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Mojaday (“Company,” “we,” or “us,” “our”) is committed to protecting your privacy online. This Privacy Policy (“Policy”) describes the personal data we collect through this website at mojaday.com (the Mojaday provides Mojaday’s website (“the Site”), currently located at www.mojaday.com, and offerings (“Services”) subject to these conditions. By accessing or using the Site and Services, you agree to be bound by these Terms and Conditions (“TAC”). If you are a representative for a group, company, or entity, you represent that you have the legal authority to bind such individual or entity and you guarantee compliance by such individual or entity with these conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR SERVICES.
(A.) Eligibility. The Site and Services are intended for use by persons 18 years of age or older. The Site and Services are not intended for children under the age of 13. Children under the age of 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions.
(B.) Site Content Ownership. All materials and content on the Site and Services, including User Content (defined in Section 1(e) below), (collectively, the “Site Content”) are the proprietary property of us or our licensors (including other users of the Site), including respective copyrights, logos, slogans, trademarks, and service marks. As between you and us, you shall retain all rights in your User Content subject to the licenses granted in these Terms and Conditions.
(C.) Your License to Use the Site and Mojaday Services.
i. Mojaday and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the Site and Services, except as expressly provided for in these TAC. You will not acquire any right, title or interest therein under these TAC or otherwise.
ii. Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Mojaday Services and access and interact with Site Content. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Mojaday; create derivative works based on the Products or any third-party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TAC, Mojaday may revoke the license granted to you.
(D.) Third-Party Services. Mojaday may use third parties to provide certain services accessible through the Site. Mojaday does not control those third parties or their services, and you agree that Mojaday will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TAC when you use these services. If any such terms or policies conflict with Mojaday’s TAC, agreements or policies, you must comply with Mojaday’s TAC, agreements or policies, as applicable.
In the event any specific terms and conditions applicable to any particular Service conflict with these General Terms and Conditions, the specific terms and conditions shall apply.
(A.) Prohibited Use. Except as may be expressly permitted by Mojaday, you may not:
(i) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site, Mojaday Services;
(ii) impersonate another person or entity;
(iii) use any meta tags, search terms, key terms, or the like that contain Mojaday’s name or trademarks; or
(iv) engage in any activity that interferes with another user’s ability to use or enjoy the Site and Mojaday Services.
(B.) Privacy Policy. By entering into these TAC, you agree to Mojaday’s collection, use and disclosure of your personal information in accordance with the Mojaday Privacy Policy.
(C.) Monitoring. Mojaday reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Mojaday determines that you or another Mojaday user will breach a term or condition of these TAC or that such transaction or communication is inappropriate, Mojaday may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(D.) Modification. Mojaday reserves the right at any time to modify, discontinue or terminate Services, or modify these TAC, without notice.
(A.) Service Fees. For use of certain offerings, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such offerings in accordance with the terms thereof. Fees vary by offering. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing offerings and services to you.
By submitting User Content to the Site or in connection with any offering, you acknowledge, represent, and warrant to Mojaday that, in your use of the Site and Mojaday Services:
i. you own or control all necessary rights in and to the User Content, and you have the full right and authority to grant the rights, licenses, and permissions in these Terms and Conditions;
ii. the exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful materials;
iii. you will comply with all applicable laws, rules, and regulations;
iv. your Submissions do not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
(A.) Marketing and Promotional Use.
When you submit metadata, questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Mojaday permission to use such submissions for marketing and other promotional purposes. You agree that Mojaday will have no obligation to keep any Submissions confidential and you will not bring a claim against Mojaday based on “moral rights” or the like arising from Mojaday’s use of a Submission.
(A.) Disclaimer of Warranties. Mojaday provides the site and offerings on an “AS IS” and “AS AVAILABLE” basis. Mojaday does not represent or warrant that the Site, Mojaday Services or its use: (i) will be free of inaccuracies or errors, (ii) will meet your requirements or standards. Mojaday makes no warranties other than those made expressly in these TAC, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
(B.) Limitation of Liability. Notwithstanding anything to the contrary contained herein, in no event will the liability of either party in connection with these TAC exceed the greater of (i) the amount paid or payable by Mojaday to you during the six months immediately preceding the event that gives rise to such liability or (ii) $100. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS AND CONDITIONS.
(C.) Exclusion of Damages. Mojaday will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages for any lost profits) arising out of, relating to or connected with the use of the Site or Services.
(A.) Termination. The agreement continues until terminated by either you or Mojaday. If you terminate your agreement, we will remove your product items from our service within 31 days and take your store down.
(B.) Survival. These TAC will survive indefinitely unless and until Mojaday chooses to terminate them.
(C.) Effect of Termination. If you or Mojaday terminates your use of the Site or Mojaday Services, Mojaday may delete any Submissions, information, or other data from the Site or Mojaday Services at any time, and we have no obligation to maintain copies of any deleted information.
You hereby agree to fully indemnify, hold harmless and defend Mojaday, its agents, officers and employees, against any and all claims or suits arising from, or alleging, a breach by Client of any of the representations, warranties or covenants made by Client herein, including intellectual property rights. Mojaday will promptly notify you of any such claim or suit. If you have to indemnify Mojaday under this Section, Mojaday will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Mojaday’s express written permission.
Mojaday may amend this agreement at any time. Mojaday will inform Client via a notice by email in such a case. In the event that you do not consent to the applicable amendments, your recourse will be to provide cancellation correspondence to Mojaday by the method articulated in item 6. If you do not provide cancellation notice, you will be deemed to have accepted the applicable amendments.
You acknowledge and agree that in the course of using certain Services you may become aware of certain otherwise confidential information related to our business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from or relating to these Terms and Conditions, the Site, or Mojaday Services shall be subject to the exclusive jurisdiction of the courts located in California. The fulfillment of Client’s obligations is integral to the success of Mojaday’s business dealings, and Mojaday will be entitled to injunctive relief to enforce these provisions. Injunctive relief is not, however, Mojaday’s exclusive remedy in the event of a breach.
If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms and Conditions shall continue in full force and effect. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mojaday without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and Mojaday, and neither you nor Mojaday, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor Mojaday has the authority to bind the other under any contract, agreement, or otherwise.
For questions or comments regarding these Terms and Conditions or this Site, please contact us by email at hello@mojaday.com.
Updated 10/20/2025
