Subscriber Agreement
The Website located at www.mojoglobal.com is provided by Mojo Video Marketing, LLC ("Mojo Video Marketing"). Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "MojoGlobal.com," “we," "us'" or "our" refers to Mojo Global and its affiliated websites, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Mojo Global.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Mojo Video Marketing's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: [email protected].
2. Subscription Fees and Payments
As of January 1, 2015, Mojo clients must stay in the program for a minimum of 90 days. Once entered into a payment plan, setup fee, or installment plan with Mojo Global for any program, you must complete all payments as stated verbally, in your sales agreement, or through the shopping cart in which purchase was made. Your subscription will continue and renew automatically, unless terminated by Mojo Global or until you notify Mojo Global in writing to terminate your subscription on the Site of your decision. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Mojo Global, at the start of the annual, monthly, or similar period, and at the start of each renewal period. Subscriptions are due regardless of usage of purchased product, service, software, or site. Failure to pay subscription within 3 days of attempted processing will result in a 10% late fee. All cancelations require a 30 day written notice. You are responsible for paying all subscription fees in between that 30 day period. If you are overdue in payments, you are also responsible for becoming current before you may submit your 30 day written cancellation notice. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes, fees, and overages) at the rates in effect when the charges were incurred. All fees and charges incurred in connection with your Mojo Global username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Mojo Global. If you wish to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at [email protected]. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. You, and not Mojo Global, are responsible are paying any amounts billed to your credit card by a third party which were not authorized by you.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Mojo Global any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Mojo Global nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Mojo Global does not pre-screen all content, but that Mojo Global and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Mojo Global and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Mojo Global is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Mojo Global (or material that other suppliers have licensed to Mojo Global for their use) which is protected by copyright and other laws respecting proprietary rights. Mojo Global retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Mojo Global except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may Access Mojo Global for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Mojo Global. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Mojo Global and/or Mojo Global’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Mojo Global, and/or any of Mojo Video Marketing’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Mojo Global; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Mojo Video Marketing.
If you breach any provision of this Agreement, Mojo Global may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Mojo Video Marketing can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at https://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Mojo Global links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by Mojo Global, or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Mojo Video Marketing. While we use commercially reasonable efforts to provide accurate information, Mojo Global gives no warranty as to the accuracy of the database and other content on the Site. Mojo Global reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
Mojo Global does not endorse the content on any third-party Web site, including Web sites of Mojo Global 's affiliates ("Third-Party Sites"). Mojo Global is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Mojo Video Marketing is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Mojo Global that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY MOJO GLOBAL AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND MOJO VIDEO MARKETING AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOJO VIDEO MARKETING DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL MOJO GLOBAL OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF MOJO GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL MOJO GLOBAL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY MOJO GLOBAL FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Mojo Global.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
16. Termination
Mojo Global may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Mojo Video Marketing, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Mojo Global. Mojo Global may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Mojo Global in a non-electronic record, and any assignment without Mojo Global’s consent will be voidable at Mojo Global’s option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Arizona, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Mojo Video Marketing and/or its affiliates' intellectual property rights, Mojo Video Marketing and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Orange County, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Orange County, CA., under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
Mojo Global may change the provisions of this Agreement. When Mojo Video Marketing changes the terms of this Agreement, Mojo Global will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Mojo Global except in a signed, non-electronic writing signed by an authorized representative of Mojo Video Marketing.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Mojo Video Marketing or its affiliates as a result of this Agreement or your use of the Site.
22. Hosted Email Marketing Services.
The following terms and conditions shall apply to Customer’s use of Company’s hosted email marketing-related services.
22.1 Customer List.
Customer shall use a “double opt-in” subscription method for all new list members. For the purpose of the Agreement, a “double opt-in” method shall mean that when Customer adds a new member's email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation e-mail from Customer requesting member's consent to be added to the list and Company receives from the new member a confirmation action(such as a confirming e-mail from the new member's email address) approving such action. The confirmation e-mail sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription. Customer may not use the Services for a one-time mailing to a list of members after which Customer deletes substantially all of the membership and creates a new list. Customer’s membership must be a static, permanent list to which Customer adds or deletes new members and/or members subscribe or unsubscribe themselves in the ordinary course.
