Terms and Conditions
User Terms and Conditions
IN THESE TERMS AND CONDITIONS, “WE,” “US,” “ITS,” AND “OUR” REFER TO MOJONESS™ (“Mojoness”), AND “YOU” AND “YOUR” REFER TO YOU. BEFORE USING MOJOMARKETPLACE.COM (the “Mojoness Website”), PLEASE READ THIS AGREEMENT CAREFULLY, AS YOUR USE OF THE MOJONESS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT.1. ACCEPTANCE OF TERMS
Your use of the Mojoness Website is subject to the following terms and conditions (hereinafter the “Terms”). Mojoness may modify, add, or delete portions of these Terms at any time. We will post a notice of any significant changes to these Terms on the Mojoness 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 revisions to these Terms will become effective the earlier of (i) the end of such thirty (30) day period, (ii) the first time You access or use the Services after such changes, or (iii) as otherwise stated by Mojoness. Your continued use of the Mojoness Website after changes to these Terms are posted on the Mojoness Website will constitute your acceptance of such changes.
The Mojoness Website also provides communication tools such as a forum, a message board and/or other message and communication facilities (“Services”). Your use of a particular Service may be subject to specific guidelines, rules or additional licenses posted from time to time and incorporated by reference into the Terms. Use of the Mojoness Website and/or its Services constitutes full acceptance and agreement to the Terms; if you do not accept our Terms, you are not authorized to use the Mojoness Website or any of its Services.2. DESCRIPTION OF PRODUCTS/SERVICES AND LICENSE GRANTS
The Mojoness Website is owned and operated by Mojoness and its affiliates. The Mojoness Website offers a forum in which developers (“Sellers”) can upload, distribute, and sell products for the creation of themes and websites (“Products”).
The Products comprise and consist of the intellectual property (“IP”) of Sellers and are made available only under license (not sold). Mojoness has been granted a reseller license to the IP in each Product by the Seller(s). All Products downloaded from the Mojoness Website are subject to the Mojoness license terms (the “Mojoness Theme License”), which can be viewed here.
Your rights to access, download, and use any Product made available for download from the Mojoness Website are subject to the terms and conditions of the Mojoness Theme License as applicable to the particular Product(s) you download, and you agree to comply with such terms and conditions. If you do not agree to the Mojoness Theme License, you are not permitted to download or use any Products. Your use of any Product or of the Mojoness Website or Services does not grant to you an ownership or other exclusive interest in any of the Products you may download from the Mojoness Website.3. PRODUCT SUPPORT
For purposes of these Terms, “Support” shall mean:
(i) A reasonable level of email-based support from the Seller of the Product for the purpose of assisting with basic questions regarding the Product and its use, as well as access (at no charge) to any patches, bug fixes or new releases of the Product for the purpose of correcting any errors or defects; and
(ii) A reasonable level of email-based support from Mojoness with respect to issues involving the downloading of any Product, other issues involving the Mojoness Website or any failure of the Seller to provide support as set forth above. In no event, however, is Mojoness responsible for any Seller’s failure to support any Product.
Support additional to that set forth above may be provided by the Seller at your request and for an additional fee to be agreed between you and the Seller.
B. Single-Domain Support
If you choose the Single-Domain Support purchase option with respect to a Product, you are entitled to Support with respect to such Product for single domain use and a single application, for a period of one year from the date of purchase.
C. Five Domain Support
If you choose the Five Domain Support purchase option with respect to a Product, you are entitled to support for up to five domains for a period of one year from the date of purchase, provided that you either own such domains or are using the Product for the benefit of your own customers on such domains.
D. Developer Support
If you choose the Developer Support purchase option with respect to a Product, you are entitled to support for an unlimited number of domains for a period of one year from the date of purchase, provided that you either own such domains or are using the Product for the benefit of your own customers on such domains.
To purchase either Five Domain Support or Developer Support for a Product, please contact our support staff.
4. Mojoness Website Content and Your Contributions
Your rights to access and use of all information, data, text, graphics, or other materials appearing on the Mojoness Website, other than the Products made available for download, are limited such that you may only access, view, and print a single copy of any information about the Products, Support, services, or marketing and sales materials, and related content provided at the Mojoness Website (collectively, the “Mojoness Website Content”), solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms. You may not resell Mojoness Website Content you copy, download, or otherwise obtain from the Mojoness Website. You obtain only a limited use license. You may not use Mojoness Website Content for any unauthorized or unlawful purpose. If Mojoness notifies you that the manner in which you are using the Mojoness Website Content is prohibited or unauthorized, you may no longer use the Mojoness Website for any reason until otherwise notified. If you post any information, tags, comments, or other content (your “Contributions”) to the Mojoness Website or otherwise provide any Contributions to Mojoness, you hereby grant to Mojoness and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, and to grant to others rights to do any of the foregoing.
5. ACKNOWLEDGMENTS; LIMITATIONS; DISCLAIMERS
Ownership of the Product(s) uploaded for distribution and sale on the Mojoness Website remains with the Seller(s) uploading such Product(s). Mojoness does not obtain any right of ownership in the Products. Mojoness does not exercise editorial control over and does not take any responsibility for the accuracy, legal compliance, quality, or fitness for any purpose of any Products made available on the Mojoness Website.
Mojoness also does not exercise editorial or other control over the Contributions posted by Mojoness Website users and, as such, does not guarantee the accuracy, integrity, or quality of such Contributions. Under no circumstances will Mojoness be liable in any way for any Contributions, including, but not limited to, liability for any errors or omissions in any Contributions or for any loss or damage of any kind incurred as a result of the use of any Contributions posted, emailed, or otherwise transmitted via the Mojoness Websites.
