The User acknowledges and agrees that the contents and/or services offered in this mobile App shall be used exclusively at his/her own risk and/or liability. The User agrees to use this mobile App and all its contents and Services in accordance with any applicable legislation, ethical principles and the public order, as well as complying with these Conditions of Use and any Specific Conditions that may, in each case, apply. The User also agrees to use the Services and/or contents of the mobile App in an appropriate manner and to refrain from using them to perform illicit activities or actions that constitute a crime, that infringe or violate the rights of third parties and/or that violate intellectual or industrial property regulations or any other applicable rules of the legal order.
Use of the App shall be limited to the User's private and personal sphere and, specifically, use of the App for commercial purposes is prohibited unless the User owns the copyright or has obtained the relevant rights or licenses to use all the images, audiovisual work, music, sound recordings, voiceovers and other materials included in the video created by the User for such purposes (hereinafter, the "User Content").
The User expressly warrants that the User Content and, in general, the videos contained in said content, do not violate any laws or infringe any third-party rights, including Intellectual Property Rights and other privacy rights, among others. If the User uses the App for commercial purposes of any kind and/or such party's User Content contains material that is protected by a copyright not owned by the User, such party warrants that he/she has obtained all the rights, licenses, consent and permissions required to use said material protected by copyright in relation to the creation and/or publication of said User Content through the App. In this regard, the User is expressly informed that song fragments or other audio or sound bites that could be provided by third parties through the App shall be protected by copyright, and therefore the User can only use them for private purposes, never for commercial purposes.
Mocapp shall not be held liable, nor does it accept any liability, for the User Content or the videos that any User may create with the App. Mocapp does not access or store the User Contents or their videos and therefore, has no control over them. The User shall be the sole party liable for the User Content and the videos generated, as well as for the purposes for which the User uses them, including the consequences of sharing or publishing them by any means and over any website or social network, including, but not limited to, Instagram, YouTube, Facebook, Snapchat, WhatsApp, Tiktok, Vkontakte and etc. Mocapp has no control over third-party websites or platforms, so any User who shares his/her videos in any such media does so for his/her own account and risk.
In addition, by way of illustration but without limitation or exclusion of any kind, the User also agrees: - To refrain from duplicating, reproducing, selling, leasing, renting, licensing, distributing or by any other means using the App (and/or its software) for any purpose other than that expressly authorized in these Conditions of Use. - To refrain from decompiling, modifying, reformatting, translating, performing reverse engineering, disassembling or by any other means accessing the source code. - To refrain from using the App to transmit, install or publish any kind of virus, malware or other damaging programs or files. - To refrain from using the App or creating videos for illicit purposes or to share, transmit or provide to third parties any kind of information, element or content that violates fundamental rights or infringes third-party rights of any kind.
The User shall be liable for any action that infringes or breaches the terms set forth in these Conditions of Use or any legal provisions that may apply, and accepts any and all liability deriving from his/her use of the App and the videos generated, as well as for any negligence or breach of these Conditions of Use, including any consequential loss and/or loss of profits that could derive from such party's actions.