Terms of Service

These Terms were last updated on 15 December 2021

1.             WELCOME

1.1          The Moar website, app and any connected software (together, "Moar") are developed and operated by Codices Interactive Limited ("we", or "our"), a company registered in England.

1.2          These Terms of Service, including the User Rules, the Copyright Guidance, and the Brand Guidelines (together, the “Terms") are a legal agreement between Moar and you (“you” or “your”) and apply to your use of Moar.


1.3          For information on how we process your personal data, please see our privacy policy.

 

1.4          You must review these Terms before you use Moar. By using Moar, you agree to these Terms. Please do not use Moar if you do not agree to these Terms.  


2.             CHANGES


2.1          We may occasionally make changes and improvements to Moar (like new features) and these Terms, but we'll notify you of any significant changes in advance either by email or via a prominent notice in Moar. You can choose to stop using Moar at any time.

 
2.2          Depending on the improvements, you may not be able to use Moar until you have accessed or downloaded the latest version of Moar and reviewed and accepted any new terms of service.


3.           WHAT IS MOAR?


3.1        Moar lets you watch, create and share live interactive video shows with viewers across the world. The videos you create and share using Moar, along with any comments, photos, content, or other materials you stream, upload or post via Moar is the "User Content". Any images, video, visual effects, music, sound effects, materials, or other content we provide to you via Moar is the "Moar Content".


3.2        Moar may be supported by in-app purchases, subscriptions, advertisements, sponsors and brand partners. Advertisements and other marketing materials may be shown in connection with your User Content and by using Moar, you understand and agree that: (i) we will have complete control over what, how, and where these marketing materials appear; and (ii) you have no rights to receive any income or other form of payment for the use of your User Content on Moar unless we agree this with you in writing.


3.3        We will provide Moar with reasonable care and skill. We always try to ensure that Moar works with the latest version of iOS and Android (though we may need some time to ensure Moar runs smoothly after a new version of iOS or Android is released). 


3.4        Moar may include third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute these components (“Open Source Components”). Although Moar is provided to you subject to these Terms, nothing in these Terms will prevent or restrict you from obtaining these Open Source Components under the applicable third party licences or to limit your use of these Open Source Components under those licences.


4.         USING MOAR


4.1      We created Moar to help people connect through creating and sharing interactive video shows. At Moar’s core, we want to foster a positive community founded on respect – respect for each other's rights, feelings, and differences. That's why we want everyone using Moar to do so without bullying, harassing, intimidating, spamming, or violating the rights of others.


4.2      When you use Moar you must comply with these Terms and our User Rules (See in App). We may remove User Content that doesn't comply with these Terms or our User Rules. We may suspend or terminate a your access to Moar if you repeatedly don't comply with these Terms or our User Rules.


5.         COPYRIGHT AND INTELLECTUAL PROPERTY


5.1      Intellectual property is the legal phrase used to describe what you create (for example, an original song or an original brand would be intellectual property). Copyright, trade marks, designs, and patents are all examples of intellectual property. In these Terms, "intellectual property rights" means all intellectual property rights of any kind which exist now or will exist in the future anywhere in the world, including: (i) copyrights; (ii) trade marks, corporate names, logos, designs, internet domain names; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and confidential information; and (vi) all rights to obtain renewals, or other extensions of legal protection in relation to these rights.


5.2      A licence is a legal phrase that means a permission to do something that would otherwise not be legal or allowed. An assignment is a legal transfer from one person or organisation to another.


5.3      Except for the User Licence you grant us in section 7.1 below, you (or any other person that has given you permission to upload your User Content) own and will keep all intellectual property rights in the User Content you upload or post to Moar. 


5.4      Except for the Moar Licence we grant you in section 6.1 below, we (or the Moar Partners) own and will keep all intellectual property rights in Moar and the Moar Content.


5.5      Except for the Moar Licence we grant you at clause 6.1 below and the User Licence you grant us at clause 7.1, no intellectual property rights are transferred or licensed in these Terms.


5.6      As far as permitted by law, you give up and agree not to use against Moar any moral rights, rights of privacy, publicity, or similar rights under other laws in connection with your User Content and you understand that we can use your User Content without referring to you as the author and that we can adapt and amend your User Content.


