Terms

Terms & Conditions

Last Updated: November 6, 2020

1. Introduction
This agreement sets out the rights and obligations of a user of Zocal (hereby referred to as "You", "your", "user", "the user" etc.) and those of Mochameet, Inc., its directors, shareholders, employees, subsidiaries, and contractors (hereby referred to as "Zocal", "MochaMeet", "we", "us", "our") towards the user in relation to the platform, site, and services offered by us. By registering with or accessing Zocal, the user agrees to be bound to the terms of this Agreement. Zocal reserves the right to make changes to this agreement without providing prior notice to the user. Your continued usage of Zocal denotes acceptance of the terms and the any changes.

2. Privacy
a. Please read our Privacy Policy for details regarding how you can share information with others and how Zocal uses the user's content and information. Further, you agree to provide consent to the way Zocal handles your personal data, including the transfer to the United States or other countries for storage, processing, and use by Zocal or its employees.

3. User Content & Information
a. You are held responsible for
i. the use of the services offered;
ii. any content or location data posted, displayed, uploaded, captured, or submitted to Zocal which may or may not be viewed by other users and third-party services and websites
iii. your location data, both exact and approximate, usage of the location sharing features, and the visibility of your location to other users and third parties both on and off the Zocal platform and
iv. the consequences resulting from your submissions, location sharing, and other usage of Zocal products and services.
b. With respect to the content and information submitted, you specifically give Zocal the following permissions: i. you grant Zocal a non-exclusive, irrevocable, royalty-free and perpetual license that requires no form of compensation to you, to copy, store, modify, distribute, show in public and create derivative works from your user submissions and data both as part of the Zocal service and otherwise; including (without limitation) (a) services that link to Zocal, and (b) for promoting Zocal (and derivative works) thereof, (c) for showing you targeted advertising, (d) for creating user based analytics that may be used to further develop Zocal products and services or serve targeted advertising;
ii. you represent and warrant that you are fully entitled to grant that license;
iii. you undertake that if you reference any identifiable individual in your submissions, that individual has granted you the necessary permissions to do so and agrees to the use of that information by Zocal in the manner listed in this Agreement;
iv. you waive the rights to object to any derogatory treatment of your submissions by anyone or to be identified as their author.
v. you also provide each user of Zocal a non-exclusive license, subject to your specific privacy settings, to access, copy, modify, distribute or display your submissions.
c. Zocal is not responsible for the content posted, uploaded, or submitted by its users nor is it expected to monitor or control such submissions. Any use or reliance on such submissions is to be done at your own risk. However, Zocal does reserve the right to copy, modify, distribute or delete the content that is posted by its users without providing any prior notice or compensation for the same.
d. By using the services offered by Zocal, you may be exposed to content that may be offensive, harmful, inaccurate, deceptive or even inappropriate, in which case, you do not consider Zocal liable for the same.
e. Feedback or other suggestions about Zocal is always appreciated, but they may be used without any obligation to compensate you for them.

4. Registration & Usage
While registering for an account and using or maintaining it on Zocal, you commit to the following:
a. You will not send or otherwise post unauthorized commercial communications (such as spam) on Zocal
b. You will not collect users' content or information,
c. You will not access Zocal using automated means (such as harvesting bots, robots, spiders, or scrapers),
d. You will not upload malicious code or viruses,
e. You will not impersonate anyone else, nor provide any false information on Zocal nor create an account for anyone other than yourself without permission.
f. You will not solicit login information or access an account belonging to someone else
g. You will not post content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
h. You will not offer any contest, giveaway, or promotions on Zocal without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws,
i. You will not circumvent, modify or disable any security related feature on Zocal or features that prevent or restrict copying of content,
j. You will not stalk, harass, or otherwise engage in harmful behavior towards another user.
k. You will provide accurate information about yourself including your correct name, email address, phone number, and any other details that will be submitted.
l. You may only use Zocal if you are not a person that is barred from receiving the services under the United States law or other applicable jurisdiction.
m. You will not create more than one Zocal account.
n. You will not use Zocal if you are under 18 years of age.
o. You will not share your password, let anyone else access your account or do anything that may jeopardize the security of your account. Zocal is not liable for any consequences that result out of a compromised password or account.
p. You will not transfer your account to anyone else without first getting our written consent.
q. You understand that parts of your account and the information contained including phone number and location may be visible to other members or users of Zocal or even third parties.
r. You use Zocal only for your personal and non-commercial use.
s. You will not copy or distribute any part of Zocal's services without written authorization.
t. You agree to be shown advertisements that may or may not be related to your interests while using Zocal.
u. Zocal may temporarily stop part or all of its services provided.
v. Zocal is not responsible for the behavior or material posted or uploaded by its users within and outside the network. We do not pre-screen or monitor any material that is submitted by our users.
w. You will not access, user or tamper with the non-public areas of Zocal, including but not limited to, the databases, computer systems, or technical delivery systems.
x. You will not test, probe or scan the vulnerability of any system or network or breach or circumvent any security or authentication measures.
y. You will not use Zocal in any way to send altered or deceptive information or to disrupt the access of any user, host or network, including, without limitation, sending a virus, flooding, spamming, overloading, mail-bombing or by scripting content in a way to cause undue burden on the services.
z. Failure to abide by this agreement may result in a temporary or permanent suspension of your account and the levy of damages as applicable.

