Terms Of Use

FMI Terms of Use

IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

1. Acceptance of Terms

The following instrument consists of the terms and conditions governing your ("you" or "user") access to and use of  Fozi Mozi International Limited Partnership ("Company" or "We") proprietary mobile application generally known as Fozi Mozi & Tutti and the content, features and services therein, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, the "Services"). These FMI TERMS OF USE together with the FMI Privacy Policy available at https://fozimoziintl.wixsite.com/fozimoziapps/fozi-phone (the "Terms") constitute a binding agreement between you and Company, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at: https://fozimoziintl.wixsite.com/fozimoziapps/fozi-phone-terms-of-use. By continuing to use the Services following such modifications, you agree to be bound by such modifications.

1. License

Subject to the terms and conditions set forth herein and payment of applicable fees, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license may be terminated by Company at any time. As a precondition to using the Services and accepting these Terms you hereby confirm that you are over 18 years of age. You may sublicense the forgoing license by permitting your child (as a parent or authorized guardian) to use the Services under your supervision, provided that you are responsible and have provided us your reasonably verifiable consent to such use under the terms hereof and that you do not provide us any personally identifiable information in connection with your child.  

1. Limitations on Use 

You undertake to use the Services solely for personal non-commercial purposes. Except as specifically permitted herein, you agree not to (i) harass, intimidate, bully or threaten any person; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (iii) transfer, distribute, scrap, copy all or any part of the Services and/or the CompanyIPR (as defined below) and/or use the Services as a service bureau; (iv) syndicate any part of the Services or refer to the Services by use of framing; (v) make use of the Services in any jurisdiction where same are illegal or which would subject Companyor its affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use, including without limitation sending spam; (vii) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (viii) use the Services in a manner that is reasonably likely to bring any person or property into disrepute, including any use in advertising or promoting illegal behavior, hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual preference or any other subject matter that would be reasonably likely to be offensive or unflattering to any such person or proper, (ix) access the Services through or use with the Services any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services; (x) perform any act that destabilizes. interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (xi) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (xii) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; (xiii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; (xiv) download or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. You are solely responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you are not sure if such charges apply or what they may be, please ask your provider before using the Services.

1. Ownership of Proprietary Rights

The Services, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, services, texts, files, animation, images, sound, music, videos, various applications, organization, structure, specifications, Feedback (defined below), application "look and feel" and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the property of Company and/or its licensors who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above. 

"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

1. Your Content 

Your Content. You shall have sole responsibility and liability for Your Content (as defined in this Section 5 below). Company shall not be liable for any and all parts of Your Content and shall be entitled, under its sole discretion, to remove or edit any of Your Content at Company's sole discretion and without notice or explanation. Company does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of Your Content. You hereby grant Company a worldwide, irrevocable, perpetual, royalty-free license to use and fully exploit Your Content in any way at Company's discretion. You hereby waive any and all rights, demands and/or claims, whether past, present or future, in connection with Company's use of Your Content including, without limitation, any moral rights (including without limitation any accreditation rights) and/or rights to receive royalties.   

Representations and Warranties. You represent and warrant to Company that Your Content: (i) comply with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights and the right to privacy, (ii) do not contain any threatening, offensive, racist, hateful, threatening, violent, sexually explicit, obscene, libelous, defamatory or otherwise inappropriate, (iii) are free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).

"Your Content" shall mean any and all content that you send, upload or refer to through the Services including through related emails, including without limitation the information you fill out in the forms provided on the Services, any text, images, links, data or any other content or information.

1. Your Account

You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information. 

We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

1. Fees 

Fees. Some of the features provided on the Services (such as ad free Services) are subject to payment of fees according to Company’s then current price list applicable to the features that you select at the time you create your account ("Fees"). All Fees are non-refundable. Company may, at its discretion, at any time, change the Fees and/or payment method. You will be charged the Fees that arise from such changes only after a notice is provided, either by email and/or a prominent notice on the Services. By continuing to use the Services following such notice, you agree to be bound by such modifications. 

Taxes. The Fees are exclusive of taxes, if any,  which taxes will be borne by you. You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase. In the event that you are required by law to deduct and/or withhold any amount from any payments made hereunder the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to Company shall be equal to the Fees that would have been due to Company without such deduction or withholding.

1. Rewarded Video Ads

The Services may contain rewarded video ads. Rewarded video ads are full-screen video ads that users have the option of watching in full in exchange for in-app/in-Services rewards such as availability of certain features. To the extent you have subscribed to the Services on a fee-per-use basis, you will not view any rewarded video ads. Any other use of the Services contain rewarded video ads. If you do not wish to view rewarded video ads you may either subscribe to the Services on a fee-per-use basis, or refrain from using the Services.    

