The terms “we”, “us” or “our” always refers to TeMojo while the terms “you”, “your”, “User” or “customer” refers to the individual who accepts this Agreement. Nothing in this Agreement is meant to confer any third-party rights or benefits. As used below, “TeMojo” shall mean TeMojo, LLC and its officers, directors, employees, agents, successors, licensees, and assigns. “Services” includes the filming, photographing, loading to the website, use of website tools and TeMojo mentor instruction in their use.
Signing up for TeMojo services creates a contract between you and us, consisting of the order, the applicable service description, and this user agreement. You are agreeing to be bound by this agreement and all its terms and conditions (T&C). Your use of these services shows you accepted this agreement.
TeMojo may change this Agreement and any policies in it at any time. Such changes will be effective immediately upon them being posted to the TeMojo website (“Site”). You acknowledge and agree that TeMojo may notify you of changes by posting them to this Site and your use of this Site or its services after such changes have been made indicate your acceptance of this Agreement as revised.
If you do not agree to be bound by this Agreement, do not use or continue to use this Site or its services. Further, TeMojo may notify you of changes to this Agreement by email. Thus, it is important that you keep your account (“Account”) information, including your email address, current. We are not responsible for your failure to receive an email notification if it was due to an inaccurate or out-of-date email address.
You agree that:
A.) Your use of this Site and its Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
B.) You will not impersonate anyone else, or submit content on behalf of anyone else without their express prior written consent.
C.) You will not collect nor allow anyone else to collect any User Content (as defined below) or any non-public or personally identifiable information about anyone else without their express prior written consent.
D.) TeMojo reserves the right to cancel your account and prevent your accessing the web Site if it is believed your activities are illegal, immoral, racist, and inflammatory, interfere with the proper operation of the web Site or for any other reason deemed appropriate by TeMojo to protect the integrity and operation of the Site.
E.) You will not copy or distribute in any medium any part of this Site or its services, except where TeMojo expressly authorizes it.
F.) You will not modify or alter any part of this Site or its Services.
G.) You will not access TeMojo Content (as defined below) or User Content through any technology or means other than through this Site itself.
H.) You will not use this Site or its Services, including any of TeMojo’s related technologies, for any commercial use without TeMojo’s express prior written consent.
We reserve the right to change or discontinue any aspect of this Site or its Services, including without limitation prices and fees, at any time.
To use all the features of this Site, you must create an Account. You represent and warrant to TeMojo that all information you submit to create your Account is accurate, current, and complete, and that you will keep it that way. If we believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your Account. You are responsible for your Account’s activity whether it is authorized by you or not. Consequently, you must keep your Account information secure, including your customer number/login, password, and payment information. TeMojo recommends that you change your password at least once every six months. Further, you must notify TeMojo immediately of any breach of security or unauthorized use of your Account.
TeMojo will not be liable for any loss you incur due to any unauthorized use of your Account. By contrast, you may be liable for any loss TeMojo or others incur caused by your Account, regardless of whether you caused it.
TeMojo Content – With the exception of User Content, the content of this Site and its Services, including the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features as well as the trademarks, service marks and logos contained therein are owned by or licensed to TeMojo forever. They are protected by copyrights, trademarks, and/or patents in the United States and foreign countries.
TeMojo Content is provided to you “as is”, “as available” and “with all faults” for your personal, non-commercial use. It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without our prior written agreement. This Agreement grants no right or license under any copyright, trademark, patent, or other proprietary right or license.
User Content – Some of the features of this Site allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) other content, including photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or its Services, you represent and warrant to TeMojo that (I) you have all necessary rights to distribute the content either because you are the author of the User Content and have the right to distribute it, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the actual owner the content and (II) you do not violate the rights of any third party. You may not copy, download, republish, distribute, or otherwise use the content other than as explicitly permitted in this Agreement. Further, you may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TeMojo without TeMojo’s express written consent. You may not use any meta tags or any other “hidden text” using TeMojo’s name or trademarks without TeMojo’s express written consent. You may not use any TeMojo logo or other proprietary graphic or trademark as part of a link without TeMojo’s express written permission.
