Terms of Use

These are the terms of use of Mooki B.V., registered at the Dutch Chamber of Commerce under number 64453588, hereinafter ‘Mooki’.

  1. Service of Mooki

    1. Mooki offers a user friendly online service for you to make a movie with your smartphone, tablet or computer and easily add text and images to that.
    2. The service of Mooki consists of the providing of an online platform with which made movies and content can be shared directly with (a separated group of) users.
    3. The content of the shared files and communication between users or between you and the services of Mooki is not controlled by Mooki. Mooki therefore does not control the quality, lawfulness, safety, correctness or integrity of all parts of its services.
    4. Due to the many technical factors, largely outside of the control of Mooki, Mooki cannot guarantee her services to always be available without malfunctions or interruptions.
    5. Mooki is not obliged to keep available archived versions of the agreement or archived files.
  2. Account

    1. To be able to use the services of Mooki you should create an account, possibly at the invitation of a third party who pays your subscription. After your account is created, you will make a profile of yourself as is required by the registration process.
    2. After the creation of your account and profile, you can share your movies in the way as chosen by you. Before sharing your movie, you can choose to either share it publically or with a separated group of users. If you choose to share it with a separated group of users, you should either invite the selected users or upload your movie in the protected area of your choice.
    3. You guarantee that the personal date you supply to Mooki, like your name and your email address, are complete, truthful and correct. It is not allowed to create accounts under an alias or in the name of somebody else, unless this other person gave you the order and permission to do so. You agree to Mooki registering and processing your data for managing your account.
    4. If you haven’t reached the age of 18, you have to have the consent of your parents or legal guardian for creating an account. By accepting these terms you guarantee you have reached the age of 18 of that you have the consent of your parents or legal guardian for creating your account.
    5. Your account is personal and you will not grant others access to the services of Mooki through your personal account. You are responsible for keeping your login credentials confidential. If third parties have used your account, you need to inform Mooki right away. Until the moment you have informed Mooki, you are liable for all the consequences and damages that might arise from the use of your account by third parties, even if this use happens without your knowledge or consent.
  3. Rules

    1. You guarantee you use the services of Mooki according to these terms and that you’re allowed to make use of these services. You also guarantee that you will obey all obligations that arise from these terms and from applicable rules and regulations and that you’ll respect the rights of others.
    2. You will make sure that the data and files added by you are lawful and appropriate and do not contain any pornography or infringements on rights of others, including the right to privacy and intellectual property rights.
    3. Mooki retains the right to remove or refuse (parts of) the added data and files from its service and website if Mooki finds it to be infringing, unlawful or inappropriate, whether or not as a result from complaints by others or when Mooki finds the risk of getting complaints to high. You indemnify Mooki for all claims of others that arise from the data and files you add.
    4. With the adding of data and files to the service and website of Mooki you will remain respectful towards others and you will refrain from spreading or using material that contains programs that could damage computer systems or could damage data or render data inaccessible or useless, erase or appropriate data or could circumvent technical protection measures of Mooki.
    5. By sharing files, data and/or material through the services of Mooki you guarantee you are the rightful owner thereof and you are fully entitled and authorized to grant Mooki the license as described in these terms. You VRIJWAART Mooki and all of its affiliated companies from claims of third parties that are based on the allegation that these files, data and/or material infringes any (intellectual property) right of the third party or are otherwise unlawful towards others and for all claims that arise from your acts in breach of these terms. Costs that Mooki suffers will be paid by you.
  4. Intellectual property rights of Mooki

    1. You acknowledge that the services and website of Mooki contain content, programs, files and designs of which the intellectual property rights are held by Mooki, its suppliers and/or other users of the services of Mooki. Nothing in these terms or on the website of Mooki intends to transfer any intellectual property rights.
    2. Under the conditions of these terms of use Mooki grants you a limited, personal, revocable, non-exclusive, non sub-licensable and non-transferable right to use the aforementioned content, design, files and programs in the manner and in the format that these files are made available through the services of Mooki.
    3. It’s expressly forbidden to download, copy, alter, make available the aforementioned content or use it or reuse substantial parts of it or repeatedly and systematically reuse non-substantial parts of it for direct or indirect commercial goals, unless Mooki or the lawful owner has explicitly given you the permission to do so.
    4. It’s not allowed to remove, obscure, hide or alter any notifications or statements on intellectual property rights.
    5. The license to use the services of Mooki does expressly not comprise any transfer of any intellectual property right of Mooki.
  5. Intellectual property rights of the user

