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MOJONESS USER AGREEMENT

Your use of the Mojoness™ website is subject to the following terms and conditions (hereinafter the “Terms”).  These Terms may be periodically updated from time to time without notice.  It is incumbent upon every user of the Mojoness™ site to familiarize themself with these Terms.  Your continued use of the Mojoness™ website is your acceptance of changed or modified Terms from the date of your previous use.


Ownership of Intellectual Property Shown Online

Mojoness™ maintains a repository of intellectual property posted online by third-parties which is protected by copyrights, trademarks, service marks, trade names, and trade dress.  This intellectual property comprises and consists of, inter alia, graphic designs, images, HTML and CSS Files, and other unique digital creations of the Mojoness™ users (collectively, the “IP”).  The IP referred to in this User Agreement includes only intellectual property which is supplemental to, and outside the scope of, the General Public License (GPL) of the Free Software Foundation which controls rights to use WordPress themes.  The IP includes images, JavaScript, HTML elements, and CSS files. The IP does not include the WordPress code itself. All WordPress themes uploading to Mojoness must contain a .txt file with the Mojoness License, which can be downloading here.

While Mojoness™ is granted reseller licenses in this IP by its assigned owners, Mojoness™ expressly disclaims and you acknowledge its non-liability for any IP infringement arising from the presence of the content in its IP repository.

Buyer Single Use License

All items sold are to be use for single domain use only. The items can be used for client work. Your use of the item is limited to a single application. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things. All of these things are referred to as Resale. Notwithstanding the restriction on Resale, if you acquire the item on behalf of your client you may recoup from your client the cost of acquiring the Work. If the whole, or part, of the item has been created using materials which are the subject of a GNU General Public License (GPL), your use of the Work (or part Work) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).

Buyer Extended Use License

The Extended License grants you, the Purchaser, a non-exclusive, non-transferrable right to make use of the work you acquire. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things unless the Work is incorporated into a work you have created. All of these things are referred to as Resale. You may display the item, and make the item available for use by an unlimited number of your clients, in conjunction with a web site service that you host on behalf of your clients. When using the item through a web site service, you may make unlimited copies of the item but you must procure that your clients do not reproduce or use the item in another application. If the item is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed.If the whole, or part, of the item has been created using materials which are the subject of a GNU General Public License (GPL), your use of the Work (or part Work) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).

To purchase an extend license for an item, please contact our support staff.


Acknowledgments and Limitations

Mojoness™ manages a forum which makes graphic designs and website resources created by other parties available to the public in hopes of helping its customers enrich the quality of new website designs, and in hopes of benefitting programmers and designers alike who wish to share their work.  Mojoness™ does not guarantee the accuracy, legal compliance, quality, or fitness of IP made available on its website.  Mojoness™ is not liable for negligence, fraud, non-performance, copyright or trademark infringement, crimes, or torts of third-parties posting on the Mojoness™ website or referenced by content therein.

The content and information found on Mojoness™ website is provided without warranty of any kind, either express or implied, including without limitation any warranty concerning the information, services, or products offered or provided through or in connection with the website and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.  In no event shall Mojoness™ or its preferred partners be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the website, or otherwise arising out of the use of the services of Mojoness™, whether based on contract, tort, strict liability, or otherwise.  This disclaimer of liability applies to any damages or injuries caused by any failure 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 record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.


Prohibited Activities

Mojoness™ forbids the use of its content and message boards for false or profane language, or language that is gratuitously degrading to any individual, minority group or disadvantaged group of people.  You agree you will not:  (1) post content on Mojoness™ 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 permission from the rightful owner of such rights to post such content and to grant Mojoness™ a reseller license; (2) upload, post, e-mail or otherwise transmit any submissions or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (3) use Mojoness™ to harm minors in any way; (4) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (5) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (6) upload, post, e-mail or otherwise transmit any content that contains computer 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; (7) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and (8) collect or store personal data about other users.

You may not resell content you copy, download, or other obtain from the Mojoness™ website.  You obtain only a limited use license.  You may not use information found on Mojoness™ for any unlawful purpose.  If Mojoness™ notifies you that the manner in which you are using Mojoness™ is prohibited or unauthorized, you may no longer use the website for any reason unless otherwise notified.

You and any associates 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 without notice to you.  You may not engage in any conduct that is, or that Mojoness™ deems to be, in violation of this User Agreement or other applicable agreements incorporated by this website.


Your Privacy

Mojoness™ Privacy Policy is incorporated in this Agreement and subject to these Terms. The Privacy Policy is available from our home page.


Rights to Use Purchased Content

Your use of the Mojoness™ does not grant to you an assignment or ownership interest in any of IP, content, code, data or files you may copy or buy from Mojoness™, or any intellectual property rights subsisting of any content, code, data or materials.

You may purchase and download a single copy of the IP contained on our website solely for a single commercial or non-commercial use on one server, computer or workstation, consistent with this User Agreement, provided that you maintain the copyright and other notices contained in that content.  You are granted a single, limited use license to the IP.

The License to the IP download from Mojoness™ covers only intellectual property uploaded by our users which is supplemental to, and outside the scope of, the General Public License (GPL) of the Free Software Foundation which controls rights to use WordPress themes.  The License includes images, JavaScript, HTML elements, and CSS files, and other source code, that is not derivative of the WordPress code covered by the GPL.  The IP does not include the WordPress code.

A license to make use of the IP you download in multiple website or for multiple purposes or for the benefit of multiple parties may be purchased for an additional fee from Mojoness™.


Mojoness™ Reseller License

Mojoness™ Reseller License is incorporated in this Agreement and subject to these Terms. The Reseller License is available from our home page and shown when you upload content.


Security

Mojoness™ protects your billing information by encrypting it on its servers and providing only employees who have passed a background check with access to it. Secure Sockets Layer (SSL) is used to transmit any credit card data to Mojoness™ and keeps the data private and confidential as it is transferred between your machine and Mojoness™.


Contacting Us

You may contact us by telephone or email through our Contact Us page on the navigation bar.


Third Party Links

Mojoness™ maintains links to other web sites 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 web sites and cannot guarantee that such web sites will not change without our knowledge. The inclusion of such links on Mojoness™ 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 web site 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.


E-mail Disclaimer

Please note that when we contact you by e-mail, 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 e-mail messages. We make no warranty of any kind with respect to the accuracy of the contents of any of our e-mails. If you require confirmation of the contents of any of our e-mails, please contact us.


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 conflict of law provisions.  You agree to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah.  You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Utah in all disputes arising out of or relating to these Terms or other agreements referenced herein.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former User of our services, and no class arbitration proceedings shall be permitted.

You agree that any cause of action arising out of or related to Mojoness™  or the website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


Effective Date: December 21, 2011

User Agreement Version: 1.1