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Terms of Service
INDEX
Introduction
  1. For Kids (Under-13s)
  2. For Teens (Over-13s)
  3. For Parents
Terms and Conditions
  1. Terms
  2. Eligibility
  3. Applicable Law
  4. Personal Information
  5. General Behaviour
  6. Developer Behaviour
  7. MojiKan Content
  8. Copyright
  9. Trademarks
  10. Honesty
  11. Purchase Transactions
  12. Safety Tips
  13. Disclaimer
MojiKan Service Agreement

Introduction  

The MojiKan™ is a new kind of 3D online virtual world built around the idea of intelligent pets, avatars and widgets that completely understands and reacts to natural human dialogue. Our core product is the Moji Intelligent Messenger (Moji IM™) where the pets and characters you create or adopt comes to life and understands, reacts and responds to your everyday chat conversations.

We have deliberately made the Moji IM™ and the MojiKan™ a fascinating, safe, cute and fun place where users can chat, interact, explore a world of interactive pets, meet other “virtual pet-owners” with similar personalities and much more in a world of total communication.

As a result, the rules governing your behaviour on the Moji IM™ and in the MojiKan™ are simple. They are based on maintaining this idea of safety, cuteness and fun interaction. They are based on treating other people with courtesy and respect, and to act towards others in a way that you would expect them to behave toward you, your friends or members of your family.

What if others are rude or abusive to me?
If someone is abusive to you we do provide a number of ways to report this and bring it to our attention. This includes attempts by others to solicit personal information from or about you. Important: if someone is abusive to you, do not abuse them back. Just report the incident and move on.

For users who violate our terms of service, we reserve the right to terminate their MojiKan account and confiscate their credits and items without warning. To report an abusive user or an abusive incident, please click here to send us an email regarding such a user or incident.

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For Kids (Under-13s)  

For those of you under 13 years of age, we have created a section in the MojiKan that is specifically designed to give you a safe, fun and un-threatening environment so you can fully enjoy your experience on the Moji Intelligent Messenger and the MojiKan

We have designed the Moji Intelligent Messenger for Kids which comes with our proprietary KidSafe Engine (a system that is able to extract the goal and meaning of a chat conversation in real-time in order to filter out any unwanted or threatening elements in a particular session) and we strongly advise you to install this feature to protect and safe guard and interests and experience using the Intelligent Messenger. For details on our KidSafe Engine, click here.

Our primary interest in this section is your safety, privacy and entertainment. You must comply with the rules and regulations of the MojiKan Terms and Conditions at all times. Please have your parents or legal guardian review the "Basic Summary" and "Terms and Conditions of Service" with you, discuss any questions you might have, and give you their permission to register and use the program with both your and their full understanding of the rules. By registering and using the Moji Intelligent Messenger, the MojiKan and any of our products you are telling us that you and your parents have joined in this agreement.

It is COMPULSORY to seek permission from your parents or legal guardian before you can use the Moji Intelligent Messenger and all our other products.

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For Teens (Over-13s)  

This section is a guideline that will help to explain our Terms and Conditions of the MojiKan, the Moji Intelligent Messenger and all our other related products including code of conduct and behaviour. It is important for you to ensure that you have read these terms and understood them fully.

If you are not yet 18 years old, you must still seek approval and permission for your parents or legal guardian to use our products.

IIf you do not understand or agree with any part of the rules outlined in the "Basic Summary" or "Terms and Conditions of Service", do not use the program or any of our products! If you have any questions or concerns regarding what is written here, please let us know! Do not use the program until these questions and concerns have been answered to your satisfaction, and you agree to abide by the Guidelines and Terms and Conditions of Service. Specific questions about MojiKan’s Terms of Service may be addressed to: morf@morfdynamics.com

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For Parents  

Parents are advised to exercise supervision over their teen's on-line activities. If you have not joined in your teen's or child’s agreement to these Terms and Conditions of Service, please do so.

If you have any further questions you may contact us at: morf@morfdynamics.com

If you are the parent or guardian of a child under 13 and believe that he or she is using the site without your permission or is a victim of abuse and/or misconduct, please contact us at help@mojikan.com

