Mojizu Terms of Service: Online Graphic Design Animated Character Community

Mojizu means Mojizu.com or BroadSpring–Sabet Ventures LLC, the owner for the site. The site is a community on the internet where artists who create character related art can get exposure, feedback, and potentially generate earnings from their artistic creations, and where the general public can come to view, rank and enjoy the artistic submissions of the community’s members.

Mojizu is a for-profit venture. Our objective is to provide channels to commercialize your art and then to share the profit generated with you. Art from the site is made available for sale on T-shirts and other similar merchandise and soon it will be available as content for mobile phones. It is also offered for free to community members as various types of digital downloads. When art is offered for free there is no direct revenue that is shared with the artists, but it does drive traffic to Mojizu in general and specifically to pages where the responsible artist receives credit and exposure for their art.

Mojizu can and does generate revenue for artists by exposing you to potential commercial customers who may want to hire you for projects or use and/or license your characters. Mojizu does not financially benefit in any way when a member of our community lands a job or licensing contract as a result of exposure they gain on Mojizu.

The site is a public space, so all users agree to abide by our etiquette policy and agree not to use the site for any illegal purposes

The important stuff:

When you upload your art to Mojizu.com, you affirm that you created all art that you submit and that you own the necessary rights that would allow you to submit the art and give us permission to use it in the ways described below:

You agree that:

Mojizu may display your art anywhere on the Mojizu.com web site.

Mojizu may incorporate your art onto T-shirts and then offer these items for sale on the site or on the Internet as a whole. We share the profits on the sales of your art with you, as outlined below:

1-250 Shirts 251-500 Shirts 500+ Shirts

$2 per shirt $1.50 per shirt $1 per shirt

(updated as of 06/01/07)

Mojizu may use your art to advertise and promote Mojizu.com. We may select your art to include on advertising (mostly web based advertising but could also be print) created for the purpose of bringing in more traffic to the site (which in turn benefits all of the artists on the site).

Mojizu may offer your art to members of the site as free downloads. This applies to art that is submitted by you with your Moji which you specifically identify as a download – i.e. wallpaper, avatars etc… are offered to members for free. If you don’t want your art downloaded in this manner, please don’t submit downloads with your character art submissions.

Mojizu may make your art available for free downloads as part of our Mojicon Dispenser application. This is a free downloadable application that lets people insert character art from the site into their emails and instant messages. This application is sponsored by Yahoo. When a person downloads the Mojicon Dispenser they also receive a Yahoo Internet Search box for their browser. Mojizu receives a share of the paid advertising revenue generated by click-throughs from Yahoo – currently this revenue is NOT shared with artists. However, when your character is used in this application it is hyperlinked back to a page in Mojizu that includes your profile – the goal there is to generate exposure for you when someone clicks on your character.

Mojizu may offer your art for sale on mobile phones. This is a new feature of Mojizu.com which is coming in the next 30-60 days. We are building a consumer page where people can buy particular art for use as mobile cell phone wallpaper. Profit from the sale of your art for use as mobile phone content will be split with you on a 50/50 basis.

Mojizu may display your art in an annual hard copy book that surveys the best art on the site.

How long does Mojizu retain these limited rights?

The rights you assign to Mojizu are for three years from the date it is uploaded on the site. The three year period automatically renews unless you notify us in writing more than thirty days before the end of the three year period that you want your character art removed from the site at which point our rights end (except for our ability to sell off any existing inventory of items we may have).

What happens if somebody violates your copyright in the art that you upload?

Even through we don’t own your copyright, if somebody takes your art from Mojizu and uses it in a manner that violates what is permissible, then we will use our commercially reasonable efforts to get them to stop, which may include taking legal action. We know you have put a lot of effort in your creation and we respect that. For this reason, we want you to be assured that by uploading your art to Mojizu, you gain an instant ally in protecting the work that appears on our site. This doesn’t mean we will go out and sue every person that violates your rights, but we do care and we will do what we can to help.

The boring (but necessary) stuff:

The terms above are just a “plain words” summary of our Terms of Service, which is detailed below and which governs your use of Mojizu. Please read these terms carefully.

