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Introduction Terms and Conditions MojiKan Service Agreement
MojiKan Mobile Game

   
     

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.


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

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

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

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

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For Teens (Over-13s)
This section is a guideline that will help to explain our Terms and Conditions of the MojiKan, the Moji Intelligent Messenger and all our other related products including code of conduct and behaviour. It is important for you to ensure that you have read these terms and understood them fully.

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

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

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

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

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

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Terms and Conditions
  1. TERMS. This website, its contents, and the content of MOJIKAN are subject to international copyright laws. The copyright is owned by MOR(F) Dynamics Pty Ltd; or in the case of some materials, third parties. You understand that your use of the Moji Intelligent Messenger, the MojiKan and all other related products, services and applications is entirely at your own risk and comes without warranties or guarantees of any kind. You are using our products on an "as is" basis, which essentially means that "what you see is what you get". By using our products, you are telling us that you have both the authority to use it, and that you agree to abide by all of its terms and conditions.

  2. ELIGIBILITY. If you are under 13 years of age, you must enter our “Kids Section” of the MojiKan site. If you are older than 13 but younger than 18 years of age, your use of the site, program and related products implies that you have your parent's or guardian's consent and permission to do so. If you are older than 18, then you are free to enter the “Adults Section” of the site.

  3. APPLICABLE LAW. This website (excluding any linked third party sites) is controlled by MOR(F) Dynamics Pty Ltd. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in accordance with the laws in force in Australia (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. MOJIKAN makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

  4. PERSONAL INFORMATION. We will protect your private information from other MojiKan members and visitors. However, please be aware that:
    1. Certain information about yourself is visible in your profile. If you do not want this information shared then your must set the appropriate privacy settings.
    2. Your MojiKan and Moji IM friends are able to see your email address. Keep this in mind when you all someone to be your friend.
    3. NEVER disclose or share your password or log-in details with anyone. Consider changing your password to your MojiKan account and the Moji IM periodically.
    4. The MojiKan and MOR(F) reserves the right to use your contact information and certain information pertaining to your profile and personality in order improve our service, technologies, content and applications to our end-consumers. Some of this information may be used for marketing purposes. The MojiKan and MOR(F) will never disclose any of your private and personal information to other third parties without first seeking your consent and permission.
    5. User registration for the MojiKan and all other related products is compulsory. Personal information provided by MojiKan members will be stored in MojiKan databases for the purpose of improving the service and technological content such as natural language and artificial intelligence components in our system.
    6. Whilst it is great to meet new people online, you should always guard your privacy carefully, because once you have lost it, it is extremely hard to get it back!

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

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

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

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

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

    1. Any violation of the MojiKan Terms of Service.
    2. Verified Copyright Violation In Accordance With the Copyright Act 1968.
    3. Verified Trademark violation.
    4. Unsuitable MojiKan content (must comply with the MojiKan concept and story)
    5. Verified non-competitive or abusive behavior on MojiKan forums or Product Gallery or the Moji Story.
    6. Verified non-competitive or abusive behavior toward other MojiKan community members on any other website.
  7. 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.
    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.

  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.

    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.

  9. 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.

  10. 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.

  11. 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.
    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:

    1. Your transaction ID
    2. Your MojiKan User Name
    3. A reliable contact number or email address

    We will respond to you within 24-48 hours.

  12. SAFETY TIPS. To learn about MojiKan safety tips and procedures, click here.

  13. DISCLAIMER.
    1. 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;
    2. 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.
    3. MojiKan reserves the right to modify or delete any messages, text, content or images posted by MojiKan members;
    4. MojiKan “credits” also known as “MojiKan Dollars” (“MK$”) are non-refundable;
    5. 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.;
    6. 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;
    7. 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;
    8. 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.

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:

  1. “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;
  2. “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;
  3. “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;
  4. “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.
  5. “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.
  6. “Flat sum account” means a personal account which uses a flat sum system for a fixed time.
  7. “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.
  8. “Free account” means a general user who uses the service for free.
  9. “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.
  10. Definitions used in this agreement accords to official regulations and other general practices, except for those defined by Article 1.
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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
  1. The User applies for the use of services after filling out their information on the format given to them by the company.
  2. 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.
  3. 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.
  4. 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
  1. MojiKan accepts application for use when the information asked of the user is accurate and true.
  2. 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.
  3. 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
  1. 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.
  2. It is not possible to change the account name while using the services
  3. 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.
  4. 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
  1. The password is chosen by the user, and can always be changed for better security according to the user’s wishes.
  2. 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
  1. 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.
  2. Specific periods, times, money or payment methods differ according to the internet or separate printed announcements issued by the MojiKan.
  3. 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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Chapter 3 Obligations of the Contracting Party
Article 12 Obligation of User
  1. 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.
  2. 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.
  3. 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.
  4. Paying users must pay for the services without fail.
  5. 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.
  6. 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.
  7. 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.
  8. The user shall not violate the intellectual property of a third party.
  9. 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.
  10. The user must check the notice board on the MojiKan site (www.mojikan.com) from time to time.
  11. 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.
  12. 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.
  13. The user agrees not to copy, reproduce, sell, resell or use the service itself, its uses, its services, and its connection for commercial purposes.
  14. 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
  1. 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.
  2. MojiKan does not send profit-based commercial e-mails that are not agreed on by the user.
  3. 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.
  4. MojiKan must always make the effort to provide its services in a pleasant atmosphere.
  5. 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.
  6. 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.
  7. 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.
  8. 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
  1. 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;
  2. 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;
  3. 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;
  4. When it is required by other laws;
  5. 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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Chapter 4 Use, Restriction, and Termination of Service
Article 18 Service Content and Amendment
  1. The Company provides the services of the internet-based MojiKan;
  2. 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;
  3. 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
  1. 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;
  2. 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
  1. 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;
  2. If the user infringes the obligation article MojiKan can restrict the use of the user’s account;
  3. 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;
  4. MojiKan does not take any responsibility for problems that may arise between two users from using the service;
  5. 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