Terms
The following terms and conditions of use (the "Terms and Conditions") govern your use of the Mo'Jiva Web Site (the "Site" or "Web Site"). Your use of certain areas or features of the Web Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. The Site is owned and operated by Mo'Jiva LLC ("Mo'Jiva" or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. Your continued access or use of the Site constitutes your acceptance of the changes. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and Conditions. BY ACCESSING, USING, BROWSING, OR REGISTERING FOR SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. If you breach any of the Terms and Conditions, your authorization to access or use this Site or the products and services offered through it may be terminated without notice by Mo'Jiva. If you are an advertiser or publisher who registers to use the Web Site in connection with the placement of advertisements on publisher Web sites, other Terms of Use will apply to you with respect to such use.
- Proprietary Rights. As between you and Mo'Jiva, Mo'Jiva owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant to you ownership of any content, software, code, data, or materials you may access on the Site.
- Limited License. We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.
- Use of Site. You shall pay all costs and charges, including telecommunications equipment costs, that you incur in order to access or use the Site. You must adhere to all limitations on dissemination, usage and reproduction, of any materials that you access from the Site that are subject to such limitations. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of Mo'Jiva or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Mo'Jiva will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Certain services will only be made available to users who have paid Mo'Jiva a fee for such services. Such users may additionally be required to enter into a participation agreement or other use agreement for that particular service. If you are required to establish an account in connection with a particular service, you must complete the designated registration process for such service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. Mo'Jiva reserves the right to accept or reject, in its sole and absolute discretion, any application for registration for any or no reason.
Mo'Jiva may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Mo'Jiva's sole discretion, without prior notice or liability to you.
- Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Mo'Jiva will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
- Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
- Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Web Site; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Web Site or the Web Site's services or features in violation of Mo'Jiva's or any third party's intellectual property or other proprietary or legal rights; or (h) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
- Right to Monitor and Editorial Control. Mo'Jiva reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Web Site or through the Web Site's services or features by users, and Mo'Jiva is not responsible for any such information and materials posted by users. However, Mo'Jiva reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Mo'Jiva's sole discretion are objectionable or in violation of these Terms and Conditions, Mo'Jiva policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
- Linking to the Web Site. You agree that if you include a link from any other web site to this Web Site, such link shall: (i) not contain any logos, but rather should merely read "Mo'Jiva Web Site" or "Mo'Jiva" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to:
Mo'Jiva,
19 Pine Hill Avenue,
Norwalk, CT 06855,
Attention: Website Management.
- Indemnification. You agree to defend, indemnify on demand and keep Mo'Jiva indemnified, and hold Mo'Jiva and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the services thereon, your placement or transmission of any message, advertisement, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Mo'Jiva reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mo'Jiva defense of such claim.
- Orders for Products and Services. We may make certain products and services available for purchase through the Web Site to visitors and registrants of the Site. You may only order products or services if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Mo'Jiva. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
- Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
- Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Mo'Jiva Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
Mo'Jiva
19 Pine Hill Avenue
Norwalk, CT 06855
e-mail: admin@mojiva.com
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MO'JIVA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT: (I) MO'JIVA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) MO'JIVA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SERVICES OR PRODUCTS; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) MO'JIVA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES.
MO'JIVA DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MO'JIVA WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MO'JIVA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MO'JIVA AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH MO'JIVA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY MO'JIVA "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND MO'JIVA OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL MO'JIVA, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MO'JIVA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
- Local Standards. We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Site can be accessed from countries around the world and may contain references to Mo'Jiva products, services and programs that are not available in your country. These references do not imply that Mo'Jiva intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Mo'Jiva from its offices within the United States of America. Mo'Jiva makes no representation that the Site or the products and services offered through it are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or the products or services offered through it are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
- Termination. Mo'Jiva may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site's services at any time, in our sole discretion, and without liability to any user. Mo'Jiva may restrict, suspend or terminate your use of or access to the Site and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Site or services). Mo'Jiva maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
- Changes to Terms and Conditions and Site. Mo'Jiva reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
- Unsolicited Idea Submission Policy. Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Mo'Jiva for consideration via this Site shall not be considered or accepted by Mo'Jiva, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
- Miscellaneous. Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions shall be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. The parties further agree to submit to personal jurisdiction in the federal or state courts of the State of New York, County of New York, as such courts shall serve as the exclusive venue for all dispute resolution. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Mo'Jiva must be made in writing and signed by an authorized representative of Mo'Jiva specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Mo'Jiva successors, assigns and licensees.
Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:
Mo'Jiva
19 Pine Hill Avenue
Norwalk, CT 06855
Attn: Website Management
Refund Policy
This Web site is owned and controlled by Mo'Jiva.
Unless otherwise provided herein or in the refund policy of an applicable credit card company or merchant bank or as otherwise provided by applicable law or regulations, Mo'Jiva's refund policy is as follows:
Funds added to a member's account are refundable until such time as they are committed or transferred to a publisher or deducted by Mo'Jiva in payment for services rendered. Any fees committed to a publisher or deducted from a member's account in payment of publisher or Mo'Jiva fees are non-refundable. Mo'Jiva will deduct ten percent (10%) of any amounts refunded in order to cover administrative expenses incurred in connection with the granting of the refund. A member may only request a refund for the full balance remaining in the account and this amount will be returned to the bank account or credit card associated with the account after deducting applicable charges previously incurred by member. If the original account has been closed or the credit card has been deactivated or the account remains inactive for a period of at least 180 days, the funds are not eligible for refund. Account funds that are deemed abandoned or unused by law will not be refunded.
All refund requests must be in writing on company letterhead and include your name, address, e-mail address, account name, user identification, the last 4 digits of the credit card or account used to fund your Mo'Jiva account, and the reasons you are requesting a refund. Mo'Jiva is not responsible for refund requests that are not timely received in accordance with this policy.
Mo'Jiva reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request. Mo'Jiva reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances and may alter this refund policy in individual cases in its sole and absolute discretion.
Mo'Jiva reserves the right to alter this refund policy, or any other of our policies or practices, at any time and will notify users of this Web Site by posting such changed or updated refund policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site.
Privacy Policy
This Web site ("Web Site") is published and maintained by Mo'Jiva LLC and its subsidiaries and affiliates (collectively referred to in this Privacy Policy as "Mo'Jiva," "we," "us," "our," or other similar pronouns).
This Privacy Policy governs your use of the Mo'Jiva Web sites on which it is posted. By visiting this Web Site, and/or using the products and services offered on or through this Web Site (the "Services"), you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change. This Privacy Policy is incorporated into, and is part of, the Mo'Jiva Web Site Terms and Conditions of Use, which governs your use of this Web Site in general.
I. YOU MAY OPT IN OR OPT OUT OF OUR SHARING OF YOUR PERSONAL INFORMATION WITH THIRD PARTIES FOR THEIR MARKETING PURPOSES BY FOLLOWING THE DIRECTIONS IN THE "RIGHT TO OPT IN AND OPT OUT" SECTION BELOW.
Purpose
In connection with your use of the Web Site, we may ask you for Personal Information and we may collect certain information from you and your computer each time you visit us. "Personal Information" includes, for example, your name; title; home and/or business address; e-mail address; home and/or business telephone, wireless and/or fax number; credit card and other payment information; demographic information; payment history; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This Privacy Policy explains, in general, what Personal Information and other information is collected on our Web Site, how the information is used, and with whom we may share such information.
Opt In and Opt Out Rights
You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information. For example, you may elect to, or elect not to: (1) receive correspondence from us (either on our behalf or on behalf of a third party), or (2) have your Personal Information shared with other entities for marketing purposes. You may make this election by sending an e-mail to admin@mojiva.com. In your e-mail, state whether: (i) you would like to opt out of receiving promotional correspondence from Mo'Jiva in general, or just via e-mail or postal mail, (ii) you would only like to opt out of certain of Mo'Jiva mailings, e-newsletters, e-mail alerts or other correspondence, and if so which ones, and/or (iii) you would like to elect for us not to share your Personal Information with third parties for their marketing purposes.
Regardless of whether you opt-out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
Requests to have us stop sharing your Personal Information will apply as of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request.
II. COLLECTION OF INFORMATION
User-Provided Information
We collect Personal Information from users via the Web Site, for example, through such users' activities, transactions and completion of online forms on the Web Site. Such information is collected when users register or subscribe for accounts or features on the Web Site, make online purchases, complete transactions through the Web Site, complete surveys, submit a comment or question to us, send us an e-mail, or in any other way submit Personal Information to us via the Web Site.
You may be able to send information about our products and services to your friends and family members through the Web Site. In some of these cases you may provide the e-mail address of your friend or family member to us. Such information will be treated in accordance with this Privacy Policy and applicable law.
III. USAGE INFORMATION.
Cookies
We may use "cookies" to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive. Cookies track where you travel on the Web Site and what you look at, transact and purchase and we may use them to deliver specific messages to you (for example, to announce a new feature that was added since the last time you visited the Web Site). A cookie may enable us to relate your use of our Web Site to other information about you, including your Personal Information.
Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site.
Clear GIFs
We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Web Site and/or in our communications with you to enable us to evaluate Web Site Usage Information about visitors to the Web Site, target campaigns, upgrade visitor information, and know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data
Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our Web Site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Web Site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.
Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our service providers, including, for example, our analytics vendor(s) and our e-mail management partner(s).
Use of Personal Information
We will use the Personal Information you provide to our Web Site, for example, to respond to your requests and to provide you with the services and features offered on or through our Web Site. We may also use your Personal Information to maintain our internal record keeping. We may also report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. We also may compare your contact information to data in our worldwide databases in order to improve the Web Site and marketing. Also, advertisements and other content displayed to you on the Web Site may be customized to your interests and preferences, based on your Personal Information and Web Site Usage Information, including (but not limited to) non-personally identifying information, which we may obtain from you or from other sources.
In addition, we may use your Personal Information to correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such correspondence from us by following the instructions in the Right to Opt In and Opt Out section above.
We also may provide visitors an opportunity to receive offers from other entities that have services, products and offers that we think might be of interest to you. Information collected on these and any other sites is subject to those sites' privacy policies. However, we will not transfer your contact information to any unaffiliated third party for the third party's marketing purposes unless you expressly direct us to do so. If you change your mind and no longer want to receive third party promotions, follow the instructions to opt out in the Right to Opt In and Opt Out section above.
We may analyze user behavior as a measure of interest in, and use of, our Web Site and e-mails, both on an individual basis and in the aggregate.
Sale of Personal Information
Mo'Jiva does not sell, lease or give your Personal Information to any other company, unless otherwise stated herein.
Service Providers
We may use third party partners to help operate the Web Site and deliver our products and Services, and may share your information with our affiliates, service providers and other third parties that provide products or Services for or through this Web Site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).
Aggregate Statistics
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Compelled Disclosure
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities.
Business Transfer
Mo'Jiva regards its databases of customer information (including Personal Information) as a valuable asset. In the event that Mo'Jiva is or substantially all of its assets are, acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, such databases containing Personal Information may be one of the transferred assets. In using the Services you consent to such transfer of your Personal Information.
Wireless Addresses
If the e-mail address you provide to us is a wireless e-mail address, and you have elected to receive promotional messages from Mo'Jiva, you agree to receive messages at such address from us, unless and until you have elected not to receive such messages by following the instructions in the Right to Opt In and Opt Out section above. You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt In and Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Access Rights
You may review and edit the Personal Information that is stored in your user account on this Web Site (e.g., your passwords and other contact information) by visiting a "My Profile" or similar area of your account on this Web Site or by e-mailing admin@mojiva.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may send us new or updated information at any time. We will respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
Security
Mo'Jiva will take reasonable steps to protect the security and integrity of all Personal Information provided via this Web Site, including making sensitive information available to our employees and agents on a need-to-know basis. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on our Web Site with a username and password. Passwords are encrypted and Mo'Jiva policies preclude access to passwords by anyone at Mo'Jiva or its service providers except on a need-to-know basis. If you do create a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Mo'Jiva 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. It is your sole responsibility to protect your password, control access to and use of your account, and notify Mo'Jiva when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at admin@mojiva.com with the alternative contact information you wish to be used.
Phishing
It has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as "phishing."
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a Web site that does not seem to be affiliated with Mo'Jiva, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at admin@mojiva.com.
Consent to Worldwide Transfer and Processing of Personal Data
When you give your personally identifiable information to Mo'Jiva, it may be processed by Mo'Jiva in all countries in which Mo'Jiva operates or in which its affiliates operate. Each of these countries has different privacy laws that afford varying levels of protection for your personally identifiable information. Regardless of the laws in place in these countries, Mo'Jiva will treat the privacy of your information in accordance with this Privacy Policy. By providing your personally identifiable information to Mo'Jiva, you consent to Mo'Jiva transmission to, and processing of your information in, any jurisdiction, in accordance with this Privacy Policy.
Third Party "Linked-To" Web Sites
When you are on the Web Site you may have the opportunity to visit, or link to, other sites not operated by Mo'Jiva, including other Web sites operated by unaffiliated third parties. These sites may collect Personal Information about you. Mo'Jiva does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites.
Changes to this Privacy Policy
Mo'Jiva reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Your continued access or use of the Web Site constitutes your acceptance of the changes. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of the Web Site or sending you an e-mail.
Questions or Comments
If you have any questions or comments regarding our privacy practices, you may contact us at admin@mojiva.com.
|
