1. TERMS.
This website, its contents, and the content of MojiKan are subject to international
copyright laws. The copyright is owned by MORF Dynamics Pty Ltd; or in the case
of some materials, third parties. You understand that your use of 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.
YOU MUST BE AGE 13 OR OLDER TO USE THIS SITE AND PRODUCTS; If you are under age
18 you must have your parent or legal guardian’s permission to use this site and
products, as well as have read and agree to these terms.
You represent, acknowledge and agree that you are the parent or legal guardian of
a user that is at least 13 years of age, and you agree to these terms. If you are
the parent or legal guardian of a user of this site and/ or products and you have
a question about this site or these terms, please contact us through
admin@mojikan.com.
3. APPLICABLE LAW.
This website (excluding any linked third party sites) is controlled by MORF 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:
- Certain information about yourself is visible in your profile. If you do not want
this information shared then you must set the appropriate privacy settings.
- NEVER disclose or share your password or log-in details with anyone. Consider changing
your password to your MojiKan account and the Moji widget periodically.
- The MojiKan and MORF 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 MORF will never disclose any
of your private and personal information to other third parties without first seeking
your consent and permission.
- 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.
- 5. 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:
- 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;
- 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;
- Do not discuss topics concerning illegal activities such as pirated software, hacks,
cracks or serials;
- Do not post pornographic content or content containing offensive or derogatory nudity;
- Please contact us at help@mojikan.com if you
have any queries regarding this matter.
6. DEVELOPER BEHAVIOUR.
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 MORF 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
brands.
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.
- Any violation of the MojiKan Terms of Service.
- Verified Copyright Violation In Accordance With the Copyright Act 1968.
- Verified Trademark violation.
- Unsuitable MojiKan content (must comply with the MojiKan concept and story)
- Verified non-competitive or abusive behaviour on MojiKan forums or Product Gallery
or the Moji Story.
- Verified non-competitive or abusive behaviour toward other MojiKan community members
on any other website.
7. MOJIKAN CONTENT.
Just about everything you see on the MojiKan and the Moji Widget is created by us
and strictly belongs to the MojiKan and MORF Dynamics.
It is also up to you to govern your own behaviour 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 "Behaviour" 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 behaviour 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 MORF Dynamics does not actively pre-screen
or approve content, it does reserve the right to examine any content submitted to
it at any time. MORF 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.
8. 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.
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 "© MORF Dynamics Pty Ltd 2010" 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 MORF’s prior written
consent.
9. TRADEMARKS.
As with copyright infringement, MojiKan and MORF Dynamics take 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 MORF 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.
10. HONESTY.
The same rules that govern your behaviour in society apply to the MojiKan as well.
If you steal anything -- including avatars, MojiKan Dollars (MK$), personal inventory,
or catalogue items from other MojiKan users or from the MojiKan itself, or if you
cheat on any of our games, use any hacking scripting or editing programs in the
program, violate the Terms of Service, or break the law, we can freeze or terminate
your account, and if appropriate, report you to the Police.
11. PURCHASE TRANSACTIONS.
- The MojiKan utilises several secure online payment methods including but restricted
to credit cards, pre-paid cards and online mobile payments. When you purchase MojiKan
products (including credits, items, accessories, etc) choose carefully as we do
not refund if you change your mind. However, if the products are faulty we will
meet our obligations under the Consumer Guarantees Act 1993. If you have encountered
any problems with a purchase, or believe that you have been incorrectly billed click
here to report billing problem.
- By accepting the MojiKan Terms and Conditions, you are here by accepting the Terms
and Conditions. These payment processes are considered 3rd party payment providers
that the MojiKan utilises and expands from time to time. You should review any website
terms and conditions, privacy policies, and other disclosures that those sites provide
before interacting with those third parties, or providing them with information
about yourself. Please visit Cherry Credits, PayPal and Zong for more information.