Security – You agree not to circumvent, disable, or otherwise interfere with the security-related features of the TeMojo web Site or its services (including those features that prevent or restrict use or copying of any TeMojo Content or User Content) or enforce limitations on the use of the Site or its services, the TeMojo Content or the User Content therein.
5. TeMojo’s USE OF USER CONTENT
You are responsible for any and all of your User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With respect to that content which is submitted through the site, you agree that;
A. Your User Submissions are entirely voluntary, and
B. Your User Submissions do not establish a confidential relationship or obligate TeMojo to treat your User Submissions as confidential or secret.
TeMojo owns the rights to any User Submissions posted to this Site, and is entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
User Content (Other Than User Submissions)
If you publish your User Content to the Site, you authorize TeMojo to use the intellectual property and other proprietary rights in and to your User Content and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you give us a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and TeMojo’s (and TeMojo’s affiliates’, and or vendors) business, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. These licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that TeMojo may retain, distribute, display, or perform server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
6. MORE TeMojo RIGHTS
We may deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any user and or account) for any reason, including: (I) to correct mistakes made by TeMojo in offering or delivering and or billing any Services, (II) to protect the integrity, stability, or functionality of the web site, (III) to assist with our fraud and abuse detection and prevention efforts, (IV) to comply with applicable local, state, national and international laws, rules and regulations, (V) to comply with requests of law enforcement, including subpoena requests, (VI) to comply with any dispute resolution process, (VII) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (VIII) to avoid any civil or criminal liability on the part of TeMojo, its officers, directors, employees and agents, as well as TeMojo’s affiliates or vendors.
We reserve the right to review every Account for excessive space and bandwidth utilization and may terminate or apply additional fees to those Accounts that exceed allowed levels.
You acknowledge you have read, understand and agree to be bound by our Anti-Spam Policy referenced below. You agree we may terminate any Account which we believe is transmitting or is otherwise connected with any spam or other unsolicited bulk email. Further, if actual damages cannot be reasonably calculated, then you agree to pay TeMojo liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
8. SCREENING AND ACCOUNT TERMINATION
TeMojo generally does not pre-screen User Content. However, we may decide whether any User Content is appropriate or complies with this Agreement. Accordingly, we may remove any item of User Content or terminate a User’s access to this Site or its Services for posting or publishing any material for any reason whatsoever at our sole and absolute discretion. We may do this at any time and without any notice. We may also terminate a User’s access if we believe the User is a repeat offender. If we do, we may remove and destroy any data and files stored by you on our servers.
9. LINKS TO OTHER WEBSITES
This Site and its Services may contain links to third-party websites that are not owned or controlled by TeMojo. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Further, we do not censor or edit the content of any third-party websites. By using this Site or its Services, you release TeMojo from any and all liability arising from your use of any third-party website. Consequently, you should be aware when you leave this Site or its Services and should review the terms and conditions, privacy policies, and other governing documents of other websites that you may visit.
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. TeMojo, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TeMojo, its officers, directors, employees, and agents make no representations or warranties about (I) the accuracy, completeness, or content of this site, (II) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (III) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and TeMojo assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by TeMojo, its officers, directors, employees, mentors, or agents (including without limitation its call center or customer service representatives) will (I) constitute legal or financial advice or (II) create a warranty of any kind with respect to this Site or its services, (III) create a warranty of any kind regarding you receiving an athletic scholarship nor the accuracy of the advice, and users should not solely rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or its services.
11. TeMojo’s LIMITATION OF LIABILITY
TeMojo, its officers, directors, employees, or agents will never be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (I) the accuracy, completeness, or content of this site, (II) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (III) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (IV) personal injury or property damage of any nature, (V) third-party conduct of any nature , (VI) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (VII) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (VIII) any viruses, worms, bugs, trojan horses, or the like which may be transmitted to or from this site or any sites linked to this site, (IX) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated”, obscene or otherwise objectionable, and/or (X) any loss or damage of any kind incurred as a result of your use of this Site or its services, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not TeMojo is advised of the possibility of such damages.
