Mojified Terms of Service
 
(23 April 2019 last updated)
(Effective 18 April 2019)
These Terms of Service (“Terms”) are a contract between you and Mojified. They govern your use of Mojified’s sites, services, mobile apps, marketplace, products, and content (“Services”).
By using Mojified, regardless of your subscription level or user status as a Certified Content Creator, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Mojified.
We can change these Terms at any time. We keep a historical record of all changes to ours Terms. If a change is material, we’ll let you know before they take effect. By using Mojified on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.
Content rights & responsibilities

  • You own the rights to the content you create and post on Mojified or to the Mojified Marketplace, collectively Mojified.
  • By posting content to Mojified, you give us a nonexclusive license to publish it on Mojified Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it).
  • You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
  • You’re welcome to post content on Mojified that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Mojified, you represent that doing so doesn’t conflict with any other agreement you’ve made.
  • By posting content you didn’t create to Mojified, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Common http://creativecommons.org/licenses/)), or a fair use.
  • We can remove any content you post for any reason.
  • You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for a period of time that ensures no interruptions to other users of the same content.

 
Fees to the Services
 
Subscription Fees
 
You agree to pay the subscription fee, which is associated with the relevant subscription level. The subscription Fee will be assessed monthly by Mojified to grant you access to the Services. Subscription fees are non-refundable. You can cancel your subscription at any time and for any reason, however, because the subscription fee is paid monthly, your access to your account will continue to the end of the month, within the month you cancel.
 
Point Fees
 
Access to the Mojified Marketplace does not require a paid subscription. However, regardless of your subscription level content from the Marketplace requires a redemption of points. Each piece of content from the Marketplace will have an associated point value tied to that piece of content, which may or may not be higher or lower, based on your subscription level. Points are then redeemable in exchange for access to content from the Marketplace.
 
Points can be purchased from the Marketplace at the time you wish to acquire content. A point costs $0.10 per point. You agree as part of the Service that you must purchase at a minimum 100 points or $10 worth of points.      
 
You do not need to purchase points until you are ready to acquire the content from the Marketplace. In other words, you can use all of the other Services associated with your subscription level without buying content from the Marketplace. Point Fees are only assessed at the time you require use of content from the Marketplace.
 
In consideration for Mojified granting you access to and use of the Services, you agree that Mojified may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote Mojified, including its products and content. We will never sell your content to third parties without your explicit permission .
 
Considerations and Compensations (making money on Mojified)
Affiliates
Mojified is proud of the Mojified Affiliate Program. Professional subscriptions are automatically enrolled in this program. After you create a Professional account and begin driving traffic to your Mojified site, any visitors that creates a Professional account gets added to your Affiliate Group. As an Affiliate you must abide the same requirements as outlined in the Rules.
Affiliates get paid on four levels of Professional account subscriptions in their Affiliate Group at the following rates: 
Level 1 - 15% of the subscription value
Level 2 - 10% of the subscription value
Level 3 - 6% of the subscription value
Level 4 - 4% of the subscription value.
There is no set time limit on Affiliate payouts. So as long as one of your Affiliate Group members continues to subscribe to a Professional subscription, you’ll continue to get paid.
Compensation for Affiliates shall be paid monthly in arrears, provided the compensation during the pay period (a pay period is based on a calendar month) is at least twenty-five dollars ($25.00). If the balance owed is less than twenty-five dollars ($25.00), the compensation will be paid the within the earliest pay period when the total compensation earned equals to or exceeds $25.00.
Compensation only stops if you change your subscription level or you cancel the Services.
Certified Content Creator
Content Creators submit a sample of their work here. Upon acceptance, they can begin uploading content onto the Marketplace. Mojified users can shop the Marketplace for content that are relevant to their target audience and can subscribe to an article with just a couple clicks. Users gain access to content in exchange for points that they purchase in the Marketplace. Points are then redeemed for cash in which Mojified will pay the Content Creators. Points are valued at $0.07 per points. Most content ranges between 10 to 20 points. The best content will be licensed by more users each month, increasing the potential compensation to a Content Creator.  
Content Creators must always abide the Rules, Copyright and DMCA Policy, and Trademark Policy.   
Compensation for Content Creators licensed work shall be paid monthly in arrears, provided the compensation during the pay period (a pay period is based on a calendar month) is at least twenty-five dollars ($25.00). If the balance owed is less than twenty-five dollars ($25.00), the compensation will be paid within the earliest pay period when the total compensation earned equals to or exceeds $25.00.
 
Our content and services
We reserve all rights in Mojified’s look and feel. Some parts of Mojified may be licensed under third-party open source licenses. We may also make some of our own code available under open source licenses. As for other parts of Mojified, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Mojified unless otherwise permitted by law.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we may provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
Crawling the Services is allowed, but scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
Security
If you find a security vulnerability on Mojified, tell us at <a href="mailto:security@mojified.com">security@mojified.com.
Incorporated rules and policies
By using the Services, you agree to let Mojified collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting Mojified transfer, store, and process your information (including your personal information and content) in and out of the United States.
To enable a functioning community and platform, we have Rules. To ensure usernames are distributed and used fairly, we have a Username Policy. Under our DMCA Policy, we’ll remove material after receiving a valid takedown notice. Under our Trademark Policy, we’ll investigate any use of another’s trademark and respond appropriately.
By using Mojified, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.
Miscellaneous
Disclaimer of warranty. Mojified provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability. Mojified won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
Indemnification. You hereby agree to indemnify and hold harmless Mojified, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees, which will include an allocable portion of the expense of such party's legal department), and costs (any or all of the foregoing hereinafter referred to as &lquo;Losses&rquo) insofar as such Losses (or actions in respect thereof) arise out of or are related to: (i) any claim that your use of the Services infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you or on your behalf herein; (iii) the development, operation, maintenance and content of your use of the Services, and products and services promoted by you, or any claim related to your site on the Services, including, without limitation, content therein not attributable to us; or (iv) any representation or warranty made by you on the Services or otherwise relating to the Services that exceeds the representations and warranties made by Mojified regarding such Services.
 
Independent Investigation. YOU ACKNOWLEDGE BY PRESSING THE "I ACCEPT/AGREE" BUTTON THAT (A) YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, (B) YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE, (C) YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT AND (D) YOU ACKNOWLEDGE THAT MOJIFIED HAS MADE NO REPRESENTATION REGARDING THE POSSIBILITY OR AMOUNT OF CONSIDERATIONS THAT MAY BE EARNED PURSUANT TO THE SERVICES.
No waiver. If Mojified doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law and jurisdiction. These Terms are governed by Utah law, without reference to its conflict of law provisions. You agree that any suit arising from the Services must take place in a court located in Utah County, Utah.
Attorneys' Fees. If either of the parties hereto (or any successor thereto) resorts to legal action in order to enforce, defend or interpret any of the terms or the provisions of this Agreement, the prevailing party will be entitled to receive, in addition to such other remedies as will be awarded to it in such legal action, reimbursement from the non-prevailing party for all reasonable attorneys' fees and all other costs incurred in commencing, maintaining or defending such action (which will include an allocable portion of the expense of such party's corporate legal department). In addition, the prevailing party will be entitled to recover from the non-prevailing party post-judgment attorneys' fees incurred in enforcing a judgment against the non-prevailing party.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Mojified and you concerning the Services.
Questions? Let us know at legal@mojified.com.