1. TERMS AND CONDITIONS OF SERVICE: PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS SITE. This site is an online service ("Service") provided by Broadspring-Sabet Ventures LLC, a limited liability company operating this site as Mojizu.com (hereinafter “Mojizu.com”), that provides, among other things, a location where artists who create character art, clip art, or pictures can come to get exposure, feedback, and potentially generate earnings from their artistic creations, and where general visitors can come to view and rank the artistic creations. By continuing to use or access this site, you AGREE TO THESE TERMS AND CONDITIONS OF SERVICE ("TOS"). The TOS may be modified by Mojizu.com at any time and without prior notice. By using or accessing this site, or any Service offered or otherwise associated with this site, after any modification of the TOS, you AGREE TO THE TERMS AND CONDITIONS OF SERVICE, as modified.

2. UNLAWFUL USE AND CONDUCT: Your use or access of this site constitutes your acceptance to comply with all applicable U.S. laws. You further agree not to use the Service for illegal purposes.

3. MEMBERSHIP: One or more portions of this site may be accessible only through prior registration as a member ("Member"). Registration requires you to select a unique member identification ("ID") and a password. By registering, you agree not to: (1) use a member ID already in use by another Member, and (2) use a member ID that Mojizu.com, in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mojizu.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mojizu.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mojizu.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mojizu.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are required to have a parent or guardian review and complete the registration process. Please see our privacy policy.

4. MOJIZU.COM PRIVACY POLICY AND ETIQUETTE POLICY: Your use of the Service is subject to Mojizu.com’s privacy policy and etiquette policy. For information on Mojizu.com’s privacy practices and etiquette policy, please see the privacy policy and the etiquette policy.

5. MOJIZU COMMERCE: By uploading certain of your Content on Mojizu.com, you may have the opportunity to earn revenue in connection with the merchandising and other commercialization of such Content by Mojizu.com (the “Commerce Services”). These services are, and will at all times be, subject to this TOS. By utilizing the Commerce Services, you agree to be bound by and subject to these terms and conditions, and agree that references to the Service in this TOS include specifically the Commerce Services provided by Mojizu.com from time to time.

(a) Commerce Services: By uploading any Content that is, in Mojizu.com’s sole discretion, determined to be artwork, character art or any other form of character depiction (including any image, photograph, video, drawing or other depiction of a character, person, animal, robot, or other representation) (collectively, “Character Art”), you grant to Mojizu.com during the Term a non-exclusive license to merchandise and otherwise commercialize your Character Art, in connection with various products and services, such as T-shirts, coffee mugs, mouse pads, books and other tangible or intangible products (including, but not limited to, as screensavers, wallpaper, mobile content for cell phones and other mobile devices, and other digital/electronic media) determined by Mojizu.com from time to time, including on or off the Internet in general, and on or off of www.mojizu.com, in each case as more fully set forth in Section 6. When Mojizu.com actually receives revenue in connection with your Character Art, you will receive 50% of the gross profit of the sale. “Gross profit” is defined as sales price, less credit card and bank charges, shipping costs, taxes charges (if any) and direct product costs, with Mojizu.com to receive the remaining 50%. Under no circumstances will you receive compensation from Mojizu.com unless Mojizu.com actually receives revenues in connection with your Character Art. You understand and agree that Mojizu.com may, but will not be obligated to, offer the Commerce Services, however, unless you opt-out of the auto-merchandise program at the time you upload your Character Art, Mojizu.com does agree to make your Character Art available for purchase on at least t-shirts, mouse pads, and coffee mugs on the www.Mojizu.com web site within thirty (30) days of your uploading such Character Art to the www.Mojizu.com web site. The price and manner of any marketing or advertising of your Character Art shall be made in Mojizu.com’s sole discretion. Any decision to merchandise or commercialize your Character Art as set forth above will be made by Mojizu.com in its sole discretion. You acknowledge that Mojizu.com may, at any time and in its sole discretion, cease offering the Commerce Services, with or without notice to you.

(b) Reported Earnings: In the event that Mojizu.com actually receives revenue in connection with your Character Art, your share of any earnings generated from such Character Art will be reported to your Mojizu Earnings Account. You understand and agree that (i) Mojizu.com may adjust, both up or down, any reported earnings balances as may be necessary or required to reflect payment adjustments implemented, failures to pay, or other reasons caused by third parties, and (ii) the reports of earnings set forth in your Mojizu Earnings Account will include such information as will be determined by Mojizu.com from time to time in its sole discretion, and will be conclusive, final, and binding on you, will constitute an account stated, and will not be subject to any question or dispute by you for any reason whatsoever.