- The MojiKan applies standard commission rates on the buying and selling virtual
currency and virtual items. The rates on the popularity of the sold items, on average
users buying or selling MojiKan dollars or virtual goods are expected to pay to
a commission of approximately 30%. Mojikan receives a commission of approximately
2% of all MK$ cashed out. We reserve the right to modify the commission rates at
any time, so please review it frequently. If we make material changes to this policy,
we will notify you here, by email, or by means of a notice on our home page.
- 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, zong 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.
12. SAFETY TIPS.
To learn about MojiKan safety tips and procedures, please visit our safety tips
page.
13. DISCLAIMER.
- MojiKan does not in any way offer any guarantees to the continued or uninterrupted
operation of this website, or to the continued availability of any service, product
or content whether it be created by the MojiKan or our members;
- MojiKan is not in any way linked to any other companies that contain the word “Moji”
in it. It solely belongs to our parent company, MORF Dynamics Pty Ltd.
- MojiKan reserves the right to modify or delete any messages, text, content or images
posted by MojiKan members;
- MojiKan “credits” also known as “MojiKan Dollars” (“MK$”) are non-transferable and
non-refundable.
- Sparx (SPX) is an in game currency that is used to purchase MojiKan game items.
Sparx are generally earned by fulfilling missions and in-game play, but can also
be bought using MK$. However Sparx are non-transferable and can-not be converted
into MK$. Sparx are non-refundable.
- The views and opinions expressed by MojiKan members and moderators are not a reflection
of those held by the MojiKan or MORF Dynamics Pty Ltd.
- Whilst the MojiKan will endeavour to remove all offensive and illegal content and
entities in any shape or form from our website, the MojiKan or MORF Dynamics accepts
no responsibility for material posted by MojiKan members.
- In compiling the information contained on, and accessed through this website, the
MojiKan has used its best endeavours to ensure that the information is correct and
current at the time of publication but takes no responsibility for any error, omission
or defect therein.
- To the extent permitted by law, the MojiKan, MORF Dynamics and its employees, agents
and consultants exclude all liability for any loss or damage (including indirect,
special or consequential loss or damage) arising from the use of, or reliance on,
the information, whether or not caused by any negligent act or omission. If any
law prohibits the exclusion of such liability, the MojiKan limits its liability
to the extent permitted by law, to the re-supply of the information.
MOJIKAN User Service Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Chapter 1 General Rules
Article 1 Purpose
This Service Agreement defines the articles of rights, obligations and responsibilities
between the MojiKan and Users when using services available through MojiKan.
Article 2 Agreement Validity and Amendment
MojiKan products and services are available to MojiKan Users on the condition that
the user has accepted this MojiKan Service Agreement (“Service Agreement”). The
Service Agreement may be amended at any time without prior notice. The User is entitled
to decline the amended Agreement, and to discontinue use of service and withdraw
should they disagree with the amended Agreement. However, according to the specific
consent of the User, if the User does not express a “refusal” of the company within
15 days after the amended terms become effective, it will be regarded as consent
of the amended terms.
Article 3 Agreement and Working Rules
Terms that are not stated in this Service Agreement are valid if they are stipulated
in the official regulations.
Article 4 Definition of Terms
The definitions of the terms used in this Service Agreement are as follows:
- “MojiKan Service (“Service”) refers to the Internet-based MojiKan Service whose
services are currently provided for by and owned by the parent company, MORF Dynamics
Pty Ltd (the “Company”), an Australian incorporated technology research and development
company, through internet and multimedia cultural contents installation agencies,
personal computer communications and other means;
- “User” refers to those who have applied for the Company’s services and who have
a personal account, who use the services through internet and multimedia cultural
contents installation agencies, personal computer communications and other means;
- “MojiKan Account (“Account”) means the combination of English letters and Arabic
numbers chosen by the User and granted by the company for the User’s identification
and use of service;
- “MojiKan Personal Information (“Personal Information”) means all information, which
includes entry information such as the User’s account, password name and other,
general information, settlement of fees, information on the use of games etc.
