Mozzart is a division of Champion Concepts Corporation, an Illinois corporation. All references to Mozzart, XCard and/or OrderNet apply to Champion Concepts Corporation.
Mozzart products and/or services are defined to include:
Mozzart may not be used for:
Please note that failure to adhere to program policies may result in your account and content being cancelled without reason or warning.
THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE USE AND/OR SUBSCRIPTION of Mozzart online services (herein referred to as "Mozzart" services)
BETWEEN
the USER (herein after referred to as "Client")
AND
Mozzart Technology, a division of Champion Concepts Corporation, (hereinafter referred to as "Company")
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to Mozzart services, you hereby agree and adhere to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that the Company assumes no responsibility for the nature or content of anything contained on the Web site and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms and Conditions.
If you do not agree to these terms, please do not subscribe to Mozzart services.
1. Mozzart
Mozzart provides online mobile application building service (also referred XCard) for the small and medium businesses and individuals which includes website building tool. Mozzart enables even novice users to create a mobile application and publish it to the web. For using or subscribing to Mozzart and availing its Services, the user/ client must enter into a legal agreement with the Company.
2. ELIGIBILITY
The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations.
The User must be eighteen or over or represented by someone eighteen or over to subscribe to the services of Mozzart. Subscription to the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCEPTANCE OF TERMS
XCard is provided by the "Company", which provides its services to the USER, subject to the following Terms and Conditions, which may be updated by the Company from time to time without notice to the USER.
Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future Clients. Company may make changes or modifications to referenced policies and guidelines without notice to you. The changes made shall be communicated by display on the home page, of a notification regarding any changes, amendment and modifications to the TERMS & CONDIITONS. The onus is on the user to regularly check the site to determine if there are any changes to the TERMS AND CONDITIONS and review the changes that may have been effected. If any such changes or modification is not acceptable to You, please discontinue the use of the services of Mozzart as the continued use of the site would constitute acceptance to the changes.
4. DESCRIPTION OF SERVICES.
Company will provide Client with the Services ordered during the sign up process. Company strives for 99.9% uptime, so that Customers can create & edit anytime. However, the service may be unavailable for short periods of time due to maintenance and upgrading. While the Mozzart service is unavailable, Customers will not be able to use it to create or edit their site. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Mozzart services. If company believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to provide it with accurate information or to keep your password secure.
5. SUBSCRIPTION, PRICING AND PAYMENT.
At the time of initial registration, you will select from the available plans to which you wish to subscribe ("Services"). Subscriptions to Services are subject to acceptance by Company. Your subscription to the Services will be deemed accepted by Company when Company delivers a confirmation of the subscription to you. Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be Company' then current pricing for such Services. After Company' acceptance of your subscription to the Services, Company will electronically deliver to you a schedule of the Fees. The payments will be made to Company through paypal or online credit card or pursuant to the any other methods set forth by Company. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or subscription fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Company´s sole discretion. All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by the company. The agreement prohibits you from using the website once you unsubscribe from the service.
6. RIGHTS TO THE WEB SITE AND CONTENT.
You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via Mozzart services. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Mozzart services and for any consequences thereof. You agree to use Mozzart services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. You agree that you will not engage in any activity that interferes with or disrupts Mozzart services or servers or networks connected to Mozzart services. Company claims no ownership or control over any Content submitted, posted or displayed by you on or through Mozzart services and shall not be liable for the same. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Mozzart services and you are responsible for protecting those rights, as appropriate.
7. THE CLIENT FURTHER AGREES THAT:
They shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise unlawful, harmful or invasive of the privacy of others.
They shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
They shall not upload, post, publish, distribute or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
They shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
They shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
They shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt Mozzart or servers or networks connected to the Mozzart including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to Mozzart, other's accounts on Mozzart through any means;
They shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
They shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than your own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent your association or affiliations with a person or entity, for the purpose of misleading others.
They shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
They shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation including, but not limited to, Indian legislation such as the Information Technology Act, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
They shall not engage in commercial activities that are deemed inappropriate on Mozzart. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.
8. In addition, the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Mozzart. You agree and acknowledge that the company takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the user(s).
9.You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Mozzart. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.
10. The Internet is a complex world-wide network consisting of millions of connecting points and networks and possibilities for outages both in and beyond our control can occur. Company will not be held liable for network outages nor damages resulting from network outages.
11. The Company retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.
12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY.
"Background Technology" means computer programming & formatting code or operating instructions developed by or for Mozzart services and used to maintain the website. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by Company.
13. SUPPORT.
Company agrees to provide reasonable technical support to Client during Company's normal technical support hours. Company additionally agrees to provide Client service support in the form of online help desk or e-mail during Company' normal Client support hours.
14. TERM AND TERMINATION.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated;
(b) Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (7) day period; and
(c) upon the termination of this Agreement, Client will pay Company for all Services provided to Client by Company prior to termination
15. NO RESALE OF SERVICE
You agree not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Mozzart services, use of Mozzart services, or access to Mozzart services without the written permission of the service providers.
16. PROPRIETARY TOOL LIMITATIONS.
The Mozzart services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision of Company is final in any issue that might arise due to this.
17. RESELLER: CLIENT RESPONSABILITY
Resellers are responsible for supporting their clients. Mozzart does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Mozzart will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
18. RESELLER: UNDERCUTTING Mozzart RETAIL PRICES
All resellers will commit never to undercut Mozzart's retail prices when reselling Mozzart services.
19. BACKUP AND DATA LOSS
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Mozzart is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Mozzart servers.
20. DISCLAIMER AND WARRANTIES.
Company warrants that Mozzart will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any Web site modified by any party other than through Mozzart services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Company' warranty obligations are personal to Client and may not be extended to any third party. Except as expressly provided in this Agreement, the Services and Client Web sites are provided "as is," and Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. You hereby acknowledge and agree that will not be liable for any temporary delay, outages or interruptions of the Services.
21. INDEMNITY.
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Mozzart services, violation of this Terms of Service or any other actions connected with use of Mozzart services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.
22. LIMITATION OF LIABILITY.
Company's liability hereunder shall not exceed the amount paid by client to company during the three (3) month period before the action arose. company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if company has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, company would not enter into this agreement.
23. MISCELLANEOUS.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
24. LEGAL COMPLIANCE
As a user you shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the Mozzart´s services
25. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the state of Illinois in the United States of America.
In case of any dispute (or) differences between the parties with regards to the terms and conditions of this license (or) any action taken in furtherance of this agreement the courts in Illinois in the United States of America alone shall have the jurisdiction to adjudicate upon the same.
26. SEVERABILITY AND AMENDMENT
This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
27. PRIVACY POLICY
This privacy policy sets out how Mozzart uses and protects any information that you give Mozzart when you use this website.
Mozzart is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Mozzart may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, text or mail. We may use the information to customize the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@imozzart.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to PO Box 1163, Orland Park, IL 60462.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
28. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
28. CHANGES TO THE TERMS OF SERVICE
Mozzart reserves the right to revise its policies at any time without notice