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Terms and Conditions  

  1. TERMS. This website, its contents, and the content of MOJIKAN are subject to international copyright laws. The copyright is owned by MOR(F) Dynamics Pty Ltd; or in the case of some materials, third parties. You understand that your use of the Moji Intelligent Messenger, the MojiKan and all other related products, services and applications is entirely at your own risk and comes without warranties or guarantees of any kind. You are using our products on an "as is" basis, which essentially means that "what you see is what you get". By using our products, you are telling us that you have both the authority to use it, and that you agree to abide by all of its terms and conditions.
  2. ELIGIBILITY. If you are under 13 years of age, you must enter our “Kids Section” of the MojiKan site. If you are older than 13 but younger than 18 years of age, your use of the site, program and related products implies that you have your parent's or guardian's consent and permission to do so. If you are older than 18, then you are free to enter the “Adults Section” of the site.
  3. APPLICABLE LAW. This website (excluding any linked third party sites) is controlled by MOR(F) Dynamics Pty Ltd. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in accordance with the laws in force in Australia (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. MOJIKAN makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
  4. PERSONAL INFORMATION. We will protect your private information from other MojiKan members and visitors. However, please be aware that:
    1. Certain information about yourself is visible in your profile. If you do not want this information shared then your must set the appropriate privacy settings.
    2. Your MojiKan and Moji IM friends are able to see your email address. Keep this in mind when you all someone to be your friend.
    3. NEVER disclose or share your password or log-in details with anyone. Consider changing your password to your MojiKan account and the Moji IM periodically.
    4. The MojiKan and MOR(F) reserves the right to use your contact information and certain information pertaining to your profile and personality in order improve our service, technologies, content and applications to our end-consumers. Some of this information may be used for marketing purposes. The MojiKan and MOR(F) will never disclose any of your private and personal information to other third parties without first seeking your consent and permission.
    5. User registration for the MojiKan and all other related products is compulsory. Personal information provided by MojiKan members will be stored in MojiKan databases for the purpose of improving the service and technological content such as natural language and artificial intelligence components in our system.
    6. Whilst it is great to meet new people online, you should always guard your privacy carefully, because once you have lost it, it is extremely hard to get it back!

  5. GENERAL BEHAVIOUR. Whilst using the MojiKan and MojiKan products, it is your responsibility to act and behave in a manner that is respectful, courteous, and sensitive to the members of the MojiKan community and to society at large. This means that you are not allowed to create names, post images, or use language that is nasty, insulting, sexually explicit, racist, disrespectful, offensive, or otherwise inappropriate. If you create, post, or use any such prohibited content we have the right to delete it from the program without telling you or providing compensation, and to freeze or close your account.

    If you engage in illegal activities, MojiKan has the right to notify local, state or federal authorities. Kindly adhere to the following general rules:
    1. Treat each member with respect. Disrespect in postings like lewd comments will be removed by the site moderator. Inciting hatred or violence against any individual or group will not be tolerated. This includes, but is not limited to, derogatory comments based on age, gender, race, religion or sexual preference;
    2. Refrain from profanity: swearing, cursing and racist or religious remarks;
      Try to send messages and post in English. You may post in your native language only in the absence of English as an option;
      Do not spam threads or create subjects on forums and messages that sound rude or insulting;
    3. Do not discuss topics concerning illegal activities such as pirated software, hacks, cracks or serials;
    4. Do not post pornographic content or content containing offensive or derogatory nudity;
    5. Please contact us at help@mojikan.com if you have any queries regarding this matter.

  6. DEVELOPER BEHAVIOUR. Our developer program has been designed to allow all users to create and submit their own 3D content for the Moji Intelligent Messenger and some content in the MojiKan such as the Moji Story. We release an API to pre-qualified users who wish to develop their own content on the MojiKan or the Moji IM. The Moji Story however, is a collaborative platform whereby anyone can add or contribute content to the Moji Story that is pre-approved by the MojiKan site moderator.

    Although we recognize many MojiKan developers are probably teens, we expect ALL Developers to make a substantial effort to conduct themselves professionally whenever referencing MojiKan or any of our related products that are created, developed and owned by the MojiKan and MOR(F) Dynamics. This applies to spaces within the MojiKan community and without. More importantly, Professional Developers must recognize that their actions and content are visible and have an effect on the community and the MojiKan and Moji IM brands.

  7. If a Professional Developer performs any of the actions below, MojiKan reserves the right to remove all of that person's Developer privileges and even to remove that account from the MojiKan entirely.

    1. Any violation of the MojiKan Terms of Service.
    2. Verified Copyright Violation In Accordance With the Copyright Act 1968.
    3. Verified Trademark violation.
    4. Unsuitable MojiKan content (must comply with the MojiKan concept and story)
    5. Verified non-competitive or abusive behavior on MojiKan forums or Product Gallery or the Moji Story.
    6. Verified non-competitive or abusive behavior toward other MojiKan community members on any other website.
    For details on how to contribute to the Moji Story or to create content for the Moji IM, please click here.

  8. MOJIKAN CONTENT. Just about everything you see on the MojiKan and the Moji IM is created by us and strictly belongs to the MojiKan and MOR(F) Dynamics. However, in some cases, you may wish to create your own 3D content for your pets or even to customise and develop certain tools for your pets using our MOR(F) API.

  9. It is also up to you to govern your own behavior when creating pet or character names, pet/character profiles, profile snapshots or photos, pet/character customisations, pet/character actions, items or accessory content or when communicating in the chat windows, forums, or message boards.