5.7      You must read and comply with our Copyright Guidance (See in App), which includes information on intellectual property, copyright, and how we treat your User Content.


6.         RIGHTS WE GRANT TO YOU


6.1       In return for you complying with these Terms, we grant you a limited, non-exclusive, non-transferable licence to use Moar (including the Moar Content) for personal, non-commercial use ("Moar Licence"). You must obtain our permission before commercialising or monetising content via Moar. 


6.2       Moar and any other software made available to you via Moar is licensed (not sold) to you, meaning that we or the Moar Partners continue to own all copies of Moar and related software when it is running or installed on your device. The Moar Licence stays in effect for as long as you use Moar.


6.3       You may only use the Moar logo and brand with our permission and always in accordance with any brand guidelines we provide to you from time to time.


7.        RIGHTS YOU GRANT TO US


7.1     In return for operating, developing, providing, promoting, and improving Moar, when you stream or upload User Content via Moar you grant:


7.1.1  to us, a non-exclusive, royalty-free, everlasting, worldwide licence to use, copy, analyse, modify, adapt, display, perform, communicate, make derivative works from, transmit, and distribute your User Content in any format, on any platform and for any purpose (including for commercial purposes); 


7.1.2  to us, a royalty-free licence to use your username, voice, image, and likeness to identify you as the provider of any of your User Content; and


7.1.3  to other Moar users, an non-exclusive, royalty-free, everlasting, worldwide licence to view, download, use, copy, modify, adapt, display, perform, communicate, make derivative works from, transmit, and distribute your User Content in any format, either within Moar or via third party services, solely for non-commercial and non-professional purposes.


The licences granted at clauses 7.1.1 – 7.1.3 above are together the "User Licence". 


7.2    If you are a creator affiliated with a performing rights organisation, label, or agency (“Affiliates”), you are responsible for notifying the Affiliates of the royalty-free licences you grant to us and other users under these Terms, and for complying with any relevant reporting obligations to the Affiliates. You are responsible for ensuring that your use of Moar complies with any contract you may have with any Affiliate. If you have assigned your rights to a music publisher, then you must obtain the consent of this music publisher to grant the royalty-free licences in these Terms, or have such music publisher enter into an agreement with us. Just because you created a musical work does not mean that you have the right to grant the licences in these Terms. You understand that you will have no right to receive any income or other payment from the use of your User Content uploaded to Moar unless we agree this with you in writing.


7.3    If you think we could improve Moar, please let us know how by contacting us at at support@codices.io. If you provide any suggestions or feedback, you understand and agree that we can use your suggestions and feedback without paying or compensating you.


8.        YOUR ACCOUNT


8.1     You may use Moar without registering or setting up an account, but some features will be limited unless you create an account with us using either your email address, Google account, Facebook account or Twitter account.


8.2     Your account is your responsibility. Please make sure you create a strong password, never share it with anyone, and keep your account details secure.


8.3     You must not buy, sell, or rent your Moar account.


8.4     You must not create more than 1 account without our written permission. If we delete or suspend your Moar account, you must not create another Moar account without our permission.


8.5     Any mobile or data roaming charges you incur when using Moar are your responsibility.


9.        YOUR LEGAL RESPONSIBILITY


9.1     You confirm that:


9.1.1  you own or have the right to use the User Content you upload;


9.1.2   nothing you upload will interfere with the rights of anyone else; 


9.1.3   you have obtained all necessary consents, permissions or releases from anyone appearing in your User Content;


9.1.4   your User Content doesn't and won't break any law or regulation that applies to you or your User Content;


9.1.5   you and your User Content do and will comply with our User Rules; and 


9.1.6   the details you used when setting up your account are correct and you will update those details if they change.


9.2        We may remove your content or, where appropriate, suspend or stop your access to Moar if we reasonably believe that any of the confirmations you provide above aren't true.


10.        OUR LEGAL RESPONSIBILITY


10.1      Nothing in these Terms denies or limits responsibility for death or personal injury caused by negligence or fraud or any other loss or damage which cannot be denied or limited under law.


