This policy details the procedures established for the user to protect his or her data, as well as the purposes for which personal data is collected, the rights and procedures that must be exhausted to exercise these rights.
The policy will apply to any processing carried out by Mowies Inc., its employees, representatives, agents, and contractors.
The Company only carries out Processing of Personal Data, when it has been previously authorized by the Owner, implementing for this purpose, clear measures about confidentiality and privacy that will prevent corruption, loss, consultation, use or unauthorized access to or fraudulent use of Personal Data.
Information Collected and Purpose of Use
Mowies Inc. collects the information necessary to provide the service to all MOWIES users. Certain personal information that is obtained at the time of registering an account in MOWIES, such as the name of the user, e-mail address, telephone number, is collected with the prior express permission of the user and is stored in the profile of each user. Information is collected about the services used and details of the use. This information includes:
Device-specific information is collected (such as the hardware model, the operating system version, unique device identifiers and mobile network information, including the telephone number).
When the user uses the service provided by MOWIES, certain information is automatically collected and stored in the server logs. This includes:
- Search query history.
- Internet protocol address.
- Information about device events, such as blockages, system activity, hardware settings, browser type, browser language, Request URL date, and time and reference.
- Cookies that can uniquely identify your browser or your MOWIES account.
When the user uses the services of MOWIES, Mowies Inc. collects and processes information on the current location of the user, including IP address, GPS and other sensors that can, for example, provide information on nearby devices, Wi-Fi access points, and cell towers.
Mowies Inc. collects and stores information (including personal information) locally on the user’s device using mechanisms such as the storage in the Web browser (including HTML 5) and application data caches.
Cookies and similar technologies
MOWIES INC. uses the information collected to provide, maintain, protect and improve services, to develop new services and to protect users. This information is also used to provide personalized content, such as offering more relevant search results.
Access and updating of the user’s personal information
MOWIES INC. provides the user with access to the personal information that has been collected. If the information is incorrect, ways are made available to the user to update it promptly or to delete it, unless such information needs to be kept for legitimate commercial or legal purposes. In order for a user to update their personal information, their identity must be verified by using a password.
MOWIES INC. reserves the right to reject requests that are unreasonably repetitive, require a disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others or are impractical (for instance, requests for information residing on system backups).
Access to and correction of information shall be free of charge to the user, except in cases where a disproportionate effort is required. The aim is to maintain the services in a way that protects information from accidental or malicious destruction. Because of this, after deleting information from the database, it is possible that residual copies of active servers may not be deleted immediately, and that backup system information may not be able to be deleted.
Information to be shared
No personal information is shared with companies, organizations, or individuals outside Mowies Inc. unless the user has given their prior and express consent.
For legal reasons, personal information may be shared when necessary to:
- Comply with any applicable law, or at the request of a government entity.
- Investigation of possible infringements.
- Detection, prevention or resolution of fraud, security or technical problems.
- Protect against damage to the rights, property or security of Mowies Inc. users or the public, as required or permitted by law.
- Non-Personally Identifiable Information may be shared publicly with partners, such as publishers, advertisers or connected sites. For example, information may be shared publicly to show trends in the general use of MOWIES services.
Compliance and cooperation with regulatory authorities
(1) MOWIES INC. is a company established in Delaware, which is identified with tax identification number EIN 82-2522738 and with registered address at 251 Little Falls Dr, Wilmington, DE 19807, USA.
Terms of Service
While we will notify you of any significant changes to the terms of service, you should periodically review the updated version of the Terms of Service. Mowies Inc. may, at its discretion, modify or amend these Terms of Service and policies at any time, and you expressly agree that you will be subject to such modifications or amendments. Nothing stated in these Terms of Service shall be considered as granting rights or benefits to third parties.
Mowies Inc. constantly innovates in order to offer its users the best possible experience. As part of this ongoing innovation process, you acknowledge and agree that Mowies Inc. may need to interrupt (permanently or temporarily) the provision of the Services (or any function thereof) to you or to users in general, as a result of operational requirements such as those related to the security of the Services, your security as a user, or to the maintenance needs of the Services. You may stop using the services at any time and will not be required to specifically inform Mowies Inc.
