IMPORTANT: These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), are binding on you and govern your use of and access to www.mojingo.com and any and all of the website's subpages (collectively, the "Website").
Welcome to Mojingo.com. This is not a gaming or gambling website. If you're looking for that type of site, you won't find it here. You cannot place a bet or gamble at or through this Website. You understand and agree that this Website is for informational and entertainment purposes only. The Website provides its visitors with various sports-related informational materials, including but not limited to professional sports statistics, player and team reviews and commentaries, handicap information and commentaries from other users of the Website who may opine on one or more professional sports teams or individual players.
All of the content at the Website, as well as any other content available at or through the Website (collectively, "Content"), is provided for your informational purposes only. Neither Mojingo LLC ("Company", "We", "Us" or "Our") nor any other provider of information at or through the Website guarantees the accuracy or originality of the Content. You agree that if you rely on the Content for any reason whatsoever, you do so at your own risk.
- This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to these Terms by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing this Website, whether you have read these Terms or not. It is suggested that you print this form for your personal records.
- The owner of the Website, Mojingo LLC, a Delaware corporation, ("Company", "We", "Us" or "Our"), reserves the right to revise, amend, or modify this Agreement and Our other policies and agreements at any time and in any manner. You should periodically check this page for any modifications of these Terms. Your continued use of the Website after the modification of this Agreement shall indicate your acceptance of this Agreement as modified. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then you may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
- If you do not agree to be bound by these Terms, you may not enter, access or use the Website, and you must exit the Website immediately. By remaining on this Website and/or accessing this Website in the future, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
You represent, warrant and covenant that:
- You are at least eighteen (18) years old; and,
- You will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:
- Encourage others to engage in illegal activity;
- Restrict or inhibit any other user from using and enjoying the Website;
- Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
- Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
- Violates, plagiarizes or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
- Contains a virus or other harmful or potentially harmful component, or otherwise tampers with, impairs or damages the Website, or otherwise interferes with any person or entity's use or enjoyment of the Website;
- Contains any commercial or business-related information, advertising, promotional information or solicitations of any kind (whether or not for profit); and/or,
- Constitutes or contains false or misleading indications of origin or statements of fact.
While using the Website, you shall not:
- Duplicate the Website or any of the materials, information or related data contained at the Website (collectively, "Materials");
- Create derivative works based on the Website or any of the Materials;
- Remove any copyright or other proprietary notices from the Website or any of the Materials or use the Website or the Website's services or features in violation of Our or any third party's intellectual property or other proprietary or legal rights;
- Create a frame around the Website utilize any framing techniques in connection with the Website or any of the Materials;
- Violate the federal, state or local laws or regulations applicable to you in any jurisdiction to which you are subject;
- Engage in improper or fraudulent activity of any sort at the Website;
- Engage in any activity, or encourage any third party to engage in any activity, that is intended to harm, diminish or otherwise negatively impact the interests of the Website and/or the interests of other users of the Website, including without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- Engage in "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; or,
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity or attempt to gain unauthorized access to other computer systems through the Website.
- The Website contains images, graphics, text and related descriptive content ("Content"), some of which is protected by copyright and trademark laws. The Content of the Website is only for your personal, noncommercial use. The Content may be supplied by Us, by you, or by third parties.
- In the event that you supply Content to Us, you grant to Us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide right to use, reproduce, modify, and disseminate such Content as we deem necessary for purposes of the Website. In addition, you warrant that you have the right to supply your Content to Us, and to grant Us the license described herein.
- The Content is obtained from various sources, and We do not represent or warrant that the Content is complete, accurate or error-free. The Content contains subjective information, and should not be considered to be "expert" advice, or advice from professionals possessing a higher degree of skill or knowledge than you. You agree to abide by any and all additional copyright or trademark notices, information, or restrictions contained in any part of the Website. You further agree that We shall be held harmless from and against any claims, losses, expenses, penalties or other costs arising from or related to any errors or inaccuracies of the Content, regardless of the source of such Content.
- All proprietary Content of the Website, including but not limited to Our logo, trademarks, copyrighted materials (regardless of whether such materials are registered or not), and Our original works of authorship are Our property and/or the property of Our licensors ("Website Intellectual Property"). Other than as expressly allowed herein or by applicable law, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Website Intellectual Property. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Website Intellectual Property, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the Website Intellectual Property, 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.
- In the event that you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
"Public Forum" means an area, site or feature offered as part of this Website that offers the opportunity for users to publish or distribute submissions for viewing by one or more Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail functionality. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the submissions you distribute on or through the Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any submission posted in any Public Forum is at your own risk. We owe you no obligation, and therefore may refuse to post or deliver, remove, modify or otherwise use or take any action with respect to submissions you distribute through the Website.
We neither represent nor endorse the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such message, advice, opinion, statement, memorandum, or information shall be at your sole risk. We reserve the right, in Our sole discretion, to correct any errors or omissions in any portion of the Website. We shall not have any duty to correct any errors or omissions in any portion of the Website.
Some websites that are linked to the Website are owned and operated by third parties. Because the Website has no control over such third party websites and resources, you acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and you understand that We do not screen or endorse such sites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such third party websites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
Any other party that links to the Website:
- Shall not create a browser or border environment around any of the content of the Website;
- May link to the Website's homepage (i.e., www.Mojingo.com), but shall not "deep link" past the homepage or replicate the Website's content;
- Shall not imply that the Website or Mojingo.com is endorsing or sponsoring it or its products;
- Shall not present false information about Mojingo.com or its products or services;
- Shall not use Trademarks without the prior written permission from Mojingo.com; and,
- Shall not contain content that could be construed as distasteful, offensive or controversial.