(c) Payment of Reported Earnings: The earnings reported in your Mojizu Earnings Account will be sent to you periodically, as will be determined by Mojizu.com from time to time. Without limiting the foregoing, you acknowledge and agree that you will not have any right to receive your reported earnings until such time that (i) Mojizu.com receives a corresponding payment from any applicable third party (i.e. for the corresponding activity that gave rise to your reported earnings), and (ii) you provide to Mojizu.com certain tax-related information that Mojizu.com may require from time to time to remain compliant with tax laws. Your tax-related information will be securely stored and used for tax purposes only, and will at all times be subject to Mojizu.com’s Privacy Policy.

(d) Loss of Reported Earnings: There are several ways in which you may lose your ability to receive your reported earnings, including, without limitation, the following:

(i) if you in any way violate or otherwise breach this TOS.
(ii) if you cancel your membership and, at the time of cancellation, your reported earnings are less than a minimum balance amount designated by Mojizu.com from time to time (the entire portion of such amount would be forfeited at the time of cancellation)
(iii) in addition to the above, if you cancel your membership, and fail to withdraw your reported earnings prior to canceling, or prior to the end of a designated time after canceling that may otherwise be permitted by Mojizu.com, or
(iv) if Mojizu.com ceases providing the Commerce Services in its sole discretion and you fail to withdraw your reported earnings in the time period permitted by Mojizu.com.

BY USING THE COMMERCE SERVICES, YOU ACKNOLWDGE AND AGREE THAT MOJIZU.COM SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE OBLIGATED IN ANY MANNER TO REPAY YOU FOR, ANY LOST EARNINGS.

(e) You understand that Mojizu.com will be holding reported earnings on your behalf in accordance with this TOS, and acknowledge and agree that Mojizu.com may, in its sole discretion, hold such reported earnings in any manner it deems appropriate, including, without limitation, in an interest-bearing or non-interest bearing bank or other financial account, and you shall not be entitled to receive, and shall not be credited with, any interest or other earnings received by Mojizu.com therefrom.

(f) For the purposes of this TOS, the term of the rights granted in this Section 5 and in Section 6, with respect to your uploaded Character Art (the “Rights Agreement”), will commence on the date you upload an item of Character Art and will continue for a period of three years thereafter (the “Initial Term”), unless terminated earlier pursuant to this paragraph. The Rights Agreement will automatically continue following the Initial Term for successive three (3) year terms (each an “Extension Term” and together with the Initial Term, the “Term”) unless you provide Mojizu.com written notice of termination for any reason at least sixty (60) days prior to the expiration of the Initial Term or any then existing Extension Term. For the avoidance of doubt, and as an example, if you upload a piece of Character Art to the Mojizu.com web site on January 1, 2006, the Initial Term will continue until December 31, 2009 and will be renewed automatically for a period of three (3) years unless you provide written notice to Mojizu.com that you wish to terminate by October 31, 2009. If you subsequently upload a second piece of Character Art to the Mojizu.com web site on February 1, 2006, the Initial Term with respect to the second piece of Character Art will terminate on January 31, 2009, and will be renewed automatically for a period of three (3) years unless you provide written notice to Mojizu.com that you wish to terminate by November 30, 2008. Stated otherwise, a new Term will commence with respect to each piece of Character Art you upload.

Upon termination of the Term with respect to an item of Character Art, all rights granted to Mojizu.com pursuant to Sections 5(a), 6(b), 6(c), and 6(d) shall terminate. However, end consumers or other users will continue to have the right to use any products, services, or emoticons incorporating your Content after Term.

6. INTELLECTUAL PROPERTY: Mojizu.com does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you grant Mojizu.com:

(a) a world-wide, royalty-free, and non-exclusive license to reproduce, perform, display, distribute, sublicense and publish your Content (including, without limitation, your Character Art) for purposes of using, displaying, making available and otherwise operating Mojizu.com, including, without limitation, for purposes of permitting other Members to use, transmit, download and otherwise display or reprint your Character Art for their personal use, and promoting the Service on or outside of the Internet (including, without limitation, on www.mojizu.com or on any other World Wide Web site determined by Mojizu.com in its sole discretion from time to time);

