General & Acceptance
BY USING AND/OR VISITING THIS WEBSITE AND/OR USING Mosky Capital SERVICES (specifically, inputting your user id in the space provided on various pages of the www.moskycapital.com website, the “Services”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF Mosky Capital CORP’s (“Mosky Capital ”) PRIVACY POLICY, WHICH ARE PUBLISHED VIA A LINK ON http://www.moskycapital.com (the “Website”), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website or the Services. Please note that your application for a funding account with Mosky Capital is subject to a separate agreement that will be provided to you upon application. THESE TERMS OF USE DO NOT COVER YOUR FUNDING ACCOUNT APPLIED FOR THROUGH THE WEBSITE, unless otherwise stated herein.
The use of the term Mosky Capital herein includes Mosky Capital and its affiliates, vendors, partners, agents, and other personnel. In addition to all other agreements that may be provided to you, this Terms of Use Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website.
By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT.
To participate in certain other services provided through the Website, you will be notified that you are required to agree to additional terms and conditions. Mosky Capital may modify this Agreement from time to time and such modification shall be effective upon posting by Mosky Capital on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
Section 1: Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted, and your Membership may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age.
Section 2: Provided Services
Subject to full compliance with the Terms of this Use Agreement, Mosky Capital shall provide certain services related to the input of your marketplace ID(s) on various pages of the Website. The Services are provided by Mosky Capital AS IS and Mosky Capital assumes no responsibility for any failure in providing the Services to you. Mosky Capital may change, suspend, or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Mosky Capital may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Mosky Capital may include commercial opportunities or content in any Mosky Capital product, services, image, or webpage.
Section 3: General Undertakings
You accept sole responsibility for all your activities using the Website, including your conduct on the site. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms, or any other destructive code. You will not use bots to engage the Services.
Section 4: The Website
The Website may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Mosky Capital. Mosky Capital has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party content or websites or any of their contents. In addition, Mosky Capital will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mosky Capital from all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Section 5: Website Access
Mosky Capital hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Mosky Capital; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service.
To access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Mosky Capital immediately of any breach of security or unauthorized use of your account. Although Mosky Capital will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mosky Capital or others due to such unauthorized use.
Section 6: Fees & Payment
Some of the services offered on the Website may require the payment of fees, interest, and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. Mosky Capital reserves the right to change its prices and at any time, subject to applicable law. You authorize Mosky Capital directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Mosky Capital. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).
Section 7: Intellectual Property Rights
The content on the Website (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Mosky Capital uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mosky Capital reserves all rights not expressly granted in and to the Website, Services, and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.
Section 8: Third-Party Service Providers
Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself, and your accounts maintained at other web sites, and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Services only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services technology.
Content You Provide. You are licensing to Mosky Capital and its service providers (“Service Provider”), any information, data, passwords, materials, or other content (collectively, “Content”) you provide through or to the Services for the purpose of enabling Mosky Capital and the Service Provider to provide you the Services. During the term of this Agreement, Mosky Capital and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any time limit, and without payment of any fees, Mosky Capital and the Service Provider may use the Content for the purposes set out above.
Third Party Accounts. By using the Services, you authorize Mosky Capital and the Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Mosky Capital and the Service Provider a limited power of attorney, and you hereby appoint Mosky Capital and the Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstituting, for you and in your name, place and stead, in any and all capacities, to access third- party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Mosky Capital OR THE SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, Mosky Capital AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third- party account providers shall be entitled to reply on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. You acknowledge that using the Services, Mosky Capital shall have access to your account credentials, including but not limited to login username and passwords.
Section 9: Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mosky Capital, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mosky Capital MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL Mosky Capital, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Mosky Capital DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mosky Capital WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mosky Capital WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Section 10: Indemnity
You agree to defend, indemnify and hold harmless Mosky Capital, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Section 11: Events Beyond Control
Under no circumstances shall Mosky Capital be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Mosky Capital, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Section 12: Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Mosky Capital without restriction or limitations.
Section 13: General
You agree that: (i) the Website shall be deemed solely based in New York, USA; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mosky Capital, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Mosky Capital that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Atlanta, New York. These Terms of Service, together with the privacy and any other legal notices and agreements published by Mosky Capital on the Website, shall constitute the entire agreement between you and Mosky Capital, LLC concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mosky Capital ‘s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND Mosky Capital AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.