These Terms of Service apply to all users of the Service, including but not limited to, users who also contribute Content to the Service. «Content» includes text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive functions and other materials that you can view in, access through or contribute to the Service. The Service includes all aspects of MOWIES, including all products, software, and services offered via the MOWIES website such as, for example, the MOWIES theater, and other applications.
The Service may contain links to third-party websites that are not owned or controlled by Mowies Inc. Mowies Inc., has no control over such websites, and assumes no responsibility for, the content, privacy policies, or practices of any website owned or under the control of third parties. In addition, Mowies Inc., cannot and will not censor or edit the content of any site owned or controlled by a third party. By using the Service, you expressly release Mowies Inc. of any and all liability arising from your use of a third party’s website.
Pursuant to the above, we urge you to remain vigilant when you leave the Service and to read the terms and conditions and privacy policies of any other website you may visit.
3. MOWIES Accounts
To be able to access the Service functions, you must create a MOWIES account. You should never use another person’s account without their consent. When creating your account, you must provide accurate and true information. You alone are responsible for the activity of your account, and you must keep the password of your account protected. You must immediately notify Mowies Inc. of any breach of security or unauthorized use of your account.
Mowies Inc., will not be liable for any losses that you report as a result of unauthorized use of your account and on the contrary, you may be liable for any losses caused to Mowies Inc. or third parties for such unauthorized use.
4. General Use – Service Permissions and Restrictions
At present, Mowies Inc. authorizes access and use of the Service per the Terms of Service, under the following conditions:
- You agree not to distribute by any means any part of the Service or Content without the prior written consent of Mowies Inc. unless MOWIES makes available the means for such distribution through functionality offered by the Service.
- You will not change or modify any part of the Service.
- You agree not to access the Content using technologies or means other than the Service’s own video playback pages or other methods expressly authorized by MOWIES.
- You will not use the Service for any of the following commercial uses, except with the prior written consent of MOWIES:
- Sale of access to the Service;
- The sale of advertising, sponsorship or promotions placed in or within the Service or Content; or
- The sale of advertising, sponsorship or promotions on any page of a blog with activated ads or an Internet site containing content posted through the Service, unless other material not obtained from MOWIES appearing on the same page and has sufficient value to be the basis of such sale.
- Prohibited commercial uses do not include:
- Uploading an original video to MOWIES or maintaining a theater in MOWIES to promote your business or artistic activity;
- Showing MOWIES videos through the player in a blog or website, subject to the advertising restrictions;
- Any use expressly authorized in writing by MOWIES.
When using the MOWIES Charger (MOWIES Uploader), you agree that it will be able to download and install updates from MOWIES automatically. These updates are designed to improve, accentuate and develop the Charger and can be realized as bug fixes, accentuated functionalities, new software modules or completely new versions. You agree to receive such updates (and authorize Mowies Inc. to deliver them to you) as part of your use of the Charger.
You agree not to use or launch any automated system, including but not limited to, “robots”, “spiders”, or “offline readers”, that accesses the Service in a manner that sends more requests to the MOWIES server in a certain period of time than a human could reasonably produce in the same period of time by using a conventional on-line web browser. However, Mowies Inc. grants permission for public search engine operators to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices available of the materials and only to the extent necessary for that purpose, but not caches or files of such materials. MOWIES INC. reserves the right to revoke this exception either in general or in specific cases. You agree not to collect or harvest any personally identifiable information from the Service, including account names, nor to use the communication systems available in the Service (e.g., comments, emails) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any user of the Service in relation to their Content.
When using the service, you must comply with all applicable laws.
Mowies Inc. reserves the right to discontinue any feature of the Service at any time. Mowies Inc. reserves the right to discontinue those features of the service without prior notice. If MOWIES discontinues a feature of the Service or removes content that you have paid for but not yet watched, Mowies Inc. will reimburse the amount paid.
5. Use of Content
In addition to the above General Restrictions, the following restrictions and conditions apply specifically to the use of the content.
