OFFERED BY EXPRESSIONALITY INC. (“WE”). THIS AGREEMENT SETS FORTH THE LEGALLY
BINDING TERMS AND CONDITIONS FOR USERS (“YOU” OR “USER”) OF THE APPLICATION
‘MOODSNAP’ (THE “APP”) AND CONTENT FROM WEB DOMAIN MOODSNAP.FM (THE “WEBSITE”, And
COLLECTIVELY WITH THE APP, THE, “SITE”).
BY USING THE SITE OR SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
1.1.Expressionality Inc., is a Corporation registered in Delaware with its main office in Boston, Massachusetts.
Moodsnap is music application that is developed and wholly owned by Expressionality Inc.
1.2.The use of the Site, the App and the Service is limited to individuals who are Spotify premium members or
trial members. By installing the App on your iOS device or visiting the Website you are accepting the terms
and conditions herein. Every time you access the Site or use the Service you confirm your agreement with
third parties or partners.
1.4 The Site and Service are available only to individuals who are at least 13 years old. You represent and
warrant that if you are an individual, you are (i) at least 13 years old and (ii) if you are between the ages of 13
and 18, you have parental permission to enter into this Agreement and to use the Site and Service. We may,
in our sole discretion, refuse to offer any portion of or all of the Site and/or Service to any person or entity or
change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access
the Sites and Services is revoked in such jurisdictions.
effective immediately when we post them, and apply to all access to and use of the thereafter.
accept and agree to the changes. You are expected to check this page frequently so you are aware of any
changes, as they are binding on you. 3.General Terms
3.1.There is no general right to get access to Moodsnap and the usage is at one’s own risk. User
3.2. As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms
of Use. You are responsible for all of your activity in connection with the Service.
music playlists, written comments, information, data, photographs, software, scripts, graphics, and interactive
features generated, provided, or otherwise made accessible by Expressionality Inc, or its partners on or
through the service. 4.Services
4.1. The App integrates with data provided by the Spotify Platform. By listening to songs on the App, you are
listening to licensed music provided by Spotify. By contributing songs to the App, you are adding songs to
User-curated playlists through Spotify integration. By contributing songs to the App, you are opening up
opportunities for communication among our members, if your profile ranks on the App’s leaderboard. All
communication (with all features and functions provided for it), we use iOS as the technical platform, which is
subject to change at any future time.
4.2.The main features of the App are (1) to allow Users listen to music that subjectively relates to a mood, as
depicted in photographs that we provide (2) to allow Users to contribute music to the App by assigning a
manually searched song choice to a specific photograph. By crowd-sourcing our Users’ song choices, the
App continually proliferates new musical content. The listening experience is filtered to each individual Users’
taste, based on profile data provided by Spotify and from the User’s own song rating choices derived from
their use of the App. When a User contributes a song, all other Users in the Moodsnap’s community have the
chance of hearing that song, while listening to the same playlist (associated with that particular photograph)
When a song is favorited by a listener, it is saved in Spotify’s favorites for on-demand accessibility, and
likewise, the User(s) who contributed the song, earns social credit or kudos for their good taste. When a
User’s song contributions have earned enough credit at any one moment, in comparison with credit earned by
all other Users of the App, they will be given a temporary position on the App’s leaderboard. Other Users will
be able to see User names, and may be able to access a list of the songs that each User has contributed from
the App’s leaderboard. All results delivered are for the purpose of entertainment only.
4.3.At this time the Service and the App are available at no additional cost, however you must be a Spotify
Premium account member, or Spotify Premium trial member to use the App in it’s current version.
4.4.We reserve the right to implement premium features at a later point that require payment to certain
components of the Service.
4.5.We may offer additional components of the Service or modify or revise any the Service at our discretion,
and this agreement will apply to all additional components of the Service and the modified or revised Service
unless otherwise indicated. We also reserves the right to cease offering any pat of the Service. You agree that
Expressionality Inc. shall not be liable to you or any third party for any modification, revision, suspension or
discontinuance of any part of (including all) of the Services.
4.6.Without limiting the foregoing, unless expressly permitted herein or by Expressionality Inc., copying or
reproducing any software underlying the Site or Service to any server or location for further use, reproduction,
redistribution or other exploitation is expressly prohibited. 5. Messaging
5.1.We reserve the right to send out messages at our discretion within the iOS notification system, within the
App’s interface itself, from our newsletter, and from our social media profiles.
5.2. Users are able and encouraged to send us messages/feedback through a message form in the App, on
through the Website.
