MojaLink Terms of Service Agreement
Welcome to MojaLink, a website (www.mojalink.com) and online service owned by MojaLink, Inc. ("MojaLink", "we", "us", or "Site") that allows you to collaborate with other non-profit professionals. By accessing or using the MojaLink services, applications, and software provided through or in connection with the service, including through a mobile device, ("Service") you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Terms"), whether or not you are a registered Member (as defined below) of our Service. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member ("Member" or "Membership") you will be required to indicate your acceptance to these Terms during the registration process. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Amendments and Modifications
The Internet and technology are rapidly changing. Accordingly, we may need to modify the Terms from time to time. We will post on this Site a copy of the modified Terms, which will become effective 30 days after they are first posted on this Site. You should regularly review this Site to ensure that you are informed of any changes and if you are also a Member, be sure that the email address on record is current. If you are a Member, we will also email you to the email address then on record a link to a copy of the modified Terms 30 days before they will go in effect. If any modification is unacceptable to you, you shall cease using this Site. Your continued access to the Site will indicate you have accepted the change.
You agree to use the Site in accordance with the Terms, whether you are a "Visitor" (which means that you simply browsing the Site) or you are a Member (which means you have registered and become a member on the Site). The term "User" means a "Visitor" or a "Member"
By becoming a Member you represent and warrant that (i) all registration information you submit is truthful and accurate; and (ii) you will maintain and promptly update the accuracy of any such information. If you wish to register and become a Member of MojaLink, you must read these Terms and indicate your acceptance before proceeding with the registration process, Additionally, ensure that each time you access MojaLink you have read the Terms.
All users must be 13 or over to sign up for an account on MojaLink. At this current time, MojaLink does not allow users who are under 13 to create an account. Visitors to the site under 13 can continue to use the site without creating an account. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein
Passwords and Account
Security When you register to become a Member, you will be asked to choose a user name and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You are fully responsible for any and all activities that occur under your password or account name. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. MojaLink cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Term and Termination
You may terminate your Membership at any time, for any reason, by contacting MojaLink and notifying us of your desire to terminate the Membership. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminated. You agree that MojaLink shall not be liable in any way to you or to any third party for any suspension or termination of the Service.
MojaLink grants you permission to use the Service as set forth in this Terms, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms. This means that you, and not MojaLink, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MojaLink does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content
MojaLink will at all times reasonably attempt to achieve the highest possible availability and quickest possible access time into the Service, but no warranties of any kind, regarding any specific availability or time of access will be guaranteed. The Service is hosted either by MojaLink or a subcontractor of MojaLink's choice. All data stored as part of the Service is backed up on a regular basis. If Users of the Service experience loss of data, MojaLink will with reasonable effort attempt to restore data from the most recent working backup; provided, however, MojaLink gives no warranties with respect to recovering or restoring any lost User data. The Customer is always encouraged to make its own backups and save of all data stored on the Service.
The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.
You shall not (a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (b) modify or make derivative works based upon the Service or the content; (c) create an Internet "frame" of the Service or "mirror" any content on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to (e) build a competitive product or service, (f) build a product using similar ideas, features, functions or graphics of the Service, or (g) copy any ideas, features, functions or graphics of the Service.
Areas of the Service may allow Users to post feedback, discussions, updates, comments, questions, data, resources, and other information ("User Content" and "Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "Post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity.
MojaLink permits users to become Administrators (as defined below in Group and Organization Administration) in both "Organizations" and "Groups", collectively ("Group"); whereas, when an Administrator is absent, all such User Content is owned by the User who posted it to the Service, although each User acknowledges and consents that upon the introduction of an Administrator into that User's Group, all related User Content will automatically become the property of the company to which the Group belongs without any notice to Users of that network.
If a Group has an Administrator, all such Content is the property of the company to which the Group belongs (including all Content posted to specific Subgroups within a Group and all User Content created prior to the existence of the Administrator). In addition, if you are no longer an eligible Member of a Group (e.g., you cease to be employed by the relevant company, organization, or are removed by the Administrator), your access to all Content you uploaded may be terminated, regardless of whether the network has an Administrator. Once a User is removed from a Group, the content of that User remains on the Group and is the sole property of the company which administers that Group.
Group and Organization Administrators
Each User may be permitted to create a Group or Organization and may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Group or Organization (the "Administrator"). In such cases, any User may Administer a page that could be owned publicly or privately by a group or individuals, shareholders, board of directors, or other validated individuals that claim to be the responsible party of a Group or Organization ("Company"). Groups may exist on the Service absent of an Administrator; in such case Users are responsible for conducting themselves in accordance with this Agreement.
From time to time, Users may be asked to confirm their account on the network via an email message containing a hyperlink to the User's Group or Organization email address. If such account is not reconfirmed, the account is removed. Once a User is removed from a Group, the content of that User remains on the network and is the sole property of the company which administers that Group.
Users should follow their particular company's policies, guidelines, and procedures concerning the Content they post to the Service. Users may delete their own User Content from the Group or Organization, so long as they are a Member of that Group. Administrators may delete the User Content of one or more Users in their Group or Organization.
As a Visitor or Member you are responsible for all activity occurring under your Membership and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
You shall also be responsible for abiding with any and all internal company and organization policies, procedures and regulations, which are required, by your employer and/or the applicable Administrators (as defined below) of your account. You shall: (i) notify MojaLink immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MojaLink immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You or other Users that violate this Agreement or the intellectual property rights of third parties; and (iii) not impersonate another MojaLink user or provide false identity information to gain access to or use the Service. MojaLink cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Rules of Conduct
MojaLink is a trusted Service by its Users, and we trust you to use our Service responsibly and you agree not to misuse the Service in anyway. For example and not limited to, you must not, and must not attempt to do the following things:
There are two (2) types of MojaLink account types: Standard and Premium. Terms for each are stated below.