5. Intellectual Property Rights
a. All content of Zocal, except user submissions, including but not limited to the text, scripts, software, photos, graphics, sounds, interactive features and the trademarks, service, marks and logos contained are all owned by or licensed to Zocal and protected by United States and foreign laws and international conventions. You will not use Zocal's copyrights or trademarks without our permission.
b. Save for the personal content submitted by users, all intellectual property rights subsisting in and in relation to user submissions (including, but without limitation, compilations of user submissions) are owned by Zocal.
c. You will not post material or upload information that may violate or infringe upon someone else's \ rights or violates the law. Zocal can remove such content if we believe it violates the terms of this Statement.
d. If you collect any information from other users, you shall make it clear that it is you and not Zocal that is collecting the same and let the user know what you will do with the information.
e. You shall not post any other user's financial or other sensitive information on Zocal.

6. Safety & Legal Disputes
a.We reserve the right to terminate any and all services offered to you.
b. We also reserve the right to remove or refuse to distribute any content on the services offered and to otherwise terminate accounts.
c. If anybody notifies us or brings a claim against you related to your actions on Zocal, you will indemnify and hold us harmless from and against all damages, expenses, or losses of any kind (including reasonable legal fees and costs) related to such claim.
d. We reserve the right to access, read, disclose, and preserve any information submitted, captured, or derived that we believe is necessary for any legal, safety, or operational proceeding including, but without limitation: (i) satisfying an applicable law, regulation, or governmental request, (ii) enforcing the Agreement including investigations of potential violations, (iii) detecting, preventing or otherwise addressing fraud, security, or other sensitive issues, (iv) responding to user support requests or (v) protecting the rights, property, and safety of Zocal, its users and the public, or (vi) for improving Zocal Services including new the development of new products or services.
e. ZOCAL IS TO BE USED AT YOUR OWN RISK. Though we try to keep it safe, bug-free and up-to-date, we do not guarantee it nor guarantee the conduct of any other user on Zocal, and provide Zocal "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, including but not limited to, implied warranties of merchantability, fitness for a purpose, safety, and non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, timeliness, availability, accuracy, security, or reliability of our Services or any content thereon.
f. ZOCAL IS NOT RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, DEVICE, LOSS OF DATA, OR ANY OTHER HARM RESULTING FROM YOU ACCESSING ZOCAL AND ITS SERVICES. ZOCAL IS ALSO NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY ITS SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, ERROR-FREE AND SECURE BASIS. NO ADVICE OR INFORMATION OTHERWISE RECEIVED FROM ZOCAL, ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
g. ZOCAL IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, CONTENT, OR DATA OF THIRD PARTIES OR OF OTHER ZOCAL USERS. YOU AGREE TO RELEASE ZOCAL, OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED OR CONNECTED TO A CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES OR USERS. YOU AGREE THAT ZOCAL WILL NOT BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH (i) YOUR ABILITY OR INABILITY TO ACCESS ZOCAL OR ITS SERVICES (ii) ANY CONTENT OBTAINED FROM THE SERVICES BY YOU, ANY THIRD PARTY, OR ANOTHER ZOCAL USER; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER ZOCAL USER ON OR OFF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THIS SHALL APPLY WHETHER OR NOT ZOCAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
h. ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

7. Data storage & processing
Zocal attempts to create a global community with consistent standards for everyone. However, in doing so, there are special provisions necessary for users who do not live in the same countries as Zocal's servers and offices are located. In order to better provide consistent services to all users globally, the following provisions apply to all users: a. You consent to having your personal data and user submissions transferred to and processed, at Zocal's discretion, in a country that you may or may not be affiliated with in any way, including countries outside the United States.

8. Links to Third Party Websites
Zocal services may contain links to third party websites. However, you acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources or (ii) the content, products or services on these websites. Providing such links does not imply any endorsement by Zocal of such websites or the content contained therein.

9. Jurisdiction & Controlling Law
The Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law of your state or country of residence. All legal proceedings, claims, or litigation arising in connection with the services offered by Zocal will be brought solely in the San Francisco County, California and you consent to the jurisdiction of the venue in such courts by waiving any objection as to an inconvenient forum. Zocal makes no representations that the services offered are appropriate or available for use in other locations. Those who access or use the Zocal service from other jurisdictions do so of their own volition and are responsible for compliance with the local law.

10. Entire Agreement
a. This Agreement and our Privacy Policy constitutes the entire exclusive agreement between you and Zocal regarding the services offered and supersedes and replaces any other agreements between Zocal and you regarding the services offered.
b. We may revise the Terms from time to time. If the latest changes are of significant consequence, we shall notify you via an update when you log into Zocal or via the e-mail associated with your account. By continuing to access or use the services offered after those revisions become effective, you agree to be bound by the revised Terms.
c. The failure of Zocal to enforce any right or provision in these Terms will not be deemed a waiver of that right or provision.
d. In the event that any part of the agreement shall be found to be unenforceable by any judicial decree or decision, the remainder of the Agreement shall still be applicable.
e. Any amendment or waiver to this Agreement must be made in writing and approved by Zocal.
f. The rights and obligations in this Agreement are non-transferable to anyone else whatsoever, except with our consent.
g. We reserve the right to assign this Agreement or subcontract any or all of our rights and obligations under this Agreement in the event of a merger, acquisition, sale of assets or by the operation of the law. However, you may not, without the written consent of Zocal, assign or dispose of this Agreement.
h. This Agreement does not confer any third party beneficiary rights whatsoever.
i. Nothing in this statement shall prevent us from complying with the law.