MOJO Marketplace, Inc. ("MOJO") provides an online marketplace located at MOJOMarketplace.com (the "MOJO Marketplace") through which individuals may sell their products and services to third parties (the "End Users"). By uploading your products or services to the MOJO Marketplace you agree to the terms and conditions set forth in this agreement (the "Agreement"). This Agreement is a contract between MOJO and you ("Seller") and sets forth the general terms and conditions of your use of the MOJO Marketplace to sell your products and services. Please read this Agreement carefully.
MOJO may in its sole discretion change or modify this Agreement at any time. We will notify you in advance of any material changes to this Agreement and post a notice of such change on the MOJO Marketplace website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have to accept or reject changes, where required by law or otherwise made available. If no date is specified, your continued participation in the MOJO Marketplace after such changes shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to upload your products or services to, or sell through, the MOJO Marketplace and your sole remedy is to cancel your Seller account.
1. Seller Services
2. License Grant
3. Term and Termination
5. Compliance with Law
Seller shall comply with all applicable laws, including without limitation, all applicable data protection laws, including without limitation, the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”). To the extent the GDPR applies to Seller, Seller represents and warrants that Seller will clearly describe in writing how Seller plans to use any personal data collected by or transferred to Seller, including in connection with the sale of any Seller Services. Further, as a Controller (as that term is defined in the GDPR) of personal data, Seller shall implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Seller agrees to promptly assist MOJO in complying with any data subject rights request under the GDPR that MOJO may receive from any individuals who purchased Seller Services. Seller also agrees to promptly assist MOJO in complying with any duties to cooperate with supervisory authorities under the GDPR.
6. Seller Warranties and Representations
By uploading Seller Services to the MOJO Marketplace, Seller represents and warrants to MOJO that (i) Seller has all necessary rights to post or distribute the Seller Services and each component thereof, and (ii) Seller’s posting or distribution of such Seller Services does not infringe or violate the rights of any third party.
Seller shall indemnify, defend and hold harmless the MOJO Parties and their respective officers, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) the Seller Services, (ii) any breach or violation by Seller of this Agreement; or (iii) any of Seller’s acts or omissions. The terms of this section shall survive any termination of this Agreement.
8. Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Seller Service may be subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control ("OFAC"), Department of State, and other United States authorities (collectively, the "U.S. Trade Laws"). You may not use the Seller Service to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. Further, by uploading the Seller Service to the MOJO Marketplace, Seller represents and warrants that Seller is not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the MOJO Marketplace.
THE MOJO MARKETPLACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." THE MOJO PARTIES AND THEIR AFFILIATES, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. SUCH PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE USE OF THE MOJO MARKETPLACE WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOJO MARKETPLACE. NO ADVICE OR INFORMATION GIVEN BY MOJO OR MOJO'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
10. Limitation of Liability
THE MOJO PARTIES SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL MOJO BE LIABLE TO SELLER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF MOJO’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MOJO MARKETPLACE, INCLUDING FROM AN INTERRUPTION OF SERVICES, EVEN IF MOJO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MOJO PARTIES’ LIABILITY TO SELLER OR ANY PARTY CLAIMING THROUGH SELLER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY MOJO TO SELLER IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
11. Governing Law and Arbitration
Last Updated: October 20, 2017