1. This User Agreement governs your relationship with MojBook and your use of and
access to all services and products provided by MojBook. You agree that by accessing or using any part of the Services you are bound by the terms of this User Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.
2. You may not use the Services unless all of the following apply to you, and you
affirm that all of the following apply to you:
2.1 You are at least 13 years old;
2.2 You are either an adult over the age of 13 years old, an emancipated minor, or you
have express permission from your parent or legal guardian to use the Services;
2.3 You are legally allowed to use the Services where you live;
2.4 You are not using the Services or accepting the Terms on behalf of any other entity,
such as a company or organization, unless you have authority to bind that entity
to these Terms;
2.5 You have not been banned by MojBook from using the Services.
3. The MojBook Privacy Policy
describes what MojBook can do with information about you received by MojBook when you
use the Services. You agree to the terms of the Privacy Policy, including the transfer of
information to other countries for storage, processing, and use.
4. Any content that you post to the Services must satisfy all of the following criteria,
and you affirm that any content posted, submitted, or otherwise provided by you to the services satisfies these criteria:
4.1 You have the legal right to post the content to the Services.
4.2 The content and the purpose for posting it complies with all laws, rules, and
regulations that may apply.
4.3 The content does not infringe the intellectual property rights (such as copyrights
and trademark rights) of any other person or entity.
4.4 The content does not include non-public personal private information belonging to
someone else, such as another person’s birthdate, home address, or telephone
number.
4.5 The content complies with the MojBook Community Guidelines.
You are responsible for your use of the Services and for any content that you post.
MojBook does not endorse, support, represent, or affirm the completeness,
truthfulness, accuracy, or reliability of any of the content posted through the
Services, nor does MojBook endorse any opinions expressed through the Services. All
content is the sole responsibility of the person who originated the content, and
MojBook does not take responsibility for such content.
4.6 With respect to any content you contribute that uses YouTube services via MojBook,
you affirm that—in addition to complying with MojBook own Terms and Community
Guidelines—you are also complying with YouTube's more restrictive Terms. (Users
are encouraged to use MojBook own native video capabilities whenever they wish to
avoid the application of these more restrictive terms.)
5. You grant to MojBook a license to any content posted by you to the Services,
including a worldwide, non-exclusive, royalty-free license (with the right to sublicense)
to use, copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute your content. You agree that MojBook or its service providers or partners may
display advertising in connection with your content and otherwise monetize your
content without compensation to you. You warrant that you have all rights necessary
to grant these rights to MojBook and users.
You also grant a limited non-exclusive,
royalty-free license to any user of the Services to use, copy, reproduce, process, adapt,
modify, publish, transmit, display, and distribute any content posted by you to the
Services solely in connection with that users use of the Services. The licenses granted
by you hereunder do not include any moral rights or right of attribution.
6. Virtual Items. You understand that at times you may earn buy or purchase virtual
tokens for use in the Services (Virtual Items). You agree and acknowledge that you do
not in fact own the Virtual Items and the amounts of any Virtual Item do not refer to
any credit balance of real currency or its equivalent. Rather, you may purchase or earn
a limited right to exchange Virtual Items for a limited license to use certain features of
the Services.
Any virtual token balance shown in your account does not constitute a
real-world balance or reflect any stored value, but instead constitutes a measurement
of the extent of your ability to procure such limited license to use certain features made
available via the Services. Notwithstanding the foregoing, from time to time MojBook may
make available a feature where Virtual Items may be redeemed for cash. MojBook
prohibits and does not recognize any purported transfers of Virtual Items effectuated
outside of the Services, or the purported sale, gift, or trade in the real world of anything
that appears or originates in the Services, unless otherwise expressly authorized by
MojBook in writing.
Accordingly, you may not sublicense, trade, sell, or attempt to sell
Virtual Items for real money, or exchange Virtual Items for value of any kind outside of
the Services, without MojBook written permission. Any such transfer or attempted
transfer is prohibited and void, and will subject your user account to termination.
7. Copyright infringement is not allowed on the Services, and MojBookwill, in
appropriate circumstances, terminate the account of any repeat infringer. If your
copyright has been infringed by any content on the Services and you did not grant a
license for this use by uploading your copyrighted work to the Services, you may
submit a notice that meets all of the requirements of the Digital Millennium Copyright
Act (DMCA), 17 U.S.C 512(c)(3), to our Copyright Manager.