5.3 We reserve the right at our discretion to allow Users the right to communicate directly with other Users via
the App, through User profile communications or communications tied to the App’s leaderboard. 6.Registration
6.1. To register Users needs a valid Spotify Premium Account. Each user must login to the Service using their
Spotify User ID or email credentials associated with their Spotify account. A User who is new to Spotify may
use the Service after creating a Spotify account, under the maximum free trial period that Spotify allows
(currently 30 days), as outlined in Spotify Developer’s terms of service. After the Spotify trail period has
ended, the User will need to register for Spotify Premium in order to continue using Moodsnap.
6.2.We reserve the right to refuse registration of, or to cancel or disable any User’s account in our sole
discretion. You are solely responsible for activity that occurs on your account. You shall never use another
user’s account without such other user’s expressed permission. You will immediately notify Expressionality
Inc. via email at firstname.lastname@example.org of any unauthorized use of your account, or other account related
security breach of which you are aware.
6.3. If you are under the age of 13, then you are not permitted to register as a User or otherwise submit
personal information to Expressionality Inc. 7.Intellectual Property Ownership; License
7.1.The past, present and future content of the Site and Services, including, without limitation, software
graphics, text, images, photos, audio, videos, designs, databases, advertising copy, and the trademarks,
logos, domain names, trade names and service marks; any and all copyright material (including source and
object code); and all other materials related to the properties, including without limitation, the "look and feel" of
the application are protected by applicable copyrights, trademark rights, database rights and other proprietary
rights and are the property of Expressionality Inc, unless expressly owned by Spotify or another enitity. Except
Expressionality, no rights (either by implication, estoppel or otherwise) in or to the content are granted to you.
7.2.The copying, reproduction, re-arrangement, sale, renting, distribution, redistribution, modification or
adaptation, downloading, exchanging, creating of derivative works, uploading, posting, transmitting or
publication, directly or indirectly, of the content, is strictly prohibited. You agree to abide by any additional
notices or restrictions in respect of the properties contained in any part of the Site. Exploiting any part of the
permission from Expressionality Inc or the applicable property rights holder.
personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
a) Submit your Moodsnap music song selections via our Spotify API integration, strictly as permitted in
Provided that you:
a) retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices
contained in the original content or any permitted copy you may make of the content;
b) do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the
object code, software, or unique identifiers of the Site or Service (including, without limitation, software, HTML,
modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any
copy protection mechanism or access any rights management information.
c) do not insert any code, product or material to manipulate the content in any way that affects any User's
d) do not copy or seek to copy or “rip” any audio and/or audiovisual content from the Site or any part of the
e) do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise
8.1.Although you understand and acknowledge that Expressionality Inc, has no duty to prescreen, review,
control, monitor or edit the User content posted by users and is not liable for content that is provided by
others, you agree that Expressionality may, at its sole discretion, review, edit, refuse to accept or delete User
content, and song content at any time and for any reason or no reason without notice, and you are solely
responsible for replacing any content you post or store on the services at your sole cost and expense.
8.2.Expressionality Inc. claims no ownership or control over music content or your User content, except as
otherwise specifically provided herein, on the services or in a separate agreement. By submitting or posting
music content, photographs, images, or User content to the Site, you automatically grant, and you represent
and warrant that you have the right to grant, Expressionality Inc, its affiliates, licensees and successors an
irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform,
publicly display, reproduce, adapt, modify and distribute such submitted material and User content furnished
by you and to prepare derivative works of, or incorporate into other works, such information and User content,
and to grant and authorize sublicenses of the foregoing in any medium.
9.1.Users are not allowed to affect the operability of Moodsnap by technical activities such as for example the
execution of scripts, hacking, distribution of any malware etc.
9.2 Users may not search for other Users by name, and are only discoverable if Users earn a place on the
leaderboard. The only identifiable information other Users can see is the User’s name, thumbnail image as
provided by the User, and list of songs contributed by that User.
9.3 Harassment, stalking, bullying, inappropriate messaging, illegal behavior, or threatening behavior of any
kind is not tolerated and will result in permanent account deletion and when deemed appropriate by
Expressionality Inc., reports of said behavior will be filed with law enforcement officials.
9.4. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either
take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any
content on or through the service, including without limitation any User submission, that you know is false,
misleading, untruthful or inaccurate is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’); involves commercial activities and/or
sales without prior written consent from Expressionality Inc, such as contests, sweepstakes, barter,
advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs
that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data,
password or other information of Expressionality Inc. or any third party.
9.5.Expressionality has no obligation to monitor the site, service, content, or User submissions. However,
Expressionality reserves the right to remove, edit or modify any content in its sole discretion, including without
limitation any User submissions and to remove or block any User submissions from the service.