- “Password (“Password”) means the combination of letters and numbers chosen by the
User in order to confirm one’s account and protect one’s interests.
- Definitions used in this agreement accords to official regulations and other general
practices, except for those defined by Article 1.
Chapter 2 User Service Contract
Article 5 User Contract
The User Contract is concluded when the company consents to the contents of the
User’s application, after the User has agreed to the User Service Agreement on the
MojiKan homepage (
http://www.mojikan.com).
Article 6 Application and Termination of Use
- The User applies for the use of services after filling out their information on
the format given to them by the company.
- When applying for use of services in Clause 1 of Article 6, the User must fill in
accurate and true information. Any User whose information is not true is not entitled
to any legal protection.
- The company can use the information of Clause 1 of Article 6 (e-mail address, phone
number etc) for the purposes of marketing, public relations or publicity. The information
can be given or used to credit information centralization centres for the purposes
of public interest. Should the User decline this arrangement, they are free to refuse
reception from the MojiKan site (http://www.mojikan.com)
or withdraw their account. However, with the exception of any special regulation
in the law, the Company does not give away User information to third parties without
the consent of the User.
- The User can ask to withdraw at any time, and when asked, the company processes
the withdrawal immediately through the MojiKan site (http://www.mojikan.com)
according to the method agreed by the company. However, if due to a reason consented
by the MojiKan, an identification card or a similar substitute may be requested
for an identification verification process.
Article 7 Acceptance or Rejection of an Application for Use
- MojiKan accepts application for use when the information asked of the user is accurate
and true.
- MojiKan rejects application for use, cancels acceptance after further verification,
or terminates contracts in the following cases:
- The personal information is not accurate.
- The fee is not paid, or has not been paid properly and cannot be confirmed (limited
to paying users, and meaning that the accounts have not been settled)
- An account which has received a measure according to Article 21 Clause 4 of the
Agreement (discontinuance of use etc.) more than two times, and which has been cancelled
less than six months ago.
- Judged impossible to accept for other reasons
- Making a payment to use the service by embezzling or using without permission another
person’s credit card, telephone, bank account etc.
- When deemed necessary for a user in a country other than the countries with which
the company has not yet decided to hold transactions, because of a contract made
with an overseas service business or for a user logging on in a specified country,
when it is necessary due to management of the services or procedures.
- For the following reasons, the company can limit its acceptance of application for
use until the reasons for limitation are relieved.
- When it is deemed that the service facilities are inadequate for providing satisfactory
service.
- In the cases of an unforeseen obstacle in the service or a defect in the means of
payment.
Article 8 Termination of Use
MojiKan deems that users, who are not using games, even though they have exceeded
the following standards, have terminated their use. In this case, MojiKan can alter
or delete the account information. However, in the cases of flat sum accounts and
fixed allowance account, termination is reckoned on the expiration date of the services.
Article 9 Account
- For the protection of the user’s personal information, and their convenience in
using its services, MojiKan provides a combination of English letters and Arabic
numbers chosen by the user.
- It is not possible to change the account name while using the services
- MojiKan carries out the business management, such as the eligibility to apply or
payment of fees, of the general user through the account information on the accounts.
- The responsibility of the account management is on the user. MojiKan shall not be
held responsible for any disadvantages in the services, or damages done by a third
party due to the lack of the user’s supervision as it is strictly the responsibility
of the user.
Article 10 Password
- The password is chosen by the user, and can always be changed for better security
according to the user’s wishes.
- The user holds responsibility for managing their password. MojiKan shall not be
held responsible for any disadvantages in the services, or damages done by a third
party due to the lack of the user’s supervision of the password, as it is strictly
the responsibility of the user.
Article 11 User Fee
- The fee is as follows. Virtual Credit System: A system in which the user has a fixed
time to use a fee pre-allotted by the MojiKan; Virtual Currency: A system in which
“Mojikan Dollars” (“MK$”) can be charged and used in the place of money or similar.