Your notice must include: (1) electronic or physical signature of the copyrighted work owner (or person authorized by the copyright owner), (2) a description of the copyrighted work, including the URL
where the infringing content is available, or a copy of it, (3) contact details of the
person submitting the notice, including email address, telephone, and mailing
address, (4) statement in “good faith belief” that the work is not authorized by the
copyright owner, and (5) a statement by the sender that all of the above information
is accurate, and that the person sending the notice is either the copyright owner or is
authorized to act on behalf of the copyright owner.
Upon receiving a notice satisfying
these requirements, MojBook will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the services.
8. You may not interfere with the Services in any way, such as by accessing the
Services through automated means in a manner that puts excessive demand on the
Services; by hacking the Services; by accessing without authorization areas of the
Services that are protected by technical measures designed to prevent unauthorized
access; by testing the vulnerability of the Services; by impersonating MojBook or the
Services; by accessing the Services for any purpose that competes with the interests
of MojBook; by spamming the users of the Services; by failing to respond to operational
communications or requests from MojBook; or through any other type of interference
with the Services or MojBook relationships with others.
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9. MojBook may remove any content and terminate your access to the Services at any
time and for any reason to the extent MojBook reasonably believes (a) you have violated
these Terms or MojBook Community Guidelines, (b) you create risk or possible legal
exposure for MojBook, or (c) you are otherwise engaging in unlawful conduct—although
MojBook endeavors to allow all free speech that is lawful and does not infringe the legal
rights of others.
Any invitation made by MojBook to you to use the Services or submit
content to the Services, or the fact that MojBook may receive a benefit from your use of
the Services or provision of content to the Services, will not obligate MojBook to maintain
any content or maintain your access to the Services. MojBook will have no liability to
you for removing any content, for terminating your access to the Services, or for
modifying or terminating the Services.
10. You agree to receive communications from MojBook, including communications sent
by phone, email, text message, or other means of communication. If you provided a
phone number to MojBook, you are required to notify MojBookwhen you cease to own or
control that number to help prevent MojBook from sending communications to others
who may acquire that number.
11. The Services are provided to you as-is and at your own risk. The Services come
with no express or implied warranties, except those that cannot be disclaimed under
the law.
MOJBOOK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND
CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
MojBook makes no representation or endorsement about the function of the Services or any content available through the Services. MojBook has no responsibility or liability to you arising from your use of
the Services. MojBook has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although MojBook may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose.
MojBook has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information,
reputation, goodwill, profits, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, MOJBOOK WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER
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INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING
FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE
SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON
OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES;
(c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED
ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS
THROUGH THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
MOJBOOKARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES
EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR
THE AMOUNT YOU PAID MOJBOOK, IF ANY, IN THE PAST SIX MONTHS FOR THE
SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION
SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,
CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND
SHALL FURTHER APPLY WHETHER OR NOT MOJBOOK HAS BEEN INFORMED OF
THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT
IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
12. Applicable law and jurisdiction, excluding its choice
of law provisions, will govern these Terms and any dispute that arises between you and
MojBook. All disputes related to these Terms or the Services will be brought solely in the
state or federal courts located in EU, and you consent
to personal jurisdiction and waive any objection as to inconvenient forum.
13. You affirm that you are competent to agree to be bound by this User Agreement,
meaning that you are over the age of 18, an emancipated minor, or have legal parental
or guardian consent. Parents of minors should be aware that, in addition to the NSFW
filters made available by MojBook, there are a number of Parental Control products and
features available on the market, which can help you tailor your child’s experience on
our platform. Some examples can be found here and here.
14. MojBook cannot waive any right to enforce this User Agreement, unless it does so
expressly in writing. No waiver of any part of this User Agreement, will be a further or
continuing waiver of that part or any other part, and no failure to enforce any part of
his User Agreement will be deemed a waiver of any kind.
15. MojBook may modify the Terms of this User Agreement in any way and at any time
without notice to you, and you agree to be responsible for making yourself aware of any
modification of the Terms and to be bound by any modification of the Terms when you
continue to access or use the Services after any such modification. As a matter of
courtesy, MojBookendeavors to inform its users of any such changes. These Terms
supersede all prior agreements between you and MojBook pertaining to the Services.
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Except for the statements in this document and the documents expressly incorporated
herein by reference, no statement by MojBook or anyone associated with us, whether
verbal or written, can modify or supplement the Terms of this User Agreement unless
the modification or supplement is stated expressly in writing by referring to this User
Agreement. If any of the Terms in the User Agreement are held to be invalid or
unenforceable by a court or arbitrator or by operation of law, the remaining Terms will
remain in effect.
Last Updated: 1 November 2020.