Account Eligibility

Before you create an account, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Sites.

By using our Services, you represent and warrant that:

1. You are at least 18 years old;
2. You are legally qualified to enter a binding contract with Sites;
3. You are seeking a meaningful work relationship.
4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
5. You are not on any list of individuals prohibited from conducting business with the United States;
6. You are not prohibited by law from using our services;
7. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
8. You are not required to register as a sex offender with any state, federal or local sex offender registry;
9. You do not have more than one account on our Services; and
10. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.

You agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;

• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

• Use the latest version of the Sites and/or App;

• Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;

• Be respectful when communicating with any of our customer care representatives or other employees;

• Maintain a strong password and take reasonable measures to protect the security of your login information.

• Present yourself respectfully and authentically by adding at least one photo that shows your face.

You agree that you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

• Use the Services in a way that damages the Services or prevents their use by other users;

• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

• Use our Services for any harmful, illegal, or nefarious purpose;

• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

• Post or share Prohibited Content (see below);

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

• Use another user’s account;

• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

• Disclose private or proprietary information that you do not have the right to disclose;

• Copy, modify, transmit, distribute, or create any derivative works from, any member’s content or our content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without our prior written consent;

• Express or imply that any statements you make are endorsed by Tourday;

• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

• Upload viruses or other malicious code or otherwise compromise the security of our Services;

• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

• “Frame” or “mirror” any part of our Services without Mocha’s prior written authorization;

• Use meta tags or code or other devices containing any reference to Mocha or the platform (or any trademark, trade name, service mark, logo or slogan of Mocha) to direct any person to any other website for any purpose;

• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

• Use, access, or publish the Mocha application programming interface without our written consent;

• Probe, scan or test the vulnerability of our Services or any system or network; or

• Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content—Mocha prohibits uploading or sharing content that:

• Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;

• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

• Is defamatory, libelous, or untrue;

• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites or premium line telephone numbers);

• Involves the transmission of “junk” mail or “spam”;

• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mocha or otherwise;

• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

• Was not written by you or was automatically generated, unless expressly authorized by Tourday;

• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;

• Is inconsistent with the intended use of the Services; or

• May harm the reputation of Mocha or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

Content

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Mocha provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

1. Your Content

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

2. Member Content

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

3. Our Content

Tourday owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

Reporting/Inappropriate content and misconduct

Tourday does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful Mocha community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email Mocha Customer Service at info@meetmocha.com

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act)