Specific periods, times, money or payment methods differ according to the internet
or separate printed announcements issued by the company.
- Specific periods, times, money or payment methods differ according to the internet
or separate printed announcements issued by the MojiKan.
- Compensation for damages or refunds for each type of payment method are processed
on a case by case basis depending on the error and circumstance of the occurrence
of damages.
Chapter 3 Obligations of the Contracting Party
Article 12 Obligation of User
- The user must give true, accurate and complete information (“registered information”)
that corresponds to the present state when applying for the use of services. If
a false account is made by applying with false information or with that of another
person, the user shall not receive any protection measures from the company.
- When applying for an account, the user must provide the company with an e-mail address
or a phone number in order for the company to report the necessary facts about the
service policy.
- The user must renew the registered information as soon as there is a change. If
the information or altered information provided by the user is inaccurate, the company
is entitled to discontinue its services according to Article 20 and Article 21.
- Paying users must pay for the services without fail.
- Once the registration process is completed, the user will be given an account and
a password. The user is responsible for maintaining the security of own password
and account.
- For the security of their password and user’s account, the user must:
- Report immediately to the company if there is any non-permitted use of their password
or account.
- Log out each time after logging in and using the site.
- The user shall not use the service for business or publicity without the permission
of MojiKan, or do any business or publicity out of the bounds that MojiKan or the
Company permits.
- The user shall not violate the intellectual property of a third party.
- The user must follow the agreement and the official regulations, and must not take
part in any action that defames MojiKan or the company or causes a marked hindrance
to the business management.
- The user must check the notice board on the MojiKan site (http://www.mojikan.com)
from time to time.
- The user agrees not to use the service in order to take part in the following actions:
- Any action that causes harm to another person (or group).
- Issue, publish, or send by e-mail any vulgar or inappropriate data, texts, software,
music, pictures, graphics, video messages etc (“contents”).
- Present oneself as another person or group, including the company-sanctioned official
manager CS, or falsely present one’s relationship with another person or group.
- Issue, publish, or send by e-mail any contents without rights (all rights including
intellectual property rights).
- Publish any unnecessary or unapproved advertisement, promotion material or solicit,
issue, publish or send by e-mail any “junk mail”, “spam”, “chain letters” etc.
- Damage, intercept, or attempt to slow the process of the computer software, hardware,
information and communication equipment by issuing, publishing, or sending computer
virus by e-mail etc.
- Issue, publish, or send by e-mail materials that include codes, files, or programs
from other computers.
- Collect or save another person’s personal information.
- Damage another person’s reputation by exposing true or false information with the
purpose of slandering another person
- Release false information with the purpose of causing damage to another person or
to make financial profit for oneself.
- Gamble or speculate with items and/or property.
- Release information mediating corruption or obscenity.
- Disrupt the routine of another person by continuing sayings, sounds, letters, or
images that cause distress, aversion, or fear.
- Appropriate and use another person’s name for information and communication services.
- Other illegal or unjust acts.
- The user acknowledges the international characteristic of the internet and agrees
to follow the site regulations on the actions and contents that are acceptable online.
- The user agrees not to copy, reproduce, sell, resell or use the service itself,
its uses, its services, and its connection for commercial purposes.
- The user restricts the extraction of e-mail addresses, phone numbers and other contact
information for profit or harm, or the sending of e-mail and phone messages against
the wishes of the user. In the case of a civil action, the responsibility is solely
the sender’s.
Article 13 Obligation of the Company and Service Provider
- If MojiKan or the Company deems that the opinion or the complaint of a user is just
and admits to it, it must handle the problem immediately. However, if immediate
treatment is not possible they must inform the user of the reason and the expected
day when it can be processed by e-mail, telephone or letter.
- MojiKan does not send profit-based commercial e-mails that are not agreed on by
the user.
