Your use of MOJO Marketplace services is subject to the terms and conditions set forth in these MOJO Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights MOJO has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and MOJO and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us
This Agreement is an agreement between Mojo Marketplace, Inc., operating as MOJO (collectively, “MOJO”) and you ("User"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by MOJO, including without limitation Seller Services (as defined in Section 2), and of MOJOMarketplace.com (the “MOJO Website”) (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the MOJO 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 as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
The Services, include without limitation, a forum on the MOJO Website in which developers (“Sellers”) can upload, distribute, and sell products and services for the creation of themes and websites (collectively, the “Seller Services”). MOJO is acting only as a reseller or licensor of Seller Services. Sellers retain ownership of the Seller Services and grant MOJO a license to resell the Seller Services to Users. Your purchase of any Seller Services does not grant you an ownership or other exclusive interest in any of the Seller Services you may download from the MOJO Website. Your purchase of a Seller Service through MOJO may be subject to additional terms, such as the MOJO license terms (the “MOJO Theme License”) which can be viewed here: https://www.mojomarketplace.com/mojo-license. Any such additional terms will be provided to you upon your purchase. By purchasing a Seller Service, you agree to comply with all additional terms that apply to the Seller Service. If you do not agree to abide by the additional terms, you are not authorized to use or access the Seller Services. If there is a conflict between any additional terms and the terms of this Agreement, the terms of this Agreement shall prevail.
The Services are 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, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are 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, Sudan, 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 Services.
MOJO 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 YOU 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 OUR 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 SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES, OR ANY USER CONTENT, EVEN IF MOJO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOJO'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000). THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless MOJO and its affiliates and their respective officers, employees and agents 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 attorney's fees) threatened, asserted, or filed by a third party against any of the MOJO Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
The Services may contain links to other websites that are not owned or controlled by MOJO ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Fees Due. You will pay to MOJO all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases. MOJO may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by MOJO on the MOJO website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by MOJO through the User billing tool or other methods of communications and notices sent or posted by MOJO. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to MOJO's invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
Automatic Renewals. By purchasing the Services, you agree to allow MOJO to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, MOJO shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to seven (7) days prior to your renewal date and will take payment from the payment method we have on file. MOJO may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
Failure to Pay. If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by MOJO, including without limitation, any legal fees and MOJO's reasonable attorneys' fees. Accounts will not be activated or reactivated until all outstanding amounts are paid. Fraud. It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. Disputes. You have ninety (90) days to dispute any charge or payment processed by MOJO. If you have a question concerning a charge you believe is incorrect, please call us and we will investigate. Our phone number is 855-464-5345. If you initiate a chargeback, there may be a minimum charge of $15.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute.
Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel at least fifteen (15) days prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew on a month to month basis (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to seven (7) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving MOJO notice by phone or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in MOJO’s sole discretion. In the event of such cancellation, you may be obligated to pay a cancellation fee.
Disabling automatic renewal option. Please contact us at [ 855-464-5345] to disable the automatic renewal option.
Termination by MOJO. MOJO may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to MOJO; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm MOJO or others, cause MOJO or others to incur liability, or disrupt MOJO’s business operations (as determined by MOJO in its sole discretion); (iv) you are abusive toward MOJO’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, MOJO will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. MOJO reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Please note that when we contact you by email, such communications may not be secure and you should not provide any confidential or sensitive information via email. We are not liable for any unauthorized access to information you provide in violation of this section. We make no warranties of any kind with respect to the accuracy of the contents of any of our emails. If you require confirmation of the contents of any of our emails, please contact us.
Independent Contractor. MOJO and User are independent contractors and nothing contained in this Agreement places MOJO and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Headings. The headings herein are for convenience only and are not part of this Agreement. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of MOJO. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. MOJO may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.
Government Regulations. You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.
Marketing. You agree that during the Term MOJO may publicly refer to you, orally and in writing, as a User of MOJO to the extent permitted by applicable law. Any other public reference to User by MOJO requires your written consent.
Last Updated: Aug 2, 2017