22.2 Spamming Prohibited; Truth in Advertising.
Customer may not use the Services to send unsolicited email, whether it be commercial or non-commercial and/or commercial email containing any deceptive, unsubstantiated, or unfair marketing claim (collectively, "Spam"). Customer’s email will be considered unsolicited if Customer’s membership addresses are not100% opt-in by Customer’s members. If Customer’s email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the other list owner or Company) or are compiled by any method other than by direct subscription from Customer’s members, for the purposes of this Agreement all messages sent to such addresses will be considered Spam.. In addition, Customer’s email will be considered Spam if it: (i) contains one or more deceptive or unsubstantiated claims regarding products or services; and/or (ii) furthers, constitutes or consists of an unfair business practice. Customer shall be solely responsible for the substantiation of any and all claims made in all messages transmitted via the Services using Customer’s account
22.3 Spamming Complaints.
If Company receives complaints that Customer has transmitted and/or continues to transmit Spam, in addition to any other rights that Company may have under the Agreement or under applicable law, Company may at its sole option suspend Customer’s service pending a reconfirmation of Customer’s entire membership list. This reconfirmation may be required by Company in any reasonable manner it determines in its sole judgment including, without limit, sending a single email to all of Customer’s list members requesting confirmation of their wish to maintain their subscription to such list. Members who do not reconfirm within a reasonable time established by Company may be deleted from the list in question. Company agrees to use commercially reasonable efforts to contact Customer’s designated list administrator by email or phone before suspending service. Customer’s consent will be requested before Company contacts Customer’s list members for the purposes of reconfirmation, however, if Customer does not consent to such reconfirmation, Company may terminate this Agreement effective immediately.
22.4 Company Remedies.
If the Company determines in good faith that Customer has transmitted and/or continues to transmit Spam, in addition to exercising any other of its rights under this Agreement and applicable state or federal law, the Company will issue a one-time warning to the Customer’s primary contact’s email address to cease such activity, after which if Spam transmission continues:
(i) The company may bring an action in any court of competent jurisdiction to enjoin such activity, it
being understood that such activity may cause irreparable harm to the Company which may not be fully compensable by
monetary damages, and
(ii) Company may recover from Customer monetary losses caused to Company by such activity in an amount equal to the greater of
(a) $500 for each such item of unsolicited email that Customer has sent to each separate and identifiable e-mail address – which amount the parties agree is a fair and reasonable estimate of Company’s losses
suffered thereby – or
(b) Company’s actual monetary loss, including but not limited to any damage, loss or expense
(including attorney’s fees) resulting from any third-party claim made against the Company as a result of Customer’s conduct in violation of this provision.
In addition to the foregoing, Customer shall be responsible for reasonable costs incurred by Company in bringing such actions, including its reasonable attorney’s fees.
22.5 Other Unacceptable Uses, Additionally, Customer may not use the Services to:
22.5.1 Send email with an invalid "From:" or "Reply-to:" address.
All messages posted to Customer’s list must contain valid email addresses and Customer must be responsive to all replies from members of Customer’s list, including unsubscribe requests. Customer may not refuse or ignore unsubscribe requests from members of Customer’s list.
22.5.2 Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
22.5.3 Post or transmit sexually explicit images or other content that is deemed by Company to be offensive.
22.5.4 Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by Company.
22.5.5 Impersonate any person, including but not limited to, an official of Company or an information provider, or communicate under a false name or a name that Customer are not entitled or authorized to use.
22.5.6 Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited
to any regulations having the force of law.
22.6 Membership Confirmation. Customer will use a "double opt-in" (sign-up plus confirmation) subscription method for all new list members, as provided in Section 2.1 above.
The confirmation email sent to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription. Any import of unconfirmed (single opt-in) members directly into Customer’s list, or inclusion of advertising or other unsolicited calls-to-action in the confirmation message shall be at Customer’s own risk, and subject to Section 2.2 above.
22.7 Unsubscribing. All list messages must include the Company unsubscribe instructions in the body or footer of the message,
so that members can unsubscribe themselves from the list.
List owners must respond to member requests for manual removal from the list promptly, but in no event more than 10 days after the member’s first request. Please do not discard email messages from members asking to be removed from Customer’s list. Even if the user request for removal is aggressive, unfriendly or otherwise rude, Customer should nonetheless make every attempt to help the user unsubscribe from Customer’s list and to resolve the situation.
Refund Policy and Guarantee
Mojo Global has a 72 hour refund policy. All refund requests must be submitted in writing. Any request for a refund after 72 hours of initial purchase will not be eligible for a refund. There are no refunds once you download software provided by Mojo Video Marketing LLC even if you are within the 72 hour refund period. You may transfer your purchase to a different person for a $200 change fee.
Guarantee
Mojo Global issues no guarantee on any of it's products. In order for you to have success with program, software, or course you have purchased from Mojo Global, you must take action on Mojo's recommendations and use the programs and information as instructed, and Mojo will not be held liable for customers inability to implement software, systems, and information provided.