- In order to provide continuous and stable service, MojiKan must repair or reopen
the facilities without delay if there is a defect in the facilities, except in the
case of a natural disaster, an emergency or other compelling circumstances.
- MojiKan must always make the effort to provide its services in a pleasant atmosphere.
- If a user suffers damage because of the service provided by the MojiKan, then MojiKan
takes responsibility if it caused the damage intentionally or accidentally, and
the responsibility if limited commercially.
- MojiKan shall not allow the exposure of any personal information, including the
user’s account information, from the service system, and shall protect the information
from being shown or given to a third party.
- MojiKan follows the regulations relating to the management and maintenance of services,
such as laws on information and communication promotion of use, communication privacy
protection law, basic electronic communication law and others.
- MojiKan makes public and observes the personal information protection policy for
personal information protection.
Article 14 The Company’s Privacy Policy
The user’s personal information is very important to the MojiKan. In order to verify
the privacy policy, please refer to our Privacy and Information Disclosure Policy
in the MojiKan Detailed Terms and Conditions.
Article 15 Disclosure of Personal Information
MojiKan can disclose the user’s personal information such as the user’s account
and e-mail address to a third party under the following boundaries sanctioned by
the law: .
- When asked by investigation agencies or other government agencies to give information
because the user has infringed a law relating to the use of the service;
- Personal information is given if the information protection operation requires it
due to the user’s infringement of the law, or other act of infringement including
the violation of the company’s service agreement;
- When it is required by other laws;
- During operations such as payment when the user’s name needs verifying.
Article 16 General Customs on Using and Saving
The user acknowledges that MojiKan can create general customs and restrictions on
the use of its services. For example, the maximum number of days that the signs
on the message board can be maintained, the maximum number of MojiKan messages that
can be sent and received in the account, the maximum size of the MojiKan messages
that can be sent and received, the maximum disk space allotted on the server to
the user by MojiKan, the deletion of an account if it is unused for a year. The
user acknowledges that MojiKan may freely change the general customs and restrictions
and adjust and discontinue all or part of its services. However, MojiKan informs
the users in an appropriate way of any important changes in its services, including
the general customs on using and saving. The loss of items of shells of non-paying
users is strictly not the company’s responsibility.
Chapter 4 Use, Restriction, and Termination of Service
Article 17 Service Content and Amendment
- The Company provides the services of the internet-based MojiKan;
- MojiKan is subject to change with online or offline updates through the addition
of new services, all sorts of bug patches, and other services needed for management;
- MojiKan informs the users through the “official announcement” on the service system
and particulars on circuit inspection, on changes in the agreement, on maintenance,
on events, on information updates etc. Therefore the user must check the official
announcement from time to time. The Company and MojiKan are not responsible for
the damages sustained by the user due to the user’s neglect of the official announcement.
However, when the Company foresees an important and clear damage to the consumer,
the Company gives separate announcements.
Article 18 Allotted Times and Discontinuation of Use
- The service is provided everyday including holidays, 24 hours a day. However, during
circuit inspection, replacement or breakdown, or a disruption of communication of
computer or information and communication installations, the service can be discontinued
temporarily;
- MojiKan may conduct regular inspections if necessary for the provision of services.
The time will be announced on the homepage.
Article 19 Restrictions on the Use of Service
- In inevitable instances such as natural calamities, national emergencies or serious
changes in the management of games, products and services and in the prospect of
inevitable instances, MojiKan may restrict of discontinue all or part of the services
without prior warning;
- If the user infringes the obligation Article MojiKan can restrict the use of the
user’s account;
- If the user makes a payment to use the service by embezzling or using another person’s
credit card, telephone, bank account etc. without permission, MojiKan can restrict
the use of the user’s account;
- MojiKan does not take any responsibility for problems that may arise between two
users from using the service;
- If the neglectful management on the user’s part led to a disclosure of the account
or password, resulting in loss or damage while using the service, or a third party
committed a crime or the user violated an obligation Article the use of the account
may be restricted;
- MojiKan can suspend the user’s account if it is judged necessary for the planning
of a game. The user can raise an objection by sending us an email here;
- MojiKan holds all rights and authority over the user’s character, item and the rest
of the information within the game, and can add or change anything if it is deemed
necessary for the running and management of the game. If MojiKan decides to add
or change the user’s character, items or other information, the user can raise an
objection by sending us an email here;
- All registrations for consultations and questions are processed by phone or e-mail.
