General Terms of Use
General Terms of Use, MOCHNI Media Group
Last updated: May 6, 2024
These General Terms and Conditions (as amended from time to time) govern your use of all MOCHNI Media Group services. If you do not agree to these terms, please do not use our service.
Please read the following Terms of Use carefully before using this Service. You should also read our Privacy Policy, available via links on the service.
1 Introduction
1.1 This service is operated by MOCHNI Media Group/Antonia Böhlke, Mansteinstraße 29, 20253 Hamburg/Germany.
1.2 When we use the term “service”, we mean any website, mobile site, app, application and/or other service, regardless of how distributed, transmitted, published or broadcast, as well as any pages and content associated therewith , which are under our control.
1.3 When we refer to “content” or “content” below, we mean all content, information and materials, including software, technology, text, links, posts, messages, emails, music, sound, graphics, images, Videos, games and all audiovisual or other materials available on or through the service, whether posted by us, our licensors, third party providers and/or our service providers, or by you and/or other users or third parties, uploaded, transmitted, sent or otherwise made available.
1.4 When we refer to “MOCHNI”, “we”, “us” and “our”, we mean MOCHNI Media Group, its companies and successors and each of our and their respective managers, officers, directors, members, employees, subcontractors, agents and representatives.
1.5 When we refer to “you” and “your”, we mean you as a user.
1.6 When we refer to a “search engine” we mean a free, publicly accessible database of information accessible on, through or via the Internet and which provides results in response to specific individual search queries as a short text excerpt and/or Thumbnail image may be displayed and a link to the website on which such information is posted, displayed or otherwise made available.
1.7 You agree that we may amend or change these Terms at any time. New terms and conditions will be effective immediately upon posting on the service. Your continued use of the service constitutes continued acceptance of these Terms, as updated from time to time. We therefore encourage you to periodically visit this page.
2.1 You must have full legal capacity or act with the consent of your parent or guardian to use the service. If you are under 16 years old, you cannot use the service.
2.2 Even if you are 16 years of age or older but not yet 18, we strongly recommend that you ask your parents for permission before sending any information about yourself to anyone over the Internet, and we encourage parents to inform their children to teach people about safe behavior when using the Internet.
3.1 The service may contain links to services provided or operated by third parties, including advertisers and other content providers. We have no control over such linked services and are not responsible for their content, functionality or legality. These third parties may collect data or request personal information from you; we are not responsible for the collection, use or disclosure of information that these services collect. If you link to any other service or website from this service, you do so at your own risk.
3.2 The service may also contain certain functionality, features and/or content hosted, managed, provided or operated by third parties, such as: B. social, community and public discussion areas, photo and video galleries, blogs, auctions, purchases and payment processing. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Compliance with such additional terms, conditions, contracts, agreements and/or rules is your sole responsibility and will not affect your continued obligation to comply with these terms and conditions. MOCHNI Media Group expressly disclaims any liability related to the acts or omissions of such third parties.
3.3 Any service that links to or otherwise interacts with this service may not
3.3.1 create a frame or other browser or border environment around our Content, unless previously agreed with us;
3.3.2 Copy, collect, index, scrape, automatically retrieve, mine, capture, extract, compile, source, aggregate, record, access, store, or republish any content from our Sites, databases or our feeds and for your own or public use Use, including, but not limited to, any purpose related to text and data mining and/or training or operation of any software or service that includes a Large Language Model, a Base Model (Foundation Model), machine learning (Deep Machine Learning), generative artificial intelligence (Generative AI) or any other process commonly referred to as artificial intelligence, unless otherwise agreed with us in advance or this is the case in the case of text and data mining, permitted for non-commercial purposes and all applicable legal requirements under copyright law are met;
3.3.3 give the impression that MOCHNI Media Group endorses or supports you or your products or services;
3.3.4 use any MOCHNI Media Group Trademark (as defined in clause 8.2 below) without our permission;
3.3.5 infringe the intellectual property or other rights of any person;
3.3.6 contain any content that could be construed as illegal, distasteful, offensive, controversial or otherwise harmful to the reputation or commercial interests of MOCHNI Media Group.
3.4 MOCHNI Media Group expressly reserves the right to request that any link or activity that violates these Terms be removed and/or discontinued and to take any other action we deem appropriate.
4.1 You may access and display content from this service on a computer screen or other device, print individual pages on paper (but not photocopy) and such pages in electronic form on a hard drive (but not on a server or other storage medium connected to a network ) for your own personal, non-commercial use. You may not make any commercial or other unauthorized use of any Content, whether by publication, retransmission, distribution, performance, caching or any other means or means. You agree to use the Service only for your own personal, non-commercial use and lawful purposes and you acknowledge that any failure to do so may subject you to civil and criminal liability.
4.2 Notwithstanding anything else in these General Terms of Use, you agree not to use the services:
4.2.1 in any way that violates any applicable local, national or international law or regulation;
4.2.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
4.2.3 with the aim of harming or attempting to harm minors in any way;
4.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable content guidelines set out below;
4.2.5 to transmit, or procure the transmission of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
4.2.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of computer software or hardware; or
4.2.7 to include any content, including without limitation photographs, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analyses, formulas, indices, directories, repositories or other information, copy, collect, crawl, index, scrape, mine, automatically retrieve, extract, compile, obtain, aggregate, collect, access any information available on or through our service store or republish, whether by automated or manual process or otherwise, for any purpose whatsoever, including but not limited to any purpose related to data mining and/or the training or operation of any software or service , to the extent that they include a large language model, a foundation model, deep machine learning, generative artificial intelligence (generative AI) or another process commonly referred to as artificial intelligence, but with Exception of text and data mining to the extent that this is permitted for non-commercial purposes and all legal requirements under copyright law are met, or to the extent that the aforementioned uses/activities are carried out for the purpose of indexing content for inclusion in a search engine.