- 1. Visitors to the Website may browse the site; however, in order to participate in any contests or receive certain premium information and/or premium level access (as further described below), you must register with the Website. In addition, from time-to-time We may establish additional tiers of registration in order to provide registered users with access to additional premium content and/or features (collectively, "Premium Features"). We reserve the right to charge a registration fee for access to Premium Features.
- In the event that you register with the Website for any purpose, then in addition to the other Terms contained herein, you also agree to the following:
- You are at least eighteen (18) years old, and can produce a valid government-issued identification evidencing your correct age upon Our request;
- Any information you provide to the Website, including all biographical information and financial information (if any) is accurate, complete, and solely describes or relates to you and no other person;
- You are voluntarily participating at the Website, and agree to be bound to the terms of this Agreement as well as any applicable contest rules; and,
- You shall not bypass any security and/or access feature of the Website, or encourage any person to engage in such behavior.
- If We believe that the information you provide to the Website is not correct, current or complete, We have the right to refuse you access to the Website or to any of its resources, and to suspend or terminate your access at any time.
- Your registration with the Website may not be assigned, transferred or sold to any third party. We disclaim any and all liability arising from fraudulent entry and use of the Website, including any liability arising from you providing Us with false information when registering with the Website. If a user fraudulently obtains access to the Website, or otherwise engages in any activity that jeopardizes the safety, security or integrity of the Website or its features or functionalities, We may terminate such user's registration and/or Website access immediately and take all necessary and appropriate actions under applicable federal, state, and international laws. Registration is void where prohibited.
- You understand and agree to abide by the rules of any contest which you participate in. The rules to each contest will be provided along with the information about the contest. No purchase is ever required to participate in any contest at the Website.
- You understand and agree that in the event that you do not abide by any of the rules in this Agreement or the rules of any contest in which you participate, you will be disqualified from that contest and you will be ineligible to win any prize offered under that contest.
- You understand and agree that any registration fee paid by you will be in U.S. dollars and shall be nonrefundable.
- You may elect to have any monetary prizes that you win through any contest offered by the Website credited toward your account.
- You shall ensure that you log out of your account at the end of each session at the Website. Your failure to do so may enable others to utilize your account without your permission.
- You understand and agree that We may cancel any contest at any time, without any liability whatsoever, if We believe, in Our sole and exclusive discretion, that the integrity of the contest has been or will be compromised, or that the contest is prohibited in one or more jurisdictions. In addition, We may cancel a contest without any liability whatsoever if, due to a force majeure event, We are unable to fulfill the contest's requirements or continue to offer the contest at or through the Website.
- This Agreement shall be effective upon your use of, or access to the Website.
- You may cancel your Website registration at any time by sending an email to the Website and providing Our customer service department with a notice of your intent to cancel your account along with your user name and password. In the event that your account is terminated or canceled as provided herein, no refund, including any credits in your account, will be granted and shall be immediately forfeited.
- We may terminate your registration at any time for any reason. In the event that We terminate your account for cause, We may immediately terminate your access to the Website, and all amounts and credits otherwise held by you shall be immediately forfeited. For the purposes of this provision, "for cause" shall include, but shall not be limited to, (i) a breach by you of any of the terms of this Agreement, (ii) your failure to pay any amounts when due, (iii) Our inability to verify or authenticate any information you provide to us, or (iv) Our receipt of information that your actions are causing, or may cause, legal liability for you or for the Website.
- You agree that if your account is terminated for cause, you will not attempt to re-register with the Website without Our prior written consent.
- You expressly agree that your use of the Website is at your own and sole risk. The Website, including all materials contained therein, provides no warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
- We make no representations or warranties that the Website or any materials contained therein will be uninterrupted, timely, secure, or error free; nor do We make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the Website or any of the Content contained therein. We assume no liability or responsibility for any error or omission in any Content or other information viewed on or obtained through the Website.
- You understand that the Website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet and shall not be liable for any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the Website or your downloading of any materials or Content from the Website.
- The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise between Us and you, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- In no event shall We or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers, be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from your use, misuse, or inability to use the Website or any of the materials contained therein, even if the Website has been advised of the probability of such damages. This limitation applies for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Website has been advised of the possibility of such damages.
- In no event shall the Website's maximum total aggregate liability hereunder for all damages exceed the total fees actually paid by you to the Website for the transaction(s) that form the basis of your claim. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless Us and Our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use the Website or any of the Content contained therein, or your breach of any of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We shall be provided with counsel of Our choosing, and shall control the reasonable disposition and settlement of any such claim or suit.
- When you register with the Website, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, "Notices"), whether or not the Notices are related to the service you signed up for, electronically. You consent to receive Notices electronically in either or both of the following ways:
- We may post the Notice on our website (www.mojingo.com); or,
- We may transmit the Notice to you by email.
- If you do not wish to receive Notices from Us electronically, you should not register with the Website.
- All Notices provided to you electronically will be deemed to be "in writing." You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- In order to receive Notices electronically from Us, you must have (i) an Internet browser, such as Internet Explorer 8.0 or greater, (ii) an email account and email software, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, and (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
- The Website is protected by the copyright laws of the United States. We respect the intellectual property of others, and we ask you to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Our designated copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- 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; 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Florida state courts in New York County, New York, for all state court matters, and the Southern District of New York for all federal court matters.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Our performance.
This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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