The Content in the Service and the trademarks, service marks and logos (the “Trademarks”) contained in the service are owned or licensed in favor of Mowies Inc., subject to copyright and other intellectual property rights under applicable law.
The Content is provided on an AS IS basis. You may access Content for your information and personal use only as intended through the features provided in the Service and as permitted under these Terms of Service.
You will not download any Content unless you see a “download” or similar link displayed by MOWIES in the Service for that Content. You shall not copy, reproduce, distribute, transfer, broadcast, exhibit, sell, license or otherwise exploit any Content for any purpose without the prior written consent of Mowies Inc. or the corresponding licensor of the Content. MOWIES and its licensors reserve all rights not expressly granted in and for the Service and the Content.
Mowies Inc. may temporarily enable MOWIES to share content and invite new people to register in exchange for user benefits, either through access to free or promotional Content or by assigning credits for the payment of new Creations. The conditions shall be defined by Mowies Inc. in each case and may be modified unilaterally, informing users in a timely manner.
In any case, it is expressly prohibited to use fake or temporary emails for the registration of new users, as well as any other mechanism that seeks to abuse promotions or the Service, which is why Mowies Inc. is able to implement control mechanisms that allow verification of the identity of the new users and will proceed with the cancellation of accounts that cannot be verified.
Any purchase or benefit obtained from the service using fraudulent means shall be deemed invalid and shall not be recognized by Mowies Inc.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any Content or that establish limitations on the use of the Service or the Content thereof.
You understand that using the Service exposes you to Content from a wide variety of sources and that Mowies Inc. is not responsible for the accuracy, usefulness, safety or intellectual property rights of or related to such Content. You also understand and accept that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive by means of this waiver any legal or equitable rights or defenses you have or may have against Mowies Inc, whether monetary or otherwise, and to the extent permitted by applicable law you agree to indemnify and not to hold Mowies Inc., its owners, operators, affiliates, licensors, or licensees, accountable for any damages or claims in accordance with the relevant laws regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a MOWIES account holder, you can add Content to the Service, including videos and user comments. You understand Mowies Inc. does not guarantee confidentiality with respect to the Content that you upload to MOWIES.
You alone will be responsible for your Content and for the consequences of sending and publishing your Content on the Service. You affirm, declare and guarantee that: you own or have the necessary licenses, rights, consents, and permissions to publish the content you send and license to Mowies Inc., all patents, trademarks, trade secrets, copyrights or any other proprietary rights of and for such Content for publication in the Service in accordance with these Terms of Service.
You will decide the value or price users will pay to access your Content and this value will be taken as the basis for applicable commissions and payments. MOWIES allows you to invite users and promote your Content for free, in which case you expressly agree that the reproduction of your Content will not generate revenue through these channels.
For clarity, you retain all intellectual property rights corresponding to your Content. However, by uploading Content to MOWIES, you hereby grant Mowies Inc. a worldwide, non-exclusive, royalty-free, non-sublicensable, non-transferable, revocable and limited license to use, reproduce, promote, distribute, develop commercial pieces or other derivative works with, for advertising purposes, or for the purpose of publicizing and promoting the service and business of Mowies Inc. (and its successors, successors and affiliates) in any format and through any communication channel associated with the MOWIES service. You also hereby grant all users of the Service a non-exclusive license to view your content through the Service, and to reproduce and advertise the Content through the MOWIES platform or any current or future social network, as permitted by the functionality of the Service and in compliance with these Terms.
Both the Content and the licenses granted may be removed and revoked at any time by you. However, you understand and agree that Mowies Inc. may retain, but not display, distribute or communicate, the server copies of your videos that have been removed or deleted.
You agree that the Content you upload to the Service will not contain material protected by third party copyright or material protected by a third party under another right of ownership, unless you have the authorization of the legitimate owner of the material or are legally authorized in any other way to upload the material to the Service and to grant Mowies Inc. all license rights in accordance with these Terms of Service.