Article 20 Discontinuance of User Service or Termination of Contract
- The user can terminate the contract or ask for a discontinuance of user service
due to any personal reasons;
- If the user wishes for a discontinuance of user service, the user can apply for
discontinuance by phone or e-mail. If the user has a flat sum account or a fixed
allowance account, the remaining money is processed according to the Refund Clause
in Article 23;
- If the user wishes for a termination of contract, the user can delete their account
by applying for an account deletion in the MojiKan account settings (link).
- The company can terminate the user contract or appoint a given date to discontinue
the use of services without prior notice if the user has violated the user’s obligation
in Article 12, or caused loss or damage to the company through an intentional or
a serious negligence. The user can verify the service’s management principles and
user obligation articles and other disciplinary actions in the MojiKan homepage
(http://www.mojikan.com).
- The user agrees that their use of the service can be discontinued or the contents
can be deleted by the company if they engage in the following acts:
- Use unfair means to damage another person’s information while it is being processed,
kept or sent by the information communications, or violate, appropriate or disclose
their classified information.
- Circulate Trojan Horses, computer viruses or malignant programs.
- Publish or circulate strong sexual content, violent material or other unwholesome
material.
- Send a large quantity of e-mail with the purpose of causing an obstruction in the
e-mail system.
- Send commercial e-mails against the express wishes of the receiver not to receive
any mail.
- Do any other act that is prohibited by a related law or do something that is against
the service agreement.
Chapter 5 Compensation for Loss or Damages and Refund
Article 21 Compensation for Loss or Damages
- If, due to the fault of MojiKan or the company, the service is discontinued for
over 4 continual hours or is obstructed by a defect, the company extends the use
of the services by 3 times the discontinued/obstructed time to all accounts affected
for free;
- Discontinued/obstructed service time is counted from the moment the user informs
the company. However, if there is a discontinuance or obstruction due to inevitable
circumstances (natural disasters), or if the company has given prior notice (circuit
repair, regular inspection etc.) the time does not apply to the service discontinuance/obstruction
time;
- If the user has caused damage to MojiKan or the Company by violating the agreement
obligation, or if the user has caused damage to MojiKan or the Company while using
the services, the user must compensate for the damages to MojiKan and the Company.
- The Company strictly operates on a non-refund policy however if the user has not
received products or items purchased after the MojiKan or MORF Interactive Communications
has received and confirmed full payment from the user. In this case the user will
be fully compensated for the product or item that was purchased.
Article 22 Exemption from Responsibility
- MojiKan and the company is exempt from responsibility if unable to provide its services
in the case of wartime, unforeseen accident, natural calamity, national emergency
and other inevitable circumstances;
- MojiKan and the Company do not hold responsibility for the discontinuance of services/
obstruction of use that are due to the fault of the user;
- MojiKan and the Company are exempt from responsibility for any loss or damage that
occurs when the basic communications industry discontinues or does not provide regular
electric communications services;
- MojiKan and the Company is exempt from responsibility if the services are discontinued
or impeded due to equipment/installation repairs, replacement, regular inspection,
construction and other pressing reasons for the sake of service that were given
prior notice;
- MojiKan and the Company is not held responsible if the user has not made the expected
amount of profit from its services or by any loss or damage occurred by the user’s
choice of the company’s services;
- MojiKan and the Company is not held responsible for any delay in logging on to the
site or for any loss or damage caused by what the users commonly call “wreck” (loss
of item etc) if it does not have a clearly recognized reason;
- MojiKan and the Company is not responsible for its contents such as the reliability
or the accuracy of any of the information, data, facts that are sent or found in
the services or on the website;
- MojiKan and the Company has no obligation to become involved in any disputes between
the users or between the user and third parties that occur while using the service
as a medium, and it does not have the responsibility to compensate for any of the
loss or damage due to these disputes;
- Users who have access to the free service offered by MojiKan are exempt from any
compensation.
