.,trademark, privacy rights, etc.).
o Contains false information or misleading information about votingor elections.
o Promotes conspiracy theories lined with hate speech or that can beclassified as defamation.
4.4. By uploading information, Publisher grants to Company the right tostore, transcode, and modify the uploaded information to ensure itscompatibility with the Platform (Encoding, Streaming, Encryption, Security& Delivery).
4.5. Publisher has theresponsibility to submit age policy information and ensure compliance with agerestrictions.
4.6.Publisher warrants andrepresents that it possesses full right, power, and authority to enter into andto perform this Agreement and that it will not grant to any third party anyrights that will derogate from or be inconsistent with the rights grantedherein.
4.7.Publisher warrants andrepresents that there exist no oral or written obligations that would in anyway interfere with the performance of its obligations or the grant of rightsunder this Agreement.
4.8.Publisher warrants andrepresents that all uploaded Publisher Content is original, wholly owned byPublisher, duly licensed, or is in the public domain and does not violate,conflict with or infringe any third-party rights. Mocaas reserves the right toremove any Content that allegedly infringes another person’s copyright.Inappropriate circumstances, Mocaas may remove content or block the accounts ofusers who infringe copyright. Notices to Mocaas regarding any alleged copyrightinfringement should be directed via email at email@example.com.
4.9 Other than as set forth herein, nothing in this Agreement shall beconstrued to transfer or assign to Company any rights or ownership in and tothe Publisher’s Content.
4.10.Mocaas does its best toprotect and store your data, but its the sole duty of the publisher to have acopy and backup of all your videos and content uploaded to the Mocaas platform,Mocaas uses various CDNs and cloud hosting services to store its videos andcontent securely. Any loss of data forvideos and content uploaded to Mocaas is the sole responsibility of thepublisher to re-upload and restore, Mocaas does not hold any liability orguarantees for any videos or content lost on the Mocaas network.
4.11.Mocaas does not store orbackup the original file uploaded to Mocaas, the publisher must keep a backupof all files uploaded to Mocaas as Mocaas will not restore or allow thepublisher to download the original file uploaded to Mocaas once its beenencoded. All backups of videos are theresponsibility of the publisher.
4.12.All content uploaded to Mocaasmust be behind a paywall or sign in. Except for short trailers under 5 minutes on select videos, bothvideo-on-demand and live streaming content must be put behind a paywall for allviewing purposes. Mocaas is best atbeing a paywall, our platform & streaming rates do not allow us to delivervideo that is free and open to the public, please use Youtube for your openvideos & free content, Mocaas is designed as a paywall/gated content. On any package, unless otherwise indicated inthe pricing agreement for custom plans, all videos must be protected behind alogin or paywall and not open to the public for open viewing.
4.13. Live streaming is streamedvia global CDNs to ensure the best experience possible. Live streaming is automatically encoded intomulti-bit rates for delivery. We do ourbest to offer you and your viewers the best experience for live streaming.
5.1.The Company shall collectall fees in a format and through procedures initiated in its sole discretionfor accessing or viewing Publisher’s Content.
5.2.The payments from thePublisher are paid on a monthly or annual basis depending on the package chosenfrom the website https://app.mocaas.tv/payment/packages, the company also providesenterprise packages, the terms and prices of which are negotiated on a case bycase basis per publisher.
5.3. Unless otherwisedesignated in another agreement all Mocaas fees are subject to change at anytime.
5.4.If your fees to Mocaas arepast due past due from the duedate), Mocaas holds the right to hold all payments processed via MocaasPayments and directly deduct all fees due to Mocaas from these sources.
5.5 .If the fees to Mocaas aremore than 7 days past due Mocaas reservesthe right to fully terminate your account and delete all data associated withyour account in full and remove it from our servers.
6.1. Publisher shall not disclose any information about the Company or its business, other than information publicly available, to any third party, or use such information for its own or any third party purposes.
6.2. The transactional data collected through the Services is Confidential Information and Company agrees to hold the Confidential Information in strict confidence and not to disclose the Confidential Information to any third party except in the situation where the Company is required to comply with any applicable law or regulation or with a court order.
7.1. These Terms of Service, and any rights granted hereunder may not be transferred or assigned by Publisher.
8.1. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware applicable therein, without regard to conflict of laws. Publisher irrevocably consents to the exclusive jurisdiction of the courts located in the State of Delaware in connection with any action arising out of or related to these Terms of Service or their subject matter. Publisher waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
9.1. Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
9.2. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
9.4. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
9.5. Publisher consents to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms of Service.
9.6. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual Publisher that accepts this Agreement and it does not create any rights for any other parties.
9.8. Publisher grants to Mocaas the right to use Publisher’s name as a customer of Company on its website www.mocaas.tv and social media channels such as Facebook, Instagram, Twitter and YouTube, and to re-use any images and videos made public by the publisher on the social channels & website owned by Mocaas.
9.9. All billing unless otherwise indicated in your agreement, is month to month, we do not offer pro-rated refunds if you cancel prior to your renewal date.
9.10. We do our best to ensure proper analytics, all analytics relating to users, videos, on demand, viewing, watch time, engagement, and live streaming analytics is on an as-is basis, we do not offer guarantees for its accuracy, availability, or retention. At this time analytics are provided for website, mobile browsers & mobile apps only, we do not offer analytics for TV Apps, we are working on adding these in the near future.
9.11. As a store owner a public-facing contact form or email is required to be displayed on your Mocaas storefront page. This email & contact form is used for your end users to contact you in case they need to discuss refunds, account issues or any other questions they may have. If Mocaas is in charge of your end user support we will handle all support issues per your agreement directly with Mocaas. If you fail to display your contact information and fail to enable your end users to directly contact you, Mocaas holds the right to fully block & terminate your account. Mocaas will allow you up to 7 business days to respond to our inquiries in order to add your contact information to your website if one fails to exist.
9.12. Mocaas holds the right to modify & change packages & plans which may impact the features which your account includes & fees. If you are on a month to month agreement with Mocaas, the features & fees are subject to change at any time.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer.
If you breach this Agreement, Mocaas may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Mocaas deletes your account for breach, you may not re-register to Mocaas’ services again.
(This agreement was last updated on June 1, 2022)