In addition, you agree that you will not upload to the Service any Content or other material that does not conform to the MOWIES Community Guidelines, which are replicated here and expressly accepted. These guidelines may be updated by Mowies Inc. You also agree that you will not upload any Content or other material that is contrary to applicable local, national and international laws and regulations.
Mowies Inc. does not represent, promote or support any Content posted on the service by users or other licensors or any opinion, recommendation or notice communicated through the Content, and Mowies Inc. is expressly released from any liability in relation to the Content. MOWIES does not allow activities that violate intellectual or industrial property rights on the Service and Mowies Inc. will remove any content if it is appropriately notified that such Content infringes the intellectual or industrial property rights of a third party. Mowies Inc., reserves the right to remove Content without prior notice, without any liability for Mowies Inc.
7. Content Removal
You may remove the Content you have uploaded to MOWIES through the functionality of the Service. From the date on which you request the removal of Content, Mowies Inc. will have a period of up to thirty (30) working days to remove the Content. During this period, users who have purchased the Content will have the right to reproduce it in their theater but will not be able to market it according to the Terms of Service. If you require immediate removal or within a shorter period than the aforementioned, you should contact Mowies Inc. directly.
8. Account Cancellation Policy
Mowies Inc. will cancel the user’s access to the Service, if it determines, according to the circumstances, that the user is a recurrent violator of the provisions of these Terms of Service.
Mowies Inc. reserves the right to decide whether Content violates the Terms of Service for reasons other than infringement of copyright, intellectual or industrial property rights, such as, but not limited to, pornography, obscenity or excessive length. Mowies Inc. may, at any time, without prior notice and at its discretion, remove such Content and/or cancel a user’s account for posting such material in violation of these Terms of Service.
9. PAYMENTS, TAXES, AND REFUNDS
You can acquire Content in our Services for free or at a cost, either of which is known as a “transaction.” Each transaction is an electronic contract between you and the entity or person who uploaded the content to MOWIES. When you acquire Content from MOWIES, the Content Provider is the trader or creator of the content; this means that you acquire the Content directly from the Content Provider and that the Content Provider is licensed by Mowies Inc.
Mowies Inc. will charge you according to your payment method (such as your credit card, debit card, gift card, payment reference or any other method available in your home country) for any paid transaction, including applicable taxes. All transactions are final. Content prices may change at any time. If technical problems unreasonably prevent or delay the delivery of the Content, your sole and exclusive remedy is either replacement of the Content or a refund of the price paid, as determined by Mowies Inc. From time to time, Mowies Inc. may refuse a refund application if evidence of fraud, refund abuse or other manipulative behavior is found that entitles Mowies Inc., to a corresponding counterclaim.
10. CASH OUT
‘Cash Out’ is a function allowed by the MOWIES platform, when the user has earned at least $100 in their MOWIES digital wallet through the sharing and recommendation of purchased creations. The Cash Out amount is calculated based on the current state of the digital wallet and is subject to change depending on the additional charges or fees applied by each of the payment platforms offered. If the value of «Cash Out» changes immediately after your request before the conclusion of the ‘Cash Out,’ the ‘Cash Out’ will be blocked unless you have opted to ‘accept all payment values’ in the settings. We reserve the right to withdraw or suspend ‘Cash Out’ offers without prior notice. The rates established by each marketplace or network may vary. It is your responsibility to review their websites for precise rates. Your bank may charge additional fees. Bank processing fees, landing fees or intermediary fees may be deducted from the amount received by your bank or any other payment provider that is not directly associated with MOWIES.
11. Copyright Policy
Mowies Inc. maintains a clear policy regarding any Content that is charged with a violation of third-party copyright.
If you believe that your copyrighted work has been published in MOWIES without permission, you can send us a notice of copyright infringement. Before doing so, you must check whether fair use or fair dealings provisions or similar exceptions apply. These requests can only be sent by the copyright owner or an agent authorized to act on behalf of the owner. If you decide to request the deletion of the content through a notice of infringement, you must be clear that you are initiating legal proceedings. Misuse of this process could result in the suspension of your account or other legal consequences.
As part of the copyright policy of MOWIES, it will terminate access to the Service if it is determined that the user is a repeat infringer. A repeat infringer is a user who has been notified of violations more than twice.