    1. Under the conditions of these terms of use you will retain your own copyrights and other intellectual property rights on your movies and files that you make available through the services, the website or the app of Mooki.
    2. You acknowledge and agree to that by making films, files, data and/or material available through the services of Mooki, you automatically grant Mooki a royalty free, worldwide, sub-licensable, non-exclusive license to use the files, data and materials and process in the broadest meaning as part of its services.
    3. You acknowledge and agree to that by making films, files, data and/or material available through the services of Mooki, these will be used as part of the services of Mooki. You acknowledge that it’s possible that films, files, data and/or material made available by you could be used by others in ways that are in breach of these terms. Mooki accepts no liability for non-compliance with these terms of use by other users of the services of Mooki or other third parties’ illegal conduct.
  6. Privacy

    1. Mooki will protect your personal information according to Dutch privacy law.
    2. Mooki can use your data (logins, activity log, etc.) anonymously and statistically to improve its services and to research how people learn. Furthermore Mooki can provide the data of your usage of its services, in connection to your personal information, to the party or organization that is paying for your subscription.
    3. Mooki will cooperate in providing your personal information to third parties if this is necessary for compliance with a legal obligation or a court order.
    4. You are responsible for with whom or what other users of the services of Mooki you share your data and personal information.
  7. Subscription, prices and payments

    1. A subscription to the services of Mooki is concluded at the moment Mooki has received the amount stated on its website for the selected option and the subscription will be entered for the term as chosen by the one that pays the subscription fee. When set for payment by direct debit the subscription, after the initial subscription period has ended, will be tacitly renewed each time the subscription period ends.
    2. After the tacit renewal of the subscription in accordance with article 7.1, you can unsubscribe at any time with a notice period of one month.
    3. All prices of paid services or products offered by Mooki are in euros, excluding VAT, unless agreed otherwise.
    4. You will pay for the services of the Mooki according to the prices as mentioned on Mooki's website. Unless otherwise explicitly agreed, payment must be made when placing an order or enter into an agreement. When continuing paid services of Mooki on the basis of a fixed period Mooki is entitled to collect the payments in advance for the next subscription period. When continuing paid services of Mooki on the basis of an indefinite period Mooki is entitled to collect monthly payments in advance.
    5. Mooki is entitled to change prices without notice in advance. Prices on Mooki’s website are binding. Mooki is not bound to prices that contain obvious mistakes or errors.
  8. Suspension and cessation of services

    1. In addition to other legal remedies available to Mooki, Mooki is at any time and without giving any reasons and without prior explanation entitled to limit your activities in connection with its services or (temporarily) suspend its services or delete files, data and/or material, issue a warning, discontinue and/or delete your account temporarily or permanently, terminate its services and to refuse to provide services to you, especially if you breach with these terms of use or act unlawful or when your subscription is not paid or when Mooki believes that your actions are harmful to yourself or to others.
    2. If your use of a paid service of Mooki is terminated, for whatever reason, you are not entitled to a refund of paid subscriptions and Mooki shall not be liable for damages resulting from terminating your access or use of the services.
  9. Content of third parties

    1. It’s possible that the services of Mooki contain software, content and services of third parties and/or links to websites of third parties. The presence of this software, content and services does not mean Mooki has checked these or approves of them or of any usage of them by users of the services of Mooki.
  10. Liability

    1. Mooki is not liable for not liable for acts or omissions of its users, including sharing of content, files, data and/or materials made available through the services of Mooki.
    2. Mooki is not liable for damage due to force majeure or a default of its suppliers or due to tort of its suppliers, to the extent permitted by mandatory law.
    3. Mooki is never liable for consequential damages, including pure economic loss, loss of turnover and profit, loss of data and immaterial damage, related to or arising from the services of Mooki and/or your use of the website of Mooki.
    4. The limitations of liability of these terms of use do not apply if and to the extent there is intent or deliberate recklessness on the part of Mooki or its management.
  11. Other provisions

    1. All disputes relating to the use of the services of Mooki is governed by Dutch law. The court in the district in which Mooki has its office has exclusive jurisdiction.
    2. These terms of use may be changed by Mooki anytime. Check the website of Mooki for the most current version of the terms of use. If you continue your use of the services of Mooki after one or more changes to the terms of use, you irrevocably accept these changes.
    3. The nullity or nullification of one or more provisions of these terms of use shall not affect the validity and application of the remaining provisions.
    4. The interpretation of the Dutch version of these terms of use prevail over the interpretation of the English version.