9.6.Expressionality is not responsible or reliable for the integrity of the data, relativity of music played to any
Users’ particular tastes, or for the subjective reaction, emotional or physical, of any User based on
photographs (“moodsnaps”) published to the Site, or for the music that Users’ associate with the mood elicited
in said photographs.
9.7.It’s forbidden to collect data of other Users without their explicit approval. The same rules are applicable
for usage of email addresses for commercial usage or undesired advertisement.
9.8.Expressionality Inc is not liable for any failure, forbearance, time out and loss of data during operation.
Expressionality Inc is not liable for technical failure and other problems of the systems such as servers,
providers based on technical problems and traffic jams. 10.Third Party Websites
10.1.The service may permit you to link to other websites or resources on the Internet, and other websites or
resources may contain links to the Site. When you access third party websites, you do so at your own risk.
10.2.These other websites are not under Expressionality Inc’s control, and you acknowledge that
Expressionality Inc., is not responsible or liable for the content, functions, accuracy, legality, appropriateness
or any other aspect of such websites or resources.
10.3.The inclusion of any such link does not imply endorsement by Expressionality Inc., Moodsnap, or any
association with its operators. You further acknowledge and agree that Expressionality Inc, shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or services available on or through any
such website or resource. 11. Share Links
11.1.There may be a share links on Moodsnap. We give you permission to use share link buttons so that
Users can post links or content from Moodsnap to other social sites such as but not limited to Twitter,
Facebook, Instagram, Twitter, SMS, and Email.
11.2.You give Expressionality Inc. permission to use and allow others to use such links and content on
12.User Account Credentials
12.1. At the present time, your Spotify Premium User account is your Moodsnap User credentials.
12.2. If a User decides to delete his account or remove Moodsnap from his or her device, Expressionality Inc.
has the right to keep or delete all his/her contents, data, and song contributions, within the Site’s operations
without further notification.
12.3. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely
responsible for the activity that occurs under your Account, whether or not you have authorized the activity.
You agree to notify us immediately at our customer support address (email@example.com) of any breach
of security or unauthorized use of your Account. 13.Indemnification
13.1.You shall defend, indemnify, and hold harmless Expressionality Inc., Moodsnap, its affiliates and each of
its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and
expenses, including reasonable attorneys’ fees, that arise from or relate to your use or access to, the Site, ,
you, or any third party using your account, of any intellectual property or other right of any person or entity. 14.Infringement Penalties
14.1.The strict observance of these terms is important to hold Expressionality Inc. fully operative. Therefore
Expressionality Inc. can impose sanctions if concrete evidence suggests that a User is infringing legal code,
third party rights, offend against good manners or these terms.
14.2.Furthermore Expressionality Inc can block or even delete incriminating, or inappropriate content, bound
to Expressionality Inc’s subjective definition of inappropriateness, without any preannouncement.
14.3.Choosing the sanction, Expressionality Inc. respects the interests of the User granting the right to be
14.4.Following sanctions are at Expressionality Inc’s disposal: Deleting of content, admonishment of the User,
temporary or infinite blocking or cancelation of the Users account.
14.5.Users with cancelled accounts are not allowed to re-register on Moodsnap.
– If a time comes where Expressionality Inc allows the uploading of content to Moodsnap:
15.1.Such copyrighted content as music, images and photographs, text and videos, must explicitly confirm to
be the legal copyright holder of this content. Expressionality Inc cannot control the content and is never liable
for illegally or unauthorized uploaded content. 15.2.The User is responsible to check if any rights of third parties could be infringed by the uploaded content itself, such as copyrights, trademarks, photo releases, location releases, or personality rights in pictures. This rule is to be especially respected for pictures of recognizable persons etc. 15.3.Expressionality Inc preserves the right, to remove such content or links without any preannouncement, insofar as concrete clues are given, that the publication of the content infringes legal codes or these terms. 15.4.If any third party makes Expressionality Inc., responsible for any use of content, the User is liable for any damage. It’s the Users duty to immediately inform Expressionality Inc., and provide with all relevant information in case third parties make Expressionality responsible. 15.5.The User must indemnify and hold Expressionality Inc., harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 15.6.Further compensation claims against the User keep untouched of the mentioned regulation. 15.7.All content made available on Moodsnap must not be copied, re-purposed, downloaded, or made available without the consent of Expressionality Inc. 15.8 The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA 512, is a U.S. federal law that provides a safe harbor to online service providers that promptly take down content if someone alleges it infringes their copyright. In accordance with this act, We has implemented procedures for receiving written notification of claimed infringements and for processing such claims. If you believe your copyrights are being infringed by material posted on our Sites by a User of the Sites, please follow the procedures outlined in our Copyright Policy that is available for viewing.