In general, Mojoness does not pre-screen or review any Contributions posted by users of the Mojoness Website but reserves the right to refuse or delete any Contributions that it finds inappropriate for any reason and without notice.
By using the Mojoness Website, you may be exposed to Mojoness Website Content that is offensive, indecent, or objectionable. You must evaluate and bear all risks associated with the use of any Mojoness Website Content, including any reliance on the accuracy, completeness, or usefulness of such Mojoness Website Content.
YOUR USE OF THE MOJONESS WEBSITE AND THE MOJONESS WEBSITE SERVICES IS ENTIRELY AT YOUR OWN RISK. MOJONESS AND THE MOJONESS WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MOJONESS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE YOUR COMMUNICATIONS, PERSONALIZATION SETTINGS OR OTHER INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, USE, OR FURTHER DISTRIBUTION OF ANY MATERIAL FROM THE MOJONESS WEBSITE. MOJONESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, MOJONESS MAKES NO WARRANTY THAT (I) THE MOJONESS WEBSITES OR ANY MOJONESS SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN MOJONESS AND YOU OR ANY OTHER PERSON OR ENTITY, NOR DO THESE TERMS EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, MOJONESS DOES NOT AND CANNOT CONTROL THE ACTIONS OF MOJONESS WEBSITE USERS, VISITORS, OR LINKED THIRD PARTIES. MOJONESS RESERVES THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE MOJONESS WEBSITES OR ANY SERVICES. OPERATION OF THE MOJONESS WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILUE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR ANY OTHER COURSE OF ACTION BY MOJONESS OR ITS AFFILIATES. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS OF WARRANY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MOJONESS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, COSTS OF DELAY, ANY FAILURE OF DELIVERY, LOSS OF DATA, REVENUE, PROFITS OR GOODWILL, COSTS OF LOST OR DAMAGED DATA, DOCUMENTATION OR EQUIPMENT, OR LIABILITIES TO THIRD PARTIES) ARISING OUT OF OR RELATING TO THE MOJONESS WEBSITE, OUR SERVICES, ANY PRODUCT, OR THIS AGREEMENT, EVEN IF MOJONESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, TORT OR WARRANTY). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU (FOR ALL CAUSES OF ACTION), EXCEED $1000. 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 Mojoness and its affiliates and their respective officers, employees and agents from and against any and all third-party claims and demands and all associated damages, costs, and liabilities, including reasonable attorneys’ fees, arising out of your acts and omissions in relation to the Mojoness Website, including your submission, posting, or transmission of any content, and any violation of these Terms.
7. PROHIBITED ACTIVITIES
You agree you will not:
- Post content on the Mojoness Website that is copyrighted, protected by trade secret or otherwise subject to any third-party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have written permission from the rightful owner of such rights to post such content and to grant Mojoness a reseller license therein;
- Upload, post, email or otherwise transmit any submissions or other content that is unlawful, harmful, threatening, abusive, harassing, degrading, tortious, libelous, slanderous or otherwise defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Mojoness Website to harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or otherwise transmit any content that contains computer viruses or any other computer code, files, scripts, macros, or programs designed to alter, interrupt, destroy, or limit the operation of, or infiltrate any computer software, hardware, or computer systems or any data run through such computer system;
- Violate, intentionally or unintentionally, any applicable local, state, national or international law and any regulations having the force of law; or
- Collect or store personal data about other users. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that Mojoness may exercise its rights to delete any content you submit at any time and for any reason, without notice to you.
The Mojoness Non-Exclusive Reseller License and Exclusive Reseller License (collectively, “Reseller Licenses”) are incorporated in this Agreement and subject to these Terms.10. SECURITY
Mojoness has implemented measures designed to protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party despite our best efforts; and (d) Mojoness shall have no liability in connection with any of the foregoing.
It is your exclusive obligation to maintain and control passwords to the Mojoness Website, and you are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Mojoness of any unauthorized uses of the Mojoness Website and its Services or any other breaches of security. Mojoness will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to the Mojoness Website.11. CONTACTING US
You may contact us by email through our support page on the navigation bar.12. THIRD PARTY LINKS
Mojoness maintains links to other websites which it believes are operational and legitimate, although they are not operated, controlled or maintained by Mojoness. Mojoness is not responsible for the content of such websites and cannot guarantee that such websites will not change without our knowledge. The inclusion of such links on the Mojoness Website does not imply our approval of the linked sites or their content. If you navigate away from our web pages by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that our Terms no longer govern. You should review the applicable terms and policies of the new resolving website, including privacy policies.13. EMAIL DISCLAIMER
Please note that when we contact you by email, such communications are not secure. It is the responsibility of the recipient to make sure the message is virus-exempt. We are not responsible for any unauthorized alterations or modifications made to any of our email messages. We make no warranty 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.14. OUR LEGAL RIGHTS
These Terms and the relationship between you and Mojoness shall be governed by the laws of the State of Utah without regard to any conflicts of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah for any dispute arising out of these Terms or any other agreement referenced herein or your use of any Product or the Mojoness Website or Services. You hereby irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in such courts for all such matters and waive in advance any defenses to such exclusive jurisdiction and venue.
To the fullest extent permitted by applicable law, no claim under these Terms shall be joined to any other claim, including any claim involving any current or former User of our services, and no class action proceedings shall be permitted.
You agree that any cause of action arising out of or related to Mojoness or the Mojoness Website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.15. VIOLATIONS OF TERMS: DMCA
Please report any violations of these Terms or illegal or inappropriate content to the Mojoness Websites Support Manager through our support center. Our procedure for providing notice of and making claims of copyright infringement involving the Mojoness Website or any Product pursuant to the Digital Millenium Copyright Act (the “DMCA”) is specified here.Effective Date: April 1, 2013