(b) a world-wide, non-exclusive license to use, reproduce, modify, adapt, perform, display, distribute, sublicense, market, promote, advertise, merchandise and otherwise commercialize your Character Art in any and all media on or outside of the Internet (including, without limitation, on www.mojizu.com or on any other World Wide Web site determined by Mojizu.com in its sole discretion from time to time) during the Term in connection with the sale of products and/or services, including, but not limited to, on t-shirts, mouse pads, and coffee mugs and such other tangible or intangible products and/or services (including, but not limited to, as screensavers, wallpaper, mobile content for cell phones and other mobile devices, and other digital/electronic media) as Mojizu.com determines in its sole discretion from time to time;

(c) a world-wide, non-exclusive right during the Term to determine in its sole discretion how it merchandises or otherwise commercializes your Character Art, including, but not limited to, the selection of your Character Art, if any, that will be incorporated into products and/or services to be offered and sold, the selection of the products and/or services that will incorporate your Character Art, how your Character Art will be incorporated into the offered products and/or services, the prices at which such products and/or services incorporating your Character Art will be offered, and how such products and/or services will be distributed and provided, including, whether or not such products and/or services will be provided on or outside of the Internet, and whether or not such products and/or services will be provided on or outside of www.mojizu.com;

(d) a world-wide, royalty-free, and non-exclusive license during the Term to reproduce, modify, adapt, perform, display, sublicense, and publish your Character Art as an emoticon, and to distribute your Character Art as an emoticon to third parties for their use, whether through the Internet or through the use of a software application; and

(e) following the termination of the Term, a world-wide right to continue to distribute and sell Mojizu.com’s remaining inventory of the products that incorporate your Content for a period not to exceed sixty (60) days following such termination (the “Sell-Off Period”).

If Mojizu.com uses, displays, merchandises or otherwise commercializes your Character Art, including, without limitation, on products, services or emoticons, credit will be provided to you as the author of the underlying Character Art, and where appropriate, a link or other accessibility to your Content on Mojizu.com will be provided, in each case as may be determined by Mojizu.com from time to time.

Except for member-contributed Content, the www.Mojizu.com web site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The web site and all the content contained therein is, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Service you agree to comply with all Federal and State laws that protect Mojizu.com's proprietary interest in the content and other material on the www.Mojizu.com web site. Except as expressly authorized by Mojizu.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

You acknowledge and agree that Mojizu.com and any and all content contained therein, including any Content posted by Members (including, without limitation, Character Art) may be used, transmitted, downloaded, displayed and/or reprinted for personal use only. For the avoidance of doubt, you may not use, transmit, distribute, upload or otherwise display any Content located on Mojizu.com, including, without limitation, any Character Art, on any commercial website or any in any other medium intended for commercial purposes.

Mojizu.com does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Mojizu.com representative, any material, information or idea you transmit to Mojizu.com by any means may be disseminated or used by Mojizu.com or its affiliates in accordance with this TOS without liability to you. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Please see our privacy policy.

7. MOJICONS: By uploading your Character Art on Mojizu.com, you authorize Mojizu.com to, among other things identified in Section 6, use and display, and permit others to use and display, your Character Art as an emoticon that may be distributed to third parties on Mojizu.com or through a software application. These emoticons will be referred to from time to time by Mojizu.com as “Mojicons.” You will not receive any revenues from the use of your Character Art as a Mojicon, however, you will receive credit as the author of the Character Art underlying the Mojicon, either directly, or through a link connected to that Mojicon which navigates users to Mojizu.com or to your Content on Mojizu.com, in each case as may be determined by Mojizu.com from time to time.

8. MOJIZU COMPETITIONS: From time to time, Mojizu.com, in its sole discretion, may hold competitions during which artists may submit their Content, and have the opportunity to win rewards. The rules and terms of any such competition to be held by Mojizu will be posted at our website in advance of any such competition, and such competitions will comply with all applicable local, state, and federal laws.