1. User Warranties and Representations

You represent and warrant to Company that: (a) you have, and will have at all times, all permits, consents, licenses and approvals for your use of the Services and as required to fulfill your obligations herein, including without limitation in respect of Your Content; (b) you and your use of the Services will comply with all applicable laws, regulations, rules and standards; (c) you are not located in or a national or resident of any of the countries or entities referred to in Section 3 (x) above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

1. Privacy

Company's privacy practices are governed by FMI's privacy policy, the most updated copy of which can be found at https://fozimoziintl.wixsite.com/fozimoziapps/fozi-phone-privacy-policy ("Privacy Policy"). 

1. Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY  IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION COMPANY IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE COMPANY  IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES MAY INCLUDE USE OF USER GENERATED, YOUR CONTENT AND/OR AUTOMATED CONTENT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT SUCH CONTENT SHALL NOT BE RELIED UPON OR TREATED AS AN ACTUAL RESPONSE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS IN RESPECT THEREOF. USE OF THE SERVICES IS AT YOUR OWN RISK. COMPANY DISCLAIMS ANY AND ALL WARRANTIES IN RESPECT OF ANY CONTENT PROVIDED IN CONECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION USER GENERATED CONTENT, YOUR CONTENT AND ANY OTHER CONTENT THAT IS: ILLEGAL, DEFAMATORY, OBSCENE, DISTASTEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, HARASSING, OR THAT IS DISCRIMINATORY BASED UPON RACE, GENDER, COLOR, CREED, AGE, SEXUAL ORIENTATION, OR DISABILITY; DEFAMATORY OR OTHERWISE VIOLATES ANY LAWS, RULES, REGULATIONS OR POLICIES OF ANY COMPETENT JURISDICTION.COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY  IPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1. Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY  AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, YOUR CONTENT, OR RELIANCE ON ANY OF THE COMPANY  IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED 100$.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

1. Indemnification

You agree to defend, indemnify and hold Company  and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (a) any use of your account; (b) Your Content; and/or (c) any breach of these Terms.

1. Third Party Content

The Services might include resources and content provided by third parties and may include links to third party services and resources or enable you to receive services directly from third parties, such as google or Apple adds and commercials. (collectively, "Third Party Content"). Company  is not and shall not be liable or responsible and does not endorse any Third Party Content and does not control its availability. Should you leave the Services via a link or use Third Party Content, you do so at your own risk. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content, as can be found in the following links:

 1.  Unity3d PP - https://unity3d.com/legal/privacy-policy

2.  Google admob - https://support.google.com/admob/answer/6128543?hl=en&ref_topic=2745287

3. IronSrc (https://platform.ironsrc.com/partners/terms-and-conditions);
4. Applovin (https://www.applovin.com/terms/, https://www.applovin.com/privacy/, https://www.applovin.com/dmca/, https://www.applovin.com/eula/);
5.Flurry(https://developer.yahoo.com/flurry/legal-privacy/tos.html?guccounter=1,https://policies.oath.com/xw/en/oath/privacy/enterprise/b2bprivacypolicy/index.html).

Notice and Takedown 

In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive, please file a detailed notice of complaint to Company  in the following link: office@wakwak.media, identifying such content and detailing the facts basis of your complaint and we will make reasonable efforts to remove the content. We will not be able to remove any content that was published outside the Services. You shall remove any of Your Content you shared, uploaded and/or posted outside the Services upon Company's first demand. 

Counter-Notification: If you elect to send Company a counter notice, to be effective it must be a written communication that includes the following: a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person 

1. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Company IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall: (i) immediately cease using the Services; (ii) pay all outstanding Fees; and (iii) the following Sections shall survive: 1,3-5, 7, 9-14, 16-18.

1. Governing Law and Jurisdiction. 

These Terms and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the Switzerland, without regard to the conflicts of laws provisions thereof.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms shall be the competent Courts of Zurich, Switzerland and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Good. 

1. General

(i)  if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii)  You acknowledge and agree that Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other elements of the Services or any part thereof; (iii) these Terms together with any payment terms related thereto are the entire agreement between you and Company regarding the subject matter herein and these Terms shall not be modified except as stated herein; (iv)  Company  may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company . Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Company any rights, remedies or other benefits under or by reason of these Terms; (vi) Company 's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company  as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (viii) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: shop@fozi-mozi.com 

Last updated May 30, 2018.