10.2      Unless the law says otherwise, we are not responsible for:


10.2.1   losses, damage, costs or expenses not caused by our breach of these Terms;


10.2.2    the actions or inactions of other users of Moar;


10.2.3    any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits) and where we could not have anticipated that type of loss arising when you agreed to these Terms;


10.2.4    any harm, loss or damage suffered by you or anyone else if Moar is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, failure of or delays in third party communications networks, acts of terrorism, or power failure).


10.3         We do not review User Content to check for copyright infringement. Because we have no control over User Content, you understand and agree that we are not responsible for any User Content that appears on Moar, including its accuracy or availability.


10.4         You understand and accept that your access to Moar depends on connectivity over communications networks and facilities that we don't control and that you may experience limitations, delays and other problems when using Moar because of your use of these networks and facilities. We are not responsible for any problems caused by your use of these networks and facilities.


10.5           We can't promise that the any content uploaded or posted to Moar by other users will be owned or controlled by those users or that this content will not infringe the rights of others. We can't promise that your use of Moar will be uninterrupted or error free, or that the information you get from Moar will be accurate, complete, current, or reliable. As long as we provide Moar with reasonable care and skill, we are not responsible for any loss or damage that you may experience as a result of any interruption or delay to your access to Moar.


11.               TERMINATION


11.1            Unless they are terminated by you or us, these Terms apply for as long as you use Moar.


11.2             You may terminate these Terms at any time by contacting us at support@codices.io or by deleting your account.


11.3              In addition to our right to remove any content from Moar, we may suspend, restrict or terminate your access to Moar or terminate these Terms (including the Moar Licence) if we reasonably believe you failed to comply with these Terms or our User Rules.


11.4              On termination of these Terms: (i) you must stop using Moar and delete and uninstall all copies of any of our apps and all related software and content from your device(s); and (ii) we may delete any data you submitted or provided via Moar, except where the law says we must keep it.


12.                THIRD PARTY SERVICES AND PARTNERS


12.1              Moar may include and link to features, websites and services (such as Instagram, SoundCloud, Twitter, Facebook, and YouTube) that are provided by third parties. We do not control these third party sites or services and are not responsible for the content of these sites or services. If we include a link to any of these sites or services, this does not mean that we endorse or are associated with them. The terms of that third party website or service will apply to your use of it and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use before using that third party service.


12.2                Through Moar we provide you with access to technology, content, and materials created by other people and companies (the “Moar Partners”). Through separate licence agreements with the Moar Partners, Moar has acquired the right to exploit this technology, content, and materials.


13.                   COMPLAINTS, DISAGREEMENTS, AND CLAIMS 


13.1                 You can complain or submit your opinion about Moar by contacting us at support@codices.io. This does not prevent you from making any legal claim or complaint to a regulator outside of this process.


13.2                 Unless the law doesn't allow it, the laws of England and Wales will apply to any disagreement or claim regarding these Terms and the courts in London, England will be the only courts allowed to resolve the disagreement or claim. If the courts in your country will not apply the laws of England and Wales, then the laws that apply where you are resident will apply to these Terms and the courts in the country where you are resident will resolve the disagreement or claim.


14.                   OTHER IMPORTANT LEGAL TERMS


14.1                 As far as permitted by law, we can transfer or sub-license our rights and obligations under these Terms to any company, organisation, or person.


14.2                 If you fail to comply with these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have given up our rights against you and (subject to statutory limitation periods) we will still be entitled to enforce our rights and remedies against you in relation to that failure to comply.


14.3                 If any provision or part-provision of these Terms is or become invalid, illegal or unenforceable, it will be considered deleted from these Terms.


14.4                 These Terms and any rules or policies they refer to contain the entire agreement between us and you relating to your use of Moar and apply instead of any previous agreements, arrangements, undertakings or proposals between us and you relating to the use of Moar.


15.                   CONTACT AND COMPANY INFORMATION


15.1                 If you have any questions or comments about these Terms, please contact us at: support@codices.io. If we have to contact you, we will send an e-mail to the address you provide to us when you create your account.


15.2                 Codices Interactive Limited's registered company number is 11418669 and our registered office is at Air Building, Penryn Campus, Treliever Road, Penryn, Cornwall, TR10 9FE.