9. MEMBER AND NONMEMBER CONDUCT: You understand and agree that all information, data, text, software, images, artwork, character art, music, sounds, photographs, graphics, video, messages, or other materials (collectively, the “Content”) are the sole responsibility of the individual or entity from which such Content originated. Mojizu.com is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any Member or other originator of said content. This means that you, and not Mojizu.com, are entirely responsible for all Content that you post, display, upload, store or transmit through the Service. Mojizu.com cannot guarantee the truthfulness, authenticity, quality, or accuracy of said Content. Under NO CIRCUMSTANCES IS Mojizu.com LIABLE FOR ANY OF SAID CONTENT, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Mojizu.com and its designees does not pre-screen Content, but that Mojizu.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Mojizu.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Any decision to refuse, move, or remove content is within the sole discretion of Mojizu.com, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the TOS may be grounds for immediate termination of your membership. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mojizu.com or submitted to Mojizu.com. YOU FURTHER REPRESENT AND WARRANT THAT ANY CONTENT THAT YOU UPLOAD, POST, TRANSMIT, OR DISPLAY THROUGH MOJIZU.COM (A) IS OWNED BY YOU, AND (B) DOES NOT INFRINGE ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO UPLOAD, POST, TRANSMIT, AND DISPLAY SUCH CONTENT FOR THE USES OUTLINED IN THIS TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE USES OUTLINED IN SECTIONS 5, 6, 7 AND 8 ABOVE, AND THAT SUCH USE WILL NOT VIOLATE ANY AGREEMENTS PREVIOUSLY ENTERED INTO BETWEEN YOU AND A THIRD PARTY.

You acknowledge and agree that Mojizu.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mojizu.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Mojizu.com’s sole discretion as to what action should be taken, which action could include, without limitation, the cancellation/termination of an account at any time and without further notice or warning.

By using or accessing the Service, you hereby agree to refrain from the following:
(a) uploading, posting, transmitting, or displaying content containing pornographic subject matter;
(b) uploading, posting, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, hatred, and other content that is racially or ethnically objectionable.
(c) uploading, posting, transmitting, or displaying content that exploits children or otherwise harms minors in any way;
(d) violating the rights of another individual or entity, including but not limited to intellectual property rights;
(e) uploading, posting, transmitting, or displaying content that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right;
(f) uploading, posting, transmitting, or displaying pirated computer software or links to other sites where such software is accessible;
(g) uploading, posting, transmitting, or displaying material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, software used for game emulation;
(h) interfering with or disrupting the Service and/or the servers or networks connected to the Service;
(i) uploading, posting, transmitting, or displaying unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
(j) stalking or otherwise harassing another person;
(k) impersonate any person or entity, including, but not limited to, a Mojizu.com official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(l) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(m) uploading, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(n) uploading, posting, transmitting, or displaying any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(o) violating any applicable local, state, national or international law;
(p) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(q) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Mojizu.com determines, in its sole discretion, is inappropriate for sale through the Service;
(r) use the Mojizu.com website or the Service as a forwarding service to another website;
(s) allow usage by others in such a way as to violate these TOU or any other TOU or policies adopted by Mojizu.com from time to time;
(t) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or
(u) remove any proprietary notices from the Mojizu.com website.

10. TERMINATION: You agree that Mojizu.com, in its sole discretion, may terminate your password, and/or membership account, and remove and discard any Content within this site or the Service for any reason, including, without limitation, lack of use, or if Mojizu.com believes that you have violated or acted inconsistently with the letter or spirit of this TOS at any point during the Term. Any contracts, verbal or written or assumed, in conjunction with your deleted Content, at Mojizu.com’s discretion, will be terminated as well. Mojizu.com may also in its sole discretion and at any time, discontinue providing this site and/or the Service, or any part thereof, with or without notice. You agree that any termination of your access to this site or Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Mojizu.com may immediately deactivate or delete your Content, as applicable, and all related information and files. Mojizu.com reserves the right to bar any further access to such files, this site or the Service. You agree that Mojizu.com shall not be liable to you or any third-party for any termination of your access to this site or the Service.

11. TRADEMARKS AND SERVICE MARKS: Mojizu.com are service marks of BROADSPRING-SABET VENTURES LLC. All rights are reserved.

12. NOTIFICATION OF COPYRIGHT INFRINGEMENT: Mojizu.com may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Mojizu.com to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

Mojizu.com will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or the Service, please notify Mojizu.com’s Copyright Agent identified below.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;

(c) a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this site or the Service) or if the infringing work appears on a site linked to from this site or the Service where the material that you claim is infringing is located on such site;

(d) information sufficient to permit Mojizu.com to contact you, such as your physical address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach Mojizu.com’s Copyright Agent for Notice of claims of copyright infringement:

By email:
copyrightagent@Mojizu.com

By mail:
Copyright Agent
Broadspring, Inc.
10 Corporate Park, #130
Irvine, CA 90262

By telephone: 949-419-0262

By fax: 949-419-0268

Please be aware that you could be liable for damages (which could also include attorneys' fees) if you materially misrepresent a claim that content is infringing upon your copyright. Note that in a recent case (see Online Policy Group v. Diebold, Inc. for more details), a company claimed their copyrighted material was being infringed upon and sent notification requiring the removal of this material. It was determined in court that the company knowingly and materially misrepresented the claim, and as such was ordered to pay damages and attorneys fees; the company has agreed to pay $125,000 in total.