12. Freedom from liability for warranties
You agree that the use of the services will be at your own risk. To the extent permitted by applicable law, Mowies Inc. its officials, administrators (directors), employees, representatives, and agents are released from any liability under any warranty, express or implied, in relation to the services and your use thereof. Mowies Inc. does not guarantee or make any representations regarding the truthfulness or accuracy of the content of the website, or the content of any website linked to this website and assumes no civil or criminal liability for any (i) errors, inconsistencies, or inaccuracies of content, (ii) personal or property damages of any nature whatsoever resulting from your access to and use of the services, (iii) unauthorized access to or use of our restricted servers, or any and all personal or financial information stored on such servers, (iv) interruption or termination of transmission to or from our services, (v) any defect, bug, virus, trojan horse, or the like which may be transmitted to or through our services by any third party, or (vi) any error or omission in any content or for any loss or damage of any nature resulting from your use of any content posted, emailed, transmitted or otherwise made available in any other manner through the services.
Mowies Inc. does not guarantee, sponsor or assume any responsibility for any product or service promoted or offered by a third party through the services or any service connected by a hyperlink or promoted in any advertisement or any other type of publicity, and Mowies Inc. will not be partly or in any way responsible for controlling any transaction between you and a third party supplier of products or services. As in any purchase of products or services through any method, you should exercise your best judgment and take appropriate precautions.
13. Limitation of Liability
Under no circumstances shall Mowies Inc., its officials, administrators (directors), employees or agents be liable for any damages whatsoever whether they be direct, indirect, incidental, moral, special, punitive or consequential, resulting from (i) errors, inconsistencies in the content, (ii) injury or damage to property, of any kind, resulting from your access to and use of our services, (iii) any unauthorized access or use of our restricted servers and/or any personal and/or financial information stored within such servers, (iv) any interruption or termination of the transmission to or from our services, (v) any bug, defect, virus, Trojan horse, or similar that may be transmitted through or through our services by any third party, and/or (vi) any error or omission in any content or for any loss or damage of any kind resulting from your use of the published content, sent via email, transmitted or otherwise made available through the services, whether based on warranty, a contract, tort or any other legal theory, whether or not the company has been advised of the scope of such damages. The limitation of liability referred to above shall apply as broadly as permitted by the law applicable in the relevant jurisdiction.
You specifically recognize that Mowies Inc., shall not be liable for the content or defamatory, offensive or unlawful conduct of any third party and that the risk of harm or injury in relation to the above lies entirely with you.
The Service is controlled and offered by Mowies Inc. from its facilities in the United States of America. Mowies Inc. makes no declaration that the service is appropriate or available for use in other locations. Those who enter or use the service from other jurisdictions do so of their own free will and are responsible for compliance with local legislation.
To the extent permitted by the applicable law, you agree to defend, indemnify and not to hold Mowies Inc. its controlling entity, its officials, directors, employees and representatives accountable for any claim, damage, obligation, loss, liability, cost or debts and expenses (including but not limited to attorney’s fees) resulting from: (i) your use and access to the service; (ii) breach of any provision of these Terms of Service; (iii) violation of the rights of third parties, including but not limited to copyright, property or privacy rights; or (iv) any claim that its content has caused harm to a third party. This defense and indemnity obligation will outlive these Terms of Service and your use of the Service.
15. Ability to accept Terms of Service
You declare and acknowledge that you are an individual over the age of 18, or an emancipated minor, or parental or guardian consent, and that you are fully capable and competent of committing to the Terms, Conditions, obligations, provisions, declarations, and guarantees in accordance with that which is established in these Terms of Service, and abiding by and complying with them. In any case, you affirm that you are over 13 years of age, as the Service is not intended for children under 13 years of age. If you are under 13, we ask you not to use the Service. There are other great websites for you. Talk to your parents or guardians about the right websites for you.
These Terms of Service and any right or license granted in accordance with the terms of this contract may not be transmitted or assigned by you but may be assigned by Mowies Inc. without restriction.