16.Disclaimers/Limitation of Liability
16.1. THE SITES, SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE SITES, SERVICES AND
CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND SERVICES IS AT YOUR SOLE RISK.
EXPRESSIONALITY INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. EXPRESSIONALITY INC. DOES NOT REPRESENT OR WARRANT
CONTENT AVAILABLE ON OR THROUGH THE SITES AND SERVICES ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. EXPRESSIONALITY INC. ALSO DOES NOT REPRESENT OR
WARRANT THAT (A) THE SITES OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C)
THESITES AND SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. Some
states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
16.2.Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Expressionality Inc.
16.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL EXPRESSIONALITY INC. OR ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS), OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, CREDITORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (B) DIRECT DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, B4140339.v2
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITES OR
THE SERVICES, INCLUDING, WITHOUT LIMITATION, USE OF, OR INABILITY TO USE, THE SITES OR
CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE SITES, IN EACH CASE, EVEN IF
EXPRESSIONALITY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
16.4. Expressionality Inc. is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any
e-mail or redemption to be received by Expressionality Inc. on account of technical problems or traffic
congestion online or on the Sites or at any web site, or any combination thereof including any injury or
damage to entrant’s or any other person’s computer related to or resulting from downloading any materials
from the Sites. If, for any reason, the Sites are not capable of running online as planned, including infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes
beyond the control of Expressionality Inc. that threatens or corrupts or adversely affects the administration,
security, fairness, integrity or proper conduct of any of the Sites, Expressionality Inc. reserves the right, in its
sole discretion, to cancel, terminate or suspend the use of the Sites and Services. CAUTION: ANY ATTEMPT
BY YOU TO DELIBERATELY DAMAGE ANY OF THE SITES OR SERVICES OR UNDERMINE THE
LEGITIMATE OPERATION OF ANY OF THE SITES OR SERVICES MAY BE A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EXPRESSIONALITY INC. WILL
TERMINATE YOUR USE OF THE SITES AND SERVICES AND RESERVES THE RIGHT TO SEEK
DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
17.1.Expressionality Inc., may terminate your access to all or any part of the Site or Service at any time, with
or without cause, with or without notice, effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership.
17.2.If you wish to terminate your account, you may do so by emailing firstname.lastname@example.org with the subject
line “cancel my account”, and provide us with your Spotify user ID, username, or email associated with your
account. We will then manually remove your account from our system. If you had contributed songs to
Moodsnap before cancelation, we have the right to keep the song in rotation in Moodsnap playlists after the
termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
[www.moodsnap.fm/privacy] and that is
incorporated into this Agreement by this reference, before providing any information. 19. Applicable Law
19.1. These terms and conditions shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, without regard to its choice of law principles to the contrary. Any dispute
arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston,
Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of
Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with
substantial experience in resolving intellectual property and commercial contract disputes, who shall be
selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures
of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable
expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in
connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or
application may be made to such court for judicial acceptance of any award and an order of enforcement, as
the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a
court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For
all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal
courts residing in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts over any such suit, action, or proceeding arising out of this
Agreement. Use of the Sites and Services is not authorized in any jurisdiction that does not give effect to all
provisions of the Agreement, including without limitation, this Section. 20.Miscellaneous
will otherwise remain in full force and effect and enforceable.
use of the Sites and Services, and supersede all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and Expressionality Inc. with respect to the use of the Sites
and Services. All waivers must be in writing. Expressionality Inc. shall not be liable for any failure to deliver
products or services or otherwise perform its obligations hereunder where such failure results from any cause
beyond Expressionality Inc.’s reasonable control. The Agreement is personal to you, and is not assignable,
transferable or sublicensable by you except with Expressionality Inc. 's prior written consent. Expressionality
Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any
attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and
inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency,
partnership, joint venture, or employment relationship is created as a result of the Agreement and neither
party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce
rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Except
as otherwise provided herein, all notices under the Agreement will be in writing and will be deemed to have
been duly given when received, if personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is
sent, if sent for next day delivery by recognized overnight delivery service.
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Acta Anaesthesiol Scand 2002; 46: 238–244 Copyright C Acta Anaesthesiol Scand 2002 Printed in Denmark. All rights reserved ACTA ANAESTHESIOLOGICA SCANDINAVICA Dimenhydrinate for prophylaxis of postoperative nausea and vomiting: a meta-analysis of randomized controlled trials P. KRANKE1, A. M. MORIN2, N. ROEWER1 and L. H. J. EBERHART21 Department of Anesthesiology, University of