If you are not absolutely certain as to whether material present on Mojizu.com infringes upon your copyright, for example, if it may be protected under exceptions to the copyright law, like fair use, it is strongly recommended that you contact an attorney prior to submitting any claim of copyright infringement.

Furthermore, if it comes to the attention of Mojizu.com that any material misrepresentation has occurred or is evident, Mojizu.com reserves the right to take any action it deems appropriate, in its sole discretion, including, without limitation, suspending your account.

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries.

13. LINKING: Linking to the home page of this site and/or to your Content on this site is permissible provided you follow these linking terms and conditions. You agree that the www.Mojizu.com web site, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site as a whole, is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. Provided you comply with this TOS, Mojizu.com grants you a non-exclusive, non-assignable, non-relicensable, royalty-free license to use the Mojizu.com marks solely for providing an underlined, hypertext link from your web site to the home page of www.Mojizu.com (URL http://www.mojizu.com) or to you Content on Mojizu.com (URL http://www.mojizu.com/yourcontent). Linking your site to any other page on the Service is STRICTLY PROHIBITED. Accordingly, deep linking to a page that is one or more layers beyond the home page is not allowed under this TOS except to the extent the link directs users to your Content. In addition to meeting the criteria set-forth above, you shall not link to www.Mojizu.com from any page that contains content, information, or other material that violates Section 9 above.

14. FRAMING: By your use or access of this site you agree not to "frame" all or a portion of the site unless you receive the prior written consent of Mojizu.com. Inquiries about framing this site can be sent to the following e-mail address: feedback@Mojizu.com. Any decision to grant or deny a request to frame the site is within the sole discretion of Mojizu.com, its employees, agents, and appointed designees.

15. INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all the local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. DISCLAIMER AND LIMITATION OF LIABILITY: You agree that your use or access of this site is at your sole risk and the Service is provided "AS IS" and that Mojizu.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SERVICE.

IN NO EVENT SHALL MOJIZU.COM BE LIABLE FOR ANY DIRECT, INDIRECT, NOMINAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. You further agree that Mojizu.com cannot and does not guarantee or warrant that applets, files, software, code, or other content accessible via this site will be free from such items as, by way of illustration, viruses, worms, "Trojan horses", or any other code, program, file, or software that has contaminating or destructive properties.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 16 MAY NOT APPLY TO YOU.

17. INDEMNIFICATION: You agree, at your own expense, to indemnify, defend, and hold harmless Mojizu.com, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against Mojizu.com, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your Content, your use of or connection to the Service, your violation of this TOS, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your access or use of the Service; (2) access or use of the Service by someone else using your computer or ID; (3) a violation of the TOS by you or anyone using your computer or ID. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Service, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or ID infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. As another example, which is not to be construed as limiting the scope of the indemnification provision, this indemnification agreement applies to any claim, suit, or action where your use or access to the Service is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

18. GOVERNING LAW: The TOS shall be exclusively governed by and construed in all respects under the laws of the State of California, without giving effect to any choice-of-law or conflict-of-laws provisions. You further agree to submit to the personal jurisdiction of the state courts located in Los Angeles County, California and the personal jurisdiction of the federal courts located within Central District of California for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of the TOS.

19. SEVERABILITY: If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction then such provisions shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect.

20. ENTIRE AGREEMENT: The TOS contains the entire and only Agreement between you and Mojizu.com. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on Mojizu.com.

21. GENERAL: Notices to you may be made via either email or regular mail. This site or the Service may also provide notices of changes to this TOS, additional Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. The failure of Mojizu.com to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. This TOS and any additional Terms of Service, as applicable, constitutes the entire agreement between you and Mojizu.com and govern your use of this site and the Service, superseding any prior agreements between you and Mojizu.com (including, but not limited to, any prior versions of this TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Mojizu.com services, third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this site, the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS: Please report any violations of this TOS to violations@mojizu.com.

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