    To this end, in addition to those things mentioned in the "Behavior" sections above, the following content is not allowed on the MojiKan or any of our products and applications:

    • Anything that exploits children or minors, or anything beyond a first name that reveals personally identifying information about anyone under the age of eighteen;
    • Anything that spreads personal information about another individual (including libel, slander, defamation, harassment, or for any other mean-spirited, malicious or illegal purpose);
    • Anything which may be considered to be grossly offensive to the online community, including but not limited to blatant expressions of bigotry, prejudice, racism, hatred and profanity (bad language);
    • Anything that promotes or provides instructional information about illegal activities;
    • Anything depicting cruelty to animals;
    • Verified non-competitive or abusive behavior toward other MojiKan community members on any other website.
    • Any Trademarked logo that is used without the express permission of the owner.
    You acknowledge that whilst MojiKan or MOR(F) Dynamics does not actively pre-screen or approve content, it does reserve the right to examine any content submitted to it at any time. MOR(F) and MojiKan also maintains the absolute right (but not the obligation) to refuse, delete, or remove any content, or to move any content from "public" to "private" status for any reason or no reason, at any time, with or without notice.

  10. COPYRIGHT. You must only post content to the MojiKan if you own the copyright to the content. This means that if you did not create the content yourself then you can assume the copyright is owned by someone else. By using the program, you are giving the MojiKan permission to use your character, information, and submissions however we choose (including elsewhere in our Service, in our advertising, or in any future media such as web sites, television programs, motion pictures, games, or merchandising), for as long as we want without compensation to you.

  11. If you are a MojiKan developer, or are creating your own content for the MojiKan, the Moji Intelligent Messenger or any of our other related products using our developer API or toolkit, then you can only do so once you have registered for a MojiKan account. The developer toolkit is free to download, easy to use and allows you to design, model, paint or texture your own items and submit them to the MojiKan product gallery. The understanding is that the items you submit are your own unique creations, and have not been copied, plagiarized, or poached from other sources. Whilst MojiKan nor MOR(F) Dynamics does not actively pre-screen or police the items submitted by independent developers to the gallery, we do take copyright violations VERY seriously, and we will act expeditiously in accordance with the Copyright Act 1968 to investigate and pursue copyright violations.

    Details of the Copyright Act 1968 can be found here.

    You may view this website its contents, and the content of the MojiKan by using your web browser or mobile phone and save an electronic copy, or print out a copy, of parts thereof solely for your own information, research or study: but only if you (a) do not modify the copy from how it appears on MojiKan website; and (b) include the copyright notice "© MOR(F) Dynamics Pty Ltd 2007" on the copy.

    You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by a current agreement, by statute or with MOR(F)’s prior written consent.

  12. TRADEMARKS. As with copyright infringement, MojiKan and MOR(F) Dynamics takes Trademark and/or Service Mark violations very seriously. Violating someone’s Trademark rights is against both the MojiKan Terms of Service and Australian law and may result in punitive measures such as revoking of user and/or developer privileges and disabling your account, etc. Developers should also be aware that, as well as punitive measures taken by the MojiKan and MOR(F) Dynamics, they can be vulnerable to legal action taken by the party whose Trademark has been violated. This can include legal liability and court costs.


  13. HONESTY. The same rules that govern your behavior in society apply to the MojiKan as well. If you steal anything -- including avatars, MojiKan Dollars (MK$), personal inventory, or catalog items from other MojiKan users or from the MojiKan itself, or if you cheat on any of our games, use any hacking scripting or editing programs in the program, violate the Terms of Service, or break the law, we can freeze or terminate your account, and if appropriate, report you to the Police.


  14. PURCHASE TRANSACTIONS. When you purchase MojiKan and/or Moji IM products (including credits, credit bundles, items, accessories, etc) choose carefully as we do not refund if you change your mind. However, if the products are faulty we will meet our obligations under the Consumer Guarantees Act 1993. If you have encountered any problems with a purchase, or believe that you have been incorrectly billed click here to report billing problem.


  15. Please note that your account may be disabled, suspended or deleted without warning or notice at any time by MojiKan or MOR(F) Dynamics. We will do this when there is suspicion of, a report of, or confirmation of any of the following events:

    • Any kind of payment fraud (Credit Card, Paypal, cancelled cheque, etc);
    • Any unauthorized use of your MojiKan account requiring MojiKan to refund purchases made;
    • Any time your MojiKan account is used for purchases that subsequently require a refund, reversal, or charge-back, without prior warning or notice given to MojiKan;
    • Any other type of abuse which MojiKan deems is substantial enough to warrant disabling your account.
    If your MojiKan account has been disabled, suspended or deleted due to one of the above events and you feel a reasonable misunderstanding has occurred, you may send us an email at morf@morfdynamics.com with a detailed explanation of what took place including your MojiKan username.

    The MojiKan also accepts payments by cash, cheque or money order. Depending on what region you come from, it is the user’s responsibility to ensure that all cash, cheques or money orders are made out to the correct Payee as indicated during the online