Terms of Service


Updated: 01/3/2014

Mojolicious, LLC (“Mojolicious) owns and operates MojoBistro, an online platform to enable you to develop and manage smart phone and tablet applications (“mobile apps”) through the MojoBistro.com website (“Site”), MojoBistro mobile app development software, MojoBistro Test Kitchen application and other related development and support services (collectively, the “Service”). By using the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Mojolicious reserves the right to update and change the Terms of Service from time to time without advance notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.

Registration and Security

As a condition to using the Service, you are required to register with Mojolicious and select a password and enter your email address ("Mojolicious User ID"). You shall provide Mojolicious with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) use as a Mojolicious User ID a name of another person with the intent to impersonate that person; and (ii) use as a Mojolicious User ID a name subject to any rights of a person other than you without appropriate authorization. Mojolicious reserves the right to refuse registration of, or cancel a Mojolicious User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Mojolicious password.

Privacy Policy

Your Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.mojobistro.net/privacy-policy (the "Privacy Policy").

General Use Instructions

By using the Service, you represent that you are at least 13 years old and human (rather than a “bot” or other automated process). You represent that all information provided by you to Mojolicious through the Service or by other means is accurate. You may not use the Service for any illegal or unauthorized purpose, including but not limited to any use that violates any government law or regulation, infringes upon intellectual property, or tortuously harms another person or entity in any form.

Without limitation to any of the foregoing, you additionally agree that

1. You will not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Mojolicious service.

2. You will not reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mojolicious.

3. You will not engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mojolicious customer, employee, member, or officer. A violation of this provision will result in immediate Account termination.

4.You will not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages in any way to Mojolicious employees members, or officers or to anyone through use of the Service.

5.You will not transmit any worms or viruses or any code of a destructive nature to Mojolicious customers, employees, members, or officers, or to any individual through use of the Service.

Content Ownership

Mojolicious claims no intellectual property rights over your mobile apps. However, your ability to publish your mobile app to content distributors, including, but not limited to, Apple, Inc. (App Store), Google, Inc. (Android store), and Microsoft, Inc. (Windows Phone Marketplace) is expressly conditioned upon prior payment to Mojolicious for use of the Site and Services. Detailed pricing information can be found on the Pricing page of the Site.

By using the Service or Site to create your mobile app, you agree to allow other users of the MojoBistro service to view and share your creations.

Mojolicious does not pre-screen mobile apps, but Mojolicious and its designees have the right (though not the obligation) in their sole discretion to refuse or remove any mobile app that is visible to other Mojolicious users via the Service for any reason.

The Site and the Service, including but not limited to their underlying code and "look and feel," are protected by copyright, trademark, and other laws of the United States and foreign countries. Mojolicious exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the computer code, HTML/CSS or visual design elements of the Site or the Service without express written permission from Mojolicious.

You shall be solely responsible for securing and paying for any and all third-party intellectual property rights required for use in connection with your mobile app developed using the Service.

You shall be solely responsible for designing your mobile app to conform with all required specifications for upload to content distributors, including, but not limited to, Apple, Inc. (App Store), Google, Inc. (Android store), and Microsoft, Inc. (Windows Phone Marketplace).

Certain information and content may be provided by third party licensors and suppliers to Mojolicious for use on the Site, the Service, or both ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Absent permission from the owner of the Third Party Content, you may only display the Third Party Content on your personal computer for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. MOJOLICIOUS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Payments and Refund Terms

A valid credit card is required to register for the Service.

Mojolicious shall bill you for use of the Service as described in detail on the Pricing page of the Site.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

If invoiced, payment is due upon receipt.

Modifications to the Services and Prices

Mojolicious reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) and the Site with or without prior notice.

Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.

Mojolicious shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.

From time to time, Mojolicious may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Mojolicious will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

Cancellation and Termination

You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via MojoBistro Test Kitchen website. Cancellations by phone or sent via any other means will not be considered valid.

All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.

If you purchase monthly subscription Service from Mojolicious and subsequently cancel your Account, your cancellation will take effect immediately, and you will be charged a prorated fee, if applicable, for any unbilled use of the monthly services up until the date of cancellation.

Mojolicious, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. The reasons for this might include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all mobile apps in your Account.

Mojolicious reserves the right to refuse service to anyone for any reason at any time.

Disclaimers

Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOJOLICIOUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Mojolicious does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Indemnity

You agree to defend, indemnify, and hold Mojolicious, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your mobile app.

Limitations of Liability

You expressly understand and agree that Mojolicious shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mojolicious has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service or Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service or Site; (v) or any other matter relating to the Service or Site. In no event shall Mojolicious’s liability to you exceed the amount actually paid to Mojolicious by you during the preceding 12 months.

Governing Law

These Terms of Service and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. Any disputes relating to these Terms of Service or the Service or Site will be heard in the courts located in Illinois.

Miscellaneous Provisions

If any of these Terms of Service is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Mojolicious’s failure to enforce any of these Terms of Service is not a waiver of such term. The Terms of Service are the entire agreement between you and Mojolicious and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Mojolicious about the Service or Site. The content owner ship rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Service.

Questions about these Terms of Service should be sent to support at support@mojobistro.net

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