AGBs (vorläufig nur englisch)
By using or visiting this website (collectively, including all content and functionality
available through the mooma.sh domain name, the "Moomash Website", or "Website", or „Site“),
you signify your agreement to these terms and conditions also found at mooma.sh/terms-of-use.html,
Moomash's privacy notice, found at mooma.sh/privacy-policy.html and
Moomash's Community Guidelines, found at mooma.sh/communityguidelines.html.
If you do not agree to any of these terms, the Moomash privacy notice, or the
Community Guidelines, please do not use the Moomash Website.
Although we normally notify you when major changes are made to these Terms of Service,
you should sometimes review the most up-to-date version (mooma.sh/terms-of-use.html).
Moomash may, in its sole discretion, modify or revise these Terms of Service and policies
at any time, and you agree to be bound by such modifications or revisions. Nothing in
this Agreement shall be deemed to confer any third-party rights or benefits.
2. Moomash Website
These Terms of Service apply to all users of the Moomash Website, including users
who post links or communicate with other users. The Moomash Website includes all
aspects of Moomash.
The Moomash Website will contain links to third party websites that are not owned
or controlled by Moomash.
Moomash has no control over, and assumes no responsibility for,
- the content,
- privacy policies,
- or practices of any third party websites.
In addition, Moomash will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve Moomash from any and all liability arising
from your use of any third-party website.
other website that you visit after leaving Moomash.
3. Moomash Account (User and Developer Account)
In order to access special features of the Website, you will have to create a Moomash 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 must notify Moomash immediately of any breach of security or unauthorized use of your account.
Although Moomash will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Moomash or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
Moomash hereby allows you permission to access and use the Website as set forth in these
Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited
to User Submissions (defined below), without Moomash's prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to access User Submissions (defined below) or Moomash Content through any
technology or means other than Moomash may designate.
You agree not to use the Website for any commercial use, without the prior written
authorization of Moomash.
5. Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of content on the Moomash Website.
The content on the Moomash Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, interactive features and the like
("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned
by or licensed to Moomash, subject to copyright and other intellectual property rights
under the law. Content on the Website is provided to you AS IS for your information and personal
use only and may not be downloaded, 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. Moomash reserves all rights not
expressly granted in and to the Website and the Content.
You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Moomash Service
User Comments are made available to you for your information and personal use solely as intended
through the normal functionality of the Moomash Service. User Comments are made available
"as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal
functionality of the Moomash Service or otherwise as prohibited under this Agreement.
You may access Moomash Content, User Submissions and other content only as permitted under
this Agreement. Moomash reserves all rights not expressly granted in and to the Moomash
Content and the Moomash Service.
You agree to not engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User Submissions of
third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of
the Moomash Website or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Moomash Website or the Content therein.
You understand that when using the Moomash Website, you will be exposed to User Submissions
from a variety of sources, and that Moomash is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Moomash with respect thereto,
and agree to indemnify and hold Moomash, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. User Submissions and Conduct
As a Moomash account holder you may post a link ("User Links") and textual content
("User Comments"). User Links and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, Moomash does not
guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or
publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use and authorize
Moomash to use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by
submitting User Submissions to Moomash, you hereby grant Moomash a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User Submissions in connection
with the Moomash Website and Moomash's (and its successors' and affiliates')
business, including without limitation for promoting and redistributing part or all of the
Moomash Website (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Moomash Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute, display and perform such
User Submissions as permitted through the functionality of the Website and under these
Terms of Service. The above licenses granted by you in User Links terminate within a commercially
reasonable time after you remove or delete your User Links from the Moomash Service.
You understand and agree, however, that Moomash may retain, but not display, distribute, or
perform, server copies of User Submissions that have been removed or deleted. The above licenses
granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant Moomash all of the license
rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is
contrary to the Moomash Community Guidelines, found at mooma.sh/communityguidelines.html,
which may be updated from time to time, or contrary to applicable local, national, and international
laws and regulations.
Moomash does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and Moomash expressly disclaims any and all liability in connection with
User Submissions. Moomash does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Moomash will remove all Content and
User Submissions if properly notified that such Content or User Submission infringes on
another's intellectual property rights. Moomash reserves the right to remove Content and
User Submissions without prior notice.
7. Account Termination Policy
Moomash will terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer.
Moomash reserves the right to decide whether a Link or a User Submission is appropriate
and complies with these Terms of Service for violations other than copyright infringement,
such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
Moomash may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior notice and at
its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Moomash WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, Moomash, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
Moomash MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (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 FINANCIAL 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 Moomash WEBSITE. Moomash DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE Moomash WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND Moomash 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.
9. Limitation of Liability
IN NO EVENT SHALL Moomash, ITS OFFICERS, 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, (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 FINANCIAL 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 YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE Moomash WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
YOU SPECIFICALLY ACKNOWLEDGE THAT Moomash SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Moomash from its facilities in Germany.
Moomash makes no representations that the Moomash Website is appropriate or available
for use in other locations. Those who access or use the Moomash Website from other
jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Moomash, 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:
- your use of and access to the Moomash Website;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property,
or privacy right; or
- any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of
the Moomash Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm
that you are over the age of 13, as the Moomash Website is not intended for children under 13.
If you are under 13 years of age, then please do not use the Moomash Website. There are lots
of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Moomash without restriction.
If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver of such term or any other
term, and Moomash's failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. Moomash reserves the right to amend
these Terms of Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Moomash Website following any amendment
of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND Moomash AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Moomash
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.