InMojo Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY INMOJO, LLC. ("InMojo"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.INMOJO.COM/ (THE "SITE") AND ALL SERVICES PROVIDED BY INMOJO ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. If you have any questions, please contact the InMojo support by email at support@inmojo.com.

InMojo is a Venue

InMojo acts as a venue to allow users who comply with InMojo's policies to offer, sell and buy certain handmade goods within a fixed-price format. InMojo is not directly involved in the transaction between buyers and sellers. As a result, InMojo has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. InMojo does not pre-screen users or the content or information provided by users. InMojo cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, InMojo does not transfer legal ownership of items from the seller to the buyer.

InMojo cannot guarantee the true identity, age, and nationality of a user. InMojo encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that InMojo is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on InMojo. You use the InMojo service at your own risk.

Membership Eligibility

Age:

InMojo's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. InMojo may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use InMojo's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance:

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by InMojo's policies as stated in the Agreement and the InMojo policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by InMojo, each of which is incorporated herein by reference and each of which may be updated by InMojo from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by InMojo from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password:

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify InMojo of any unauthorized use of your password or any breach of security. You also agree that InMojo cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than InMojo without InMojo's express written permission.

Account Information:

You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on InMojo you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer:

You may not transfer or sell your InMojo account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service:

InMojo's services are not available to temporarily or indefinitely suspended InMojo members. InMojo reserves the right, in InMojo's sole discretion, to cancel unconfirmed or inactive accounts. InMojo reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Services

Joining and setting up a shop on InMojo is free. InMojo charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. InMojo's fees policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for InMojo's services are effective after InMojo provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, InMojo may choose to temporarily change the Fees Policy and the fees for InMojo's services for promotional events (for example, free listing days); such changes are effective when InMojo posts the temporary promotional event on the Site. InMojo may, at InMojo's sole discretion, change some or all of InMojo's services at any time. In the event InMojo introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using InMojo. InMojo keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

Fees and Termination:

If InMojo terminates a listing or your account, if you close your account, or if the payment of your InMojo fees cannot be completed for any reason, you remain obligated to pay InMojo for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact InMojo support at support@inmojo.com.

Listing and Selling

Listing Description:

By listing an item on the Site you warrant that you and all aspects of the item comply with InMojo's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your InMojo store. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags and licensing classification. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies:

All sellers are urged to outline shop policies for their InMojo shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with InMojo's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. InMojo reserves the right to request that a seller modify a shop policy.

Binding Sale:

All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance:

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding InMojo transaction fees, misrepresent the item's location, or use another user's account without permission.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to InMojo and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on InMojo.

Restricted Activities:

Your Content and your use of InMojo shall not:

Content

License:

InMojo does not claim ownership rights in your Content. You grant InMojo a license solely to enable InMojo to use any information or Content you supply InMojo with, so that InMojo is not violating any rights you might have in that Content. You grant InMojo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow InMojo to store or re-format your Content on InMojo and display your Content on InMojo in any way as InMojo chooses. InMojo will only use personal information in accordance with InMojo's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another InMojo user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for InMojo-related communications. InMojo has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any InMojo user to your email or physical mail list. For more information, see InMojo's Privacy Policy.

Re-Posting Content:

By posting Content on InMojo, it is possible for an outside website or a third party to re-post that Content. You agree to hold InMojo harmless for any dispute concerning this use. If you choose to display your own InMojo-hosted image on another website, the image must provide a link back to its listing page on InMojo.

Idea Submissions:

InMojo considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and InMojo shall not be liable for the disclosure or use of such Material. If, at InMojo's request, any member sends Material to improve the site (for example through the Forums or to customer support), InMojo will also consider that Material to be non-confidential and non-proprietary and InMojo will not be liable for use or disclosure of the Material. Any communication by you to InMojo is subject to this Agreement. You hereby grant and agree to grant InMojo, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with InMojo's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. InMojo is not involved with user generated groups, the groups' requirements, or the Meetings.

InMojo does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that InMojo does not in any way screen its users. All users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees:

Some user-generated groups on InMojo may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings.

INMOJO IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO INMOJO; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY INMOJO, AND INMOJO HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT INMOJO IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, INMOJO USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS.

Users should use common sense and be careful in deciding whether to contribute money.

Resolution of Disputes and Release

In the event a dispute arises between you and InMojo, please contact InMojo at support@inmojo.com.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Lewes County, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and InMojo agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release InMojo (and InMojo's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. InMojo encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

InMojo, for the benefit of users, may try to help users resolve disputes. InMojo does so in InMojo's sole discretion, and InMojo has no obligation to resolve disputes between users or between users and outside parties. To the extent that InMojo attempts to resolve a dispute, InMojo will do so in good faith based solely on InMojo's policies. InMojo will not make judgments regarding legal issues or claims.

InMojo's Intellectual Property

InMojo, and other InMojo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of InMojo, LLC. in the U.S. and/or other countries. InMojo's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

InMojo may contain robot exclusion headers which contain internal rules for software usage. Much of the information on InMojo is updated on a real-time basis and is proprietary or is licensed to InMojo by InMojo's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access InMojo for any purpose whatsoever, except to the extent expressly permitted by and in compliance with InMojo's prior express written permission. Additionally, you agree that you will not:

Breach

Without limiting any other remedies, InMojo may, without notice, and without refunding any fees, delay or immediately remove Content, warn InMojo's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

InMojo suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, Rules of Good Conduct of InMojo, or other policy documents and community guidelines incorporated herein; InMojo is unable to verify or authenticate any of your personal information or Content; or InMojo believes that a user is acting inconsistently with the letter or spirit of InMojo's policies, has engaged in improper or fraudulent activity in connection with InMojo or the actions may cause legal liability or financial loss to InMojo's users or to InMojo.

Privacy

Except as provided in InMojo's Privacy Policy InMojo will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. InMojo stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

InMojo, InMojo'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND InMojo'S SUPPLIERS PROVIDE InMojo'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. InMojo, InMojo'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND InMojo'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM InMojo SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL InMojo, AND (AS APPLICABLE) InMojo'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR InMojo'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, InMojo'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

InMojo'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF InMojo'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO InMojo IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD InMojo AND (AS APPLICABLE) InMojo'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

InMojo does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside InMojo's control.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any InMojo service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on InMojo's net income).

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and InMojo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

InMojo Service

InMojo reserves the right to modify or terminate the InMojo service for any reason, without notice, at any time. InMojo reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If InMojo makes a material change InMojo will notify you here, by email, by means of a notice on our home page, or other places InMojo deems appropriate. What constitutes a "material change" will be determined at InMojo's sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, excluding its conflicts of laws rules, and the United States of America.

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (InMojo's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to InMojo (in the case of InMojo) or, in your case, to the email address you provide to InMojo (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, InMojo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to InMojo. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in InMojo's Open Source Hardware Licensing Policy.

Disclosures

The services hereunder are offered by InMojo LLC.

Effective Date: October 30, 2010



Open Hardware Definition v1.0 InMojo supports the Open Source Hardware Definition v1.0