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Terms & Conditions
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 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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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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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. 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.
- 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.
- 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.
- 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 your must set the appropriate privacy settings.
- 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.
- 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.
- 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.
- 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.
- 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!
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- 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.
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- 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.
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 behavior on MojiKan forums or Product Gallery
or the Moji Story.
- Verified non-competitive or abusive behavior toward other MojiKan community members
on any other website.
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- 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.
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.
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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.
- 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.
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.
- 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.
- 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.
- 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.
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.
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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
transaction instructions during purchase.
All cash, cheque and money order payments will be assigned a unique and secure 32-digit
identification PIN number that is specific to a particular virtual or real item
purchase on the MojiKan. The user must keep and store this 32-digit PIN number in
a safe place at all times and must never give out this PIN number to anyone under
any circumstances. This PIN number is used to check against any issues or problems
that may arise or is related to the above-mentioned payment system or any failure
of receipt of items or products bought after having paid via cash, cheque or money
order. The MojiKan or MOR(F) Dynamics or any of its subsidiaries will not be held
liable for the loss of this PIN number.
For all users coming from the South East Asian region, all cash, cheques and money
orders must be made out to:
MOR(F) Interactive Communications (M) Sdn Bhd
F-9-4, I-Zen @ Kiara 2
1 Jalan Kiara, Mont’ Kiara
50480 Kuala Lumpur
Malaysia
For all users coming from the rest of the world, call cash, cheques and money orders must be made out to:
MOR(F) Interactive Communications Pty Ltd
Suite 25 Level 2
World Square
650 George St
Sydney NSW 2000
AUSTRALIA
Processing orders that are sent through the mail depends on the delivery schedule
of the Post Office. We make every attempt to process your order as swiftly as possible
once it is received. If it has been more than 10 days since you mailed in your order,
and you have as yet not received the item or product you purchased, you must immediately
email us at help@mojikan.com with the following
information:
- Your transaction ID
- Your MojiKan User Name
- A reliable contact number or email address
We will respond to you within 24-48 hours.
- SAFETY TIPS. To learn about MojiKan safety tips
and procedures, click here.
- 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, MOR(F) 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-refundable;
- The views and opinions expressed by MojiKan members and moderators are not a reflection
of those held by the MojiKan or MOR(F) 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 MOR(F) 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, MOR(F) 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.
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MOJIKAN User Service Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
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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, MOR(F) 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.
- “Flat sum account” means a personal account which uses a flat sum system for a fixed
time.
- “Fixed allowance account” means an account in which a certain amount of cash can
be charged or converted into “Mojikan Dollars” (“MK$”), which circulate within the
MojiKan.
- “Free account” means a general user who uses the service for free.
- “Multimedia cultural contents installation agency” means an independent business
which is furnished with computer and other equipment in order to give games and
media service, or to provide other information.
- Definitions used in this agreement accords to official regulations and other general
practices, except for those defined by Article 1.
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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 centers 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.
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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 (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 Relating to Paying Services
The user has access to several paying services provided by MojiKan. If the user
wishes to access the paying services they must become familiar with the Paying Service
Agreement and use the appropriate service. Choosing the paying services will be
regarded as agreeing with the service agreement without any separate agreement process.
Article 17 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.
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Article 18 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 19 Allotted Time 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 20 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 21 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 homepage
(www.mojikan.com).
- 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
(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.
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Article 22 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.
- If the user has not received products or items purchased after the MojiKan or MOR(F)
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 23 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 does not hold responsibility for the discontinuance of services/
obstruction of use that are due to the fault of the user;
- MojiKan and the Company is 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 24 Complaints and transaction procedures in the case of loss or damage
through infringement mishaps
- iIf the user has a complaint or suffers loss or damage due to infringement mishaps
while using services provided by MojiKan, please contact us
here;
- MojiKan will take the appropriate measures in as short a time as possible.
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Article 25 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 26 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 27 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 28 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.
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Article 29 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 30 Information on the Trademark and Property Infringement
- All trademarks, logos, and designs used by MojiKan including the MojiKan logo is
the trademark of MOR(F) Dynamics Pty Ltd;
- Widgets, Interface, Moji, Obaki and all other MojiKan and MojiKan-related characters
and also all other contents used by MojiKan are the intellectual property of MOR(F)
Dynamics Pty Ltd;
- Uploading the contents while using MojiKan is an infringement of MojiKan’s rights
and these rights will be returned to the Company. All responsibilities due to the
copyright problems of uploaded materials are on the user. MojiKan does not take
any legal responsibility;
- Please report any instances of trademark and other property infringement to the
following address:
MOR(F) Dynamics Pty Ltd
Suite 25, Level 2 World Square
650 George Street
Sydney NSW 2000
AUSTRALIA
Telephone: + 612 9267 6999
Fascimile: +612 9267 9822
- If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please attach evidence material and report to the Help Center in the manner designated
by the center by contacting help@mojikan.com
Article 31 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 32 Supplementary Provision
- This agreement will be applied from July 1, 2007.
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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
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