The Mojiit App is a social messaging application, which uses augmented reality technology to project customized 3D hologram emoji into the real world!
The App is licensed to you by Mojiit for personal use on your mobile smartphone device or other authorized devices. All other uses are prohibited. Accounts Creation of Your Account. You need to register for an account to use the App. You may only create an account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an account with us in order for you to access and use the App.
You can only create an account through a registration form in the App or by connecting a social network login to the App. You are solely responsible for the activity that occurs on your account. You agree to keep your account and phone secure and to notify Mojiit immediately of any breach of security or unauthorized use of your account.
You agree that you will not engage in conduct or communication in connection with the App which: is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam); is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the App an uncomfortable experience for anyone; restricts, inhibits, or discourages any other user from using the App; hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the App experience;
violates any local, state, federal, or international laws or gives rise to civil liability; violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right); imposes an unreasonable or disproportionately large load on the App or otherwise interferes with the App; is a “chain letter,” or constitutes “junk mail”; specifies or claims that that you are affiliated with Mojiit when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Mojiit; requests account login information from other users; “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts); uses programs to “crack” the App or other Internet security tools; contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the App; or anything else that Mojiit, in its sole determination, deems harmful to the App or to Mojiit’s integrity or business.
User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the App is generally known as “user generated content,” or “UGC” for short. Your UGC includes any posts, uploaded or shared audio, video, or images, or comments posted on any of the App’s chats, forums, comments sections, or other public and non-public venues. By posting UGC, you represent (i) that you are the owner of the UGC or have all of the necessary rights to share the content, and (ii) give Mojiit permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. This will include, for example, permission to make your UGC available through the App to other users or to use it in our advertising. You are granting to every other user of the App unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes. Appropriateness of Content. You agree that some content may not be appropriate for sharing on the App, including content that does not meet Mojiit’s community standards. The decision of what is and is not appropriate is at Mojiit’s sole discretion. YOU AGREE THAT MOJIIT HAS THE RIGHT TO DISABLE ANY UGC, CONTENT, OR LINK THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU. Discoverability of UGC. Mojiit does not guarantee the privacy of any UGC. If you post any UGC on the App, post a reply to another user’s UGC, or interact with the App in any way, it may potentially be visible to anyone. Safe Usage of the App; Liability; Disputes. You agree that your use of the App is at your own risk, and that it is your responsibility to obtain and maintain any insurance policies (including health, liability, personal injury, medical, life, and others), that are reasonably necessary for any injuries sustained while using the App. You agree not to violate (or encourage any third party to violate) any laws or regulations, including trespass-related laws, while using the App.
Without limiting the foregoing, you agree that you will not (i) assault or threaten any third party, (ii) enter any third party’s private property without permission, (iii) or engage in any other activity which may reasonably result in injury, death, damage to property, or any other kind of legal liability. If there is a dispute between you and any other user of the App or other third party regarding your use of the App, you hereby release Mojiit, their officers, directors, agents, partners, parents and subsidiaries, and employees from all claims, demands, and damages (whether actual or consequential) of all kinds, which arise out of or are connected in any way with such disputes. App Content Access to Content. App content, including yours and other users’ UGC, Mojiit content, and all other text, videos, images, audio, and other content contained within the App (the “Content”), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the App and as permitted under this Agreement.
You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Mojiit or the respective licensors of the Content, except as permitted under this Agreement. Mojiit and its licensors reserve all rights not expressly granted in and to the App and the Content. Exposure to Content. You understand that when using the App, you may be exposed to Content from a variety of sources, and that Mojiit is not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You understand that Mojiit is not responsible for the conduct of any user of the App. You understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Advertising. The App is supported by advertising revenue and may display advertisements and promotions within the App. You understand that when using the App, you will be exposed to those advertisements and promotional materials, either on their own or in conjunction with your UGC and other users’ UGC. The way these materials are presented to you, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not be identified as such. Other Rights and Limitations Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the App. Distribution. The license granted under this Agreement is non-transferable. The App and your account are licensed for your use only and only on a mobile smartphone device or other authorized device. You may not distribute the App to any third party. Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the App, or take any steps to recreate or recover the source code of the App. Support Services. Mojiit may, in its sole discretion, provide you with support services related to the App (“Support Services”). Mojiit is not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be a default of Mojiit under this Agreement.
For example, Mojiit may elect to terminate this Agreement if Mojiit, in its sole determination, discontinues the App, stops supporting or maintaining the App, ceases to provide updates, no longer offers the App for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination, (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the App in your possession. If modification of the Agreement by Mojiit materially affects your rights in connection with the App, as determined by Mojiit in its sole determination, Mojiit may, but is under no obligation to, notify you by sending an email message to your last email address known to Mojiit or through the App. Mojiit has no liability if you do not receive Mojiit’s notification. Termination of this Agreement can only occur after the deletion of all copies of the App in your possession, and by deleting your account, if any, by notifying us at email@example.com. Links The App, or third parties (including other App users), may provide links within the App to other websites, apps, content, or resources (the “Linked Services”), which are not maintained by, or related to Mojiit or the App. Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with Mojiit. Mojiit has no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service. Because of this, you acknowledge and agree that Mojiit is not responsible for the availability of such links, resources, and content, and that Mojiit does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that Mojiit is not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the App are solely between you and that third party. Mojiit Copyright and Trademark As between you and Mojiit, all rights in and to the App and any copies of the App, are owned by Mojiit. As between you and Mojiit, all title and intellectual property rights in and to the Content which may be accessed through use of the App is the property of Mojiit or its respective rights holders, and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except in and in connection with the App, as set forth in this Agreement. All rights not expressly granted are reserved by Mojiit. The Mojiit name and logo are the exclusive trademarks of Mojiit, and may not be copied or used, in whole or in part, without Mojiit’s prior written permission. Digital Millennium Copyright Act If you are a copyright owner or their agent, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent may be reached by physical or electronic mail at the following addresses: Copyright Agent
13351 Riverside Dr. #562
Sherman Oaks, CA 91423
Except as otherwise provided in this Agreement, (i) you and Mojiit may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.