- MojiKan does not accept any responsibility for failed payments, bad payments or
lost cheques, cash or money orders in the mail and no compensation will be awarded
to the user in such an event.
Article 23 Complaints and transaction procedures in the case of loss or damage through
infringement mishaps
- If the user has a complaint or suffers loss or damage due to infringement mishaps
while using services provided by MojiKan, please contact us at
help@mojikan.com
- MojiKan will take the appropriate measures in as short a time as possible.
Chapter 6 Contents
Article 24 Relating to Contents
If the user has any questions on the accuracy, safety or the quality of the contents,
please ask the maker of the contents directly. The user also agrees not to rely
on the contents given or made by MojiKan. MojiKan and the Company are exempt from
responsibility of the accuracy and safety of its contents except in the case of
intentional or serious mistakes. MojiKan can re-categorize the contents into appropriate
categories. The user acknowledges that MojiKan does not pre-screen the contents,
but is entitled to refuse or remove contents that are publicly usable. MojiKan can
delete contents that infringe the agreement or that are illegal.
Article 25 Contents Presented to MOJIKAN that are Open to the Public
- “Connection service zone that is open to the public” means a place that the public
can log on. (Example: MojiKan blog, MojiKan Forum, etc);
- The information that the user puts up on a connection service zone that is open
to the public can be used in the following ways:
- The information put up by the user can be given to printed and broadcasted media,
MojiKan affiliated companies and third parties that have contracts with MojiKan
or the Company.
- The message put up by user can be used by MojiKan for a second printed work.
- MojiKan can take the user’s contents and adjust it and give it without damaging
the original content.
- When disclosing the contents given to printed and broadcasted media, MojiKan affiliated
companies and third parties that have contracts with MojiKan or the Company, the
user’s personal information, including the User ID will not be given.
- MojiKan can use the user’s contents without the user’s consent although in most
cases, MojiKan will ask the user’s permission beforehand through phone or e-mail.
However, if the user’s personal information should be different from the truth and
the user is unable to be contacted, and the user has not contacted MojiKan 72 hours
after being contacted, MojiKan will deem that the user has given their consent.
Article 26 Transactions with Sponsors
If the user appears on the service, or if the user uses to service to participate
in a promotion activity, communicate, or has transactions with the sponsor, it is
strictly a problem between the user and the sponsor. Therefore, any problems that
arise between the user and the sponsor must be dealt by those directly involved.
MojiKan or the company is not in any way responsible for such problems.
Article 27 Links
MojiKan may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because MojiKan has no control over such sites and resources,
you acknowledge and agree that other sites is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources, unless it admits to any intentional or serious mistake.
Chapter 7 Intellectual Property Rights
Article 28 Prohibiting the Infringement of Rights
- You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You agree that
you will not partake in any act that infringes on the laws;
- You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws;
- Except as expressly authorized by advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part;
- The Company grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that
is provided by MojiKan for use in accessing the Service.
Article 29 Information on the Trademark and Property Infringement
Article 30 Jurisdiction and Constitution
- Should any dispute occur involving the use of the service, submit it to a court
of civil action;
- The above law (1) refers to the governing laws of New South Wales, Australia.
Article 31 Supplementary Provision
This agreement will be applied from July 1, 2007.
Feedback
We welcome your feedback on this document in our feedback forum. Please contact
us with any questions regarding this agreement. Specific questions about MojiKan's
Terms & Conditions of Service may be addressed to:
morf@morfdynamics.com