4.3 Other than connecting to MOCHNI Media Group’s servers via HTTP requests using a web browser, you may not attempt to gain access to MOCHNI Media Group’s servers by any means, including, without limitation, through the use of administrator passwords or through disguising yourself as an administrator while using the service or in any other way.
4.4 You agree not to disrupt, alter or impair the service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with anyone else’s use of the service.
4.5 If the service allows downloading of software, e.g. For example, an App, you agree not to (or attempt to do or encourage others to): (i) use the Software or App for any purpose other than as expressly permitted by these Terms; or (ii) copy, adapt, modify, reverse engineer, decompile, disassemble, otherwise manipulate, create derivative works from, distribute, license, sell, transfer publicly the Software or App or any portion thereof exhibit, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted in these Terms.
From time to time, we may conduct contests, sweepstakes, free sweepstakes and promotions as part of the service. These are subject to our General Competition Terms and Conditions and/or separate terms and conditions provided in each case of such competition.
We reserve the right to post additional terms and conditions that apply to specific portions of the service from time to time. Such additional terms will be posted and clearly identified in the relevant portions of the service.
7.1 All Content and other material on the service is our property or that of our licensors (and is protected by international copyright, design, patent and trademark laws, international conventions and other laws protecting intellectual property and related proprietary rights) . All such rights are reserved by us and our licensors.
7.2 Text and data mining: The MOCHNI Media Group expressly reserves the right to use its content for commercial text and data mining in accordance with Section 44b UrhG.
7.3 You acknowledge that “MOCHNI”, “Conscious Loft”, “Ethiclick”, “ECO ALPHABET” and any other trademarks or logos owned by us within the service are trademarks of MOCHNI Media Group (the “MOCHNI Media Group Marks “) and that you may not use them without written permission from MOCHNI Media Group.
7.4 You agree not to remove, obscure or alter any copyright, patent, trademark or other proprietary rights notices appearing or displayed on the service. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, or create derivative works from any Content, other materials, or MOCHNI Media Group Marks on our service.
7.5 Making unauthorized copies of any content located on this service may result in a ban on your use of the Service and further legal action.
8.1 We respect the intellectual property and other rights of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, block access to users who violate the rights of others.
8.2 Copyright: If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, or that the service contains links or other references to another online location containing material or activity that violate your copyright, please contact us.
9.1 To the extent permitted by applicable law, you expressly agree that your use of the service is at your own risk. MOCHNI Media Group and its licensors, third party providers, suppliers, service providers and their respective officers, directors, members, employees, subcontractors, agents and representatives hereby expressly disclaim all warranties, express and implied, to the fullest extent permitted by applicable law, including, but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranties, conditions, guarantees or representations, whether oral, written or electronic, including but not limited to accuracy or completeness of any information contained therein or provided through the service.
9.2 MOCHNI Media Group does not warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions, loss of transmitted information or that viruses will not be transmitted via the service. We do not guarantee that you will be able to access or use the service at times or locations of your choosing or that we will have sufficient capacity for the service as a whole or in any particular geographical area.
9.3 MOCHNI Media Group is liable for contractual and other claims only for damages to the user (1) caused by MOCHNI Media Group, its legal representatives or vicarious agents intentionally or through gross negligence, (2) resulting from injury to life, body or health, which are based on a breach of duty by MOCHNI Media Group or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) in the event of the breach of an essential obligation, the fulfillment of which is the proper execution of the contract is made possible in the first place and compliance with which the user regularly relies and may rely on (“cardinal obligations”) by MOCHNI Media Group. In case (4), liability is limited to the foreseeable damage that is typical for the contract. In cases other than those mentioned in the preceding sentences, MOCHNI Media Group’s liability, regardless of the legal basis, is excluded, without prejudice to the following paragraph. The above limitations of liability apply accordingly to all bodies, employees and vicarious agents of MOCHNI Media Group. A change in the legal burden of proof is not associated with the above liability limitations.
9.4 MOCHNI Media Group does not endorse and does not warrant or guarantee any third party products or services offered through the service, nor is it involved in, or in any way monitoring, any transactions between you and third party providers of products or services responsible.
We have the right to terminate your use of or ability to access the service for any reason without notice.
The information that you provide to us about yourself or that we otherwise collect about you will only be processed by MOCHNI Media Group in accordance with ours. Data protection policy processed.
In case of complaints, the user can at any time contact the European platform for online dispute resolution in consumer matters: HTTP://EC.EUROPA.EU/CONSUMERS/ODR/. Please note that MOCHNI Media Group is neither willing nor legally obliged to take part in a dispute resolution procedure before a consumer arbitration board.
If any provision of these Terms is held to be invalid or unenforceable, the remaining Terms will remain valid and enforceable. These conditions are subject to and interpreted in accordance with the law of the Federal Republic of Germany. The legal provisions regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the user as a consumer has his habitual residence, remain unaffected.
If you need assistance or have any questions, please contact us at info@mochni.com.
MOCHNI, pronounced mo-kn-ee, is a Native American name with the meaning ‘talking bird’.
We honor the Native American tribal nations that inspire us with their spirit, craftsmanship and deep connection to nature. We educate and inform ourselves at Native Americans in Philanthropy (NAP), an organization that helps people better understand and advocate for issues important to Native American leaders, indigenous communities and tribal nations.
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