You specifically acknowledge and agree that any cause of action arising out of or related to this Site or its services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. You also specifically acknowledge and agree that in no event shall TeMojo’s total aggregate liability exceed the total amount paid by you for the particular Service’s that are the subject of the cause of action.
This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or its services.
12. YOUR LIABILITY
You agree to protect, defend, indemnify and hold harmless TeMojo and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by TeMojo directly or indirectly arising from (I) your use of and access to this Site or its services; (II) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (III) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or its services.
You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. TeMojo reserves the right to change its prices and fees at any time without the need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.
Where refunds are issued, TeMojo’s issuance of a refund receipt is confirmation that TeMojo has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank or your credit card provider establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.
TeMojo may participate in recurring billing programs supported by your credit card provider. If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, TeMojo will automatically update your payment profile on your behalf. We do not guarantee that we will request or receive updated credit card information. It is your sole responsibility to modify and maintain your Account settings, including (I) setting your renewal, or recurring billing options and (II) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and TeMojo shall not be liable to you or any third party regarding the same.
If for any reason TeMojo is unable to charge your Payment Method for the full amount owed for the Services provided, or if TeMojo is charged a penalty for any fee it previously charged to your Payment Method, you agree that we may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason TeMojo is unable to charge your credit card with the full amount owed for the Services provided, or if TeMojo is charged back for any fee it previously charged to the credit card you provided, you agree that TeMojo may pursue all available lawful remedies in order to obtain payment. You also agree that the remedies TeMojo may pursue in order to effect payment shall include immediate cancellation without notice to you of any account or services.
TeMojo reserves the right to charge you reasonable “administrative fees” or “processing fees” for (I) tasks TeMojo may perform outside the normal scope of its Services, (II) additional time and/or costs TeMojo may incur in providing its Services, and/or (III) your noncompliance with this Agreement (as determined by TeMojo in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with TeMojo
14. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for one (1) year or more for any reason, and (I) TeMojo is unable to issue payment to such customer or (II) TeMojo issued payment to such customer in the form of a paper check but the check was never cashed, then TeMojo will charge a $5.00 per month service fee until TeMojo is contacted by you or the credit is exhausted whichever comes first.
15. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
16. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement confers any third-party rights or benefits.
17. COMPLIANCE WITH LOCAL LAWS
TeMojo makes no representation or warranty that the content available on this Site or its services are appropriate in every country or jurisdiction, and access to this Site or its services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or its services are responsible for compliance with all local laws, rules and regulations.
18. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the laws of the United States and the state law of Texas, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Dallas County, Texas, and you consent to (and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to) jurisdiction and venue in the state and federal courts of Walworth County, Wisconsin. You agree to waive the right to trial by jury in any action or preceding that takes place relating to or arising out of this Agreement.
19. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and can’t be used in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
20. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
TeMojo, Inc. does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse compliant center to register allegations of spam abuse. Customers suspected to be using TeMojo products and services for the purposes of sending spam are fully investigated. Once we determine there is a problem with spam, we will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at email@example.com
How We Define Spam
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This includes:
I. Email Messages
II. Newsgroup postings
III. Windows system messages
IV. Pop-up messages (aka “adware” or “spyware” messages)
V. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
VI. Online chat room advertisements
VII. Guestbook or Website Forum postings
VIII. Facsimile Solicitations
What We Permit and Don’t Permit
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by TeMojo’s no spam policies.
What we do
If we determine the services in question are being used for spam, we will re-direct, suspend, or cancel any account at our sole and complete discretion. The registrant or customer will be required to respond by email to TeMojo stating that they will stop sending spam and/or have spam sent on their behalf. We will then require a non-refundable reactivation fee to be paid before any services are reactivated. If we determine the abuse has not stopped after services have been restored the first time, we may terminate the account permanently. To report spam, we encourage all customers and recipients of email generated from our products and services to report it to us at firstname.lastname@example.org