Standard – Mojalink Standard account types are free for use, and require no annual fee.
Premium – Mojalink Premium account types are available for $600-1,500 per Member per year.
You will pay to us an amount specified on this Site for the account type you have selected (“Subscription Fee”). You will pay the applicable Subscription Fee for the initial 12-month period when you select the particular account type (the “Initial Term”). You will make future fee payments for all Members due under these Terms for renewal terms on each one (1) year anniversary of the date you select the particular account type. All fees paid to MojaLink are non-refundable. MojaLink reserves the right to modify its fees upon thirty (30) day prior written notice, which may be provided by e-mail. By agreeing to these Terms, you are expressly agreeing that we may automatically bill your credit card or alternative payment form in the billing frequency established by the length of your initial term for renewal fees. The renewal charge will be equal to [the number of Members multiplied by the then-current per Subscription User fee]. You agree to provide us with complete and accurate billing and contact information. If invoiced by us, payments for such invoices are due net 30 days. We may terminate these Terms and/or your access to this Site if the billing or contact information is false, fraudulent or invalid. You will also pay all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, including penalties and interest, imposed by any United States federal, state, provincial or local government entity or any non-US government entity on the transactions contemplated by these Terms, excluding taxes based upon our net income.
Your Property Rights
MojaLink does not claim ownership of User Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant MojaLink the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting MojaLink Services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MojaLink removes such Content from the Service. From time to time, we may remove Content from the Site, permanently or temporarily, provided that, even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above.
Our Property, Copyrights and Feedback
The Site may contain Content provided by MojaLink (including third party content posted or displayed by MojaLink and not by a User), including, without limitation, text, images and logos are collectively ("MojaLink Content"). MojaLink Content is protected by copyright, trademark, patent, trade secret and other international laws, and, as between you and MojaLink, MojaLink owns and retains all rights in the MojaLink Content and the features and functionality of the Site.
Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, rent, reproduce, sell any or create derivative works from any materials or content accessible on the Service or Site. Use of the MojaLink Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You understand and agree that your use of the Site and Services entitles MojaLink to use, monitor and preserve copies of all information and Content, and to disclose such information if required to do so by law, or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of MojaLink or any other person or entity.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MojaLink under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, MojaLink does not waive any rights to use similar or related ideas previously known to MojaLink, or developed by its employees, or obtained from sources other than you.
Protection of Intellectual Property Rights
We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.
Failure to include all of the above information may result in a delay of the processing of the DMCA notification. The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that Content is infringing your copyrights. We recommend contacting an attorney if you are unsure whether Content is protected by copyright laws.
Deliver the DMCA Notice, with the above information completed, to: Mojalink, Inc., Email: email@example.com
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to indemnify and hold MojaLink, its subsidiaries, and affiliates, and their respective officers, agents, partners, licensors, and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.
MojaLink, its subsidiaries, affiliates, officers, directors, agents, representatives, staff, employees, advisors, advertisers, licensors, suppliers, and service providers(collectively, "the mojalink Affiliates") are not responsible for and make no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the MojaLink Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF the mojalink affiliates expressly DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF, including, without limitation, the implied warranties of merchantibility, fitness for a particular use, and non-infringement.
The Site and Services are provided "As-Is" and "As Available" and, except as otherwise prohibited by applicable law, MojaLink assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
MojaLink is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, or any other sustem outside of MojaLink, or due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Additionally, MojaLink shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access Content or other materials through the Site.
Third Party Content, Links, and Advertisements
MojaLink and the MojaLink Affiliates are not responsible for the conduct, whether online or offline, of any Member or User of the Site or MojaLink Services. Under no circumstances will MojaLink and the MojaLink Affiliates be responsible for any lost data, lost information, property damage, personal injury or death, resulting from anyone's use of the Site or the MojaLink Services, any content posted on the Site or transmitted to Members or other Users, or any interactions between or among Members or other User of the Site, whether online or offline.
The User Content does not necessarily reflect the opinions or policies of MojaLink. Content created and posted by Members on the Site may contain links to other websites. MojaLink is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by MojaLink.
MojaLink takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. You agree that we are not responsible for any loss or damage of any sort in your dealings with such advertisers.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOJALINK OR ANY OF THE MOJALINK AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU PAID TO US UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY AND (B) $100.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
If there is a dispute between users of the Service, or between a user and any third party, you understand and agree that MojaLink reserves the right, but has no obligation, to monitor or intervene in such a dispute. In the event that you have a dispute with one or more other users of the Service, you hereby release MojaLink, the MojaLink Affiliates, and each of their successors and assigns from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute. If you are a California resident, you waive California Civil Code Section 1542 to the extent applicable, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree that the Service is based in California; and these Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any controversy or claim arising out of or relating to these Terms or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either MojaLink or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or MojaLink. You agree not to bring a legal action more than one (1) year after the cause of action arose.
These Terms, together with any amendments and any additional agreements you may enter into with MojaLink in connection with the Service, will constitute the entire agreement between you and MojaLink concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction or arbitrator, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. If any provision of these Terms is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of these Terms is declared invalid or unenforceable for any reason other than overbreadth, the offending provision will be modified so as to maintain the essential benefits of the bargain between MojaLink and you to the maximum extent possible, consistent with applicable law and public policy.
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MojaLink's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.
This Agreement was last updated on: January 28, 2013.