All rights and title in and to the Program and the Service (including without limitation any user accounts, data collected from the user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Program, transcripts of the chat rooms, character profile information, recordings of apps used on the Program, and the Program client and server software) are owned by MocaApp or its licensors. The Program and the Service are protected by Malaysian and international laws. The Program and the Service may contain certain licensed materials, and MocaApp's licensors may enforce their rights in the event of any violation of this Agreement.
Establishing an Account.
You may establish more than one (1) user account (the "Account") on the Portal. To establish an Account, you will be required to provide MocaApp with certain personal information. Your failure to supply accurate information to MocaApp when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.
During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of MocaApp.
Limitations on Your Use of the Service.
Only MocaApp or its licensees have the right to host the App(s). You may not host or provide matchmaking services for the Apps, or intercept, emulate or redirect the proprietary communication protocols used by MocaApp in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.
You agree that you will not (i) modify or cause to be modified any files that are a part of the Program or the Service (ii) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the App(s)’s experience or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Program or the Service. Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by MocaApp, and MocaApp may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server") or (ii) any other userr's experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Program or the Service.
MocaApp reserves the exclusive right to create derivative works based on the Program. You may not create derivative works based on the Program without MocaApp’s prior written consent.
Rules of Conduct.
As with all things, your use of the Program is governed by certain rules of conduct. These rules of conduct (the "Rules of Conduct"), maintained and enforced exclusively by MocaApp, must be adhered to by all users of the Service. It is your responsibility to know, understand and abide by these Rules of Conduct. The following rules are not meant to be exhaustive, and MocaApp reserves the right to determine which conduct it considers to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. MocaApp reserves the right to modify these Rules of Conduct at any time.
Rules Related to Usernames.
Each user will create a user name within the Program. When you create a name or otherwise create a label that can be seen by others using the Program, you must abide by the following guidelines as well as the rules of common decency. If MocaApp finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Program.
In particular, you may not use any name:
Belonging to another person with the intent to impersonate that person.
That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.
Subject to the rights of any other person or entity without written authorization from that person or entity.
In the event of breaches of this clause, MocaApp reserves its right to terminate the account of the user.
- That belongs to a popular culture figure, celebrity, or media personality.
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
- Belonging to any religious figure or deity.
- Taken from MocaApp's products.
- Related to drugs, sex, alcohol, or criminal activity.
Security of Login Information.
You are responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify MocaApp by emailing email@example.com
MocaApp’s Absolute Right to Suspend, Terminate and/or Delete the Account.
You further warrants and grants your consent that MocaApp shall have the right to collect, process and handle all personal data as defined under the Personal Data Protection Act 2010 ("the 2010 Act") as provided by you in the process of using MocaApp for purposes such as improving the services and products of MocaApp, to expedite payment process and to market MocaApp’s products and services. The consent shall be extended to the collection, process and handling of the Personal Data by MocaApp’s affiliated partners and related company. You further agree to to indemnify and keep MocaApp indemnified against all claims, charges, loss, damages and injury resulting and arising from any charge under the 201 Act.
Ownership/Selling of the Account or Virtual Items.
MocaApp does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.
MocaApp owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content or any other attributes associated with the Account or stored on the Service.
MocaApp reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without prior notice provided, however, that material changes (as determined in MocaApp’s sole and absolute discretion) will be disclosed as follows: MocaApp will provide you with notification of any such changes to the Program through a patch process, or by email, postal mail, website posting, pop-up screen, notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Program and the Account. Your continued use of the Program following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. MocaApp may change, modify, suspend, or discontinue any aspect of the Program at any time. MocaApp may also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting the Program. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for purchasing materials pertaining to MocaApp or any of MocaApp’s products. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. MocaApp may terminate this Agreement with or without notice by terminating your Account.
THE PROGRAM IS PROVIDED "AS IS" AND MOCAAPP DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOCAAPP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER MOCAAPP NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PROGRAM OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, GADGET FAILURE OR MALFUNCTION (B) THE LOSS OR DAMAGE TO USERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROFILE INFORMATION OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL MOCAAPP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
MocaApp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MocaApp, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MocaApp`s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
WHEN RUNNING, THE PROGRAM MAY MONITOR YOUR GADGET’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE APPLICATION(S). AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN MOCAAPP`S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE (ii) ALLOWS USERS TO MODIFY OR HACK INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY MOCAAPP OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE PROGRAM. IN THE EVENT THAT THE PROGRAM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE PROGRAM OR SERVICE MAY (a) COMMUNICATE INFORMATION BACK TO MOCAAPP, INCLUDING WITHOUT LIMITATION YOUR USER NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.WHEN THE PROGRAM IS RUNNING, MOCAAPP MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR GADGET AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
MocaApp may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. MocaApp may use or disclose your personal information if MocaApp believes that doing so may protect your safety or the safety of others.
MOCAAPP MAY RECORD YOUR SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE APP AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
In the event that you breach this Agreement, you hereby agree that MocaApp would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that MocaApp shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as MocaApp may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys` fees and other expenses incurred by such prevailing party in the litigation.
Dispute Resolution and Governing Law
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and MocaApp agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. MocaApp will send its notice to your mailing address and email you a copy to the email address you have provided to us. You will send your notice to firstname.lastname@example.org
If you and MocaApp are unable to resolve a Dispute through informal negotiations, either you or MocaApp may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under Malaysian law. The determination of whether a Dispute is subject to arbitration shall be governed by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the related Rules and Laws and, where appropriate, limited by Malaysian Consumer Rules. If such costs are determined by the arbitrator to be excessive, MocaApp will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MocaApp may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and MocaApp agree that any arbitration shall be limited to the Dispute between MocaApp and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration.
You and MocaApp agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MocaApp’s intellectual property rights (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use and (3) any claim for injunctive relief.
If you are a resident of Malaysia, any arbitration will take place at any reasonable location within Malaysia convenient for you. For residents outside Malaysia, any arbitration shall be initiated in Kuala Lumpur, Malaysia. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the city of Kuala Lumpur, Malaysia and you and MocaApp agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of Malaysia, without regard to choice of law principles. For our customers who access the Service from Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the App and/or the Service as supplied by MocaApp to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of Malaysia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
You and MocaApp agree that if any portion is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect. If potions are found to be illegal or unenforceable then neither you nor MocaApp will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Kuala Lumpur, Malaysia and you and MocaApp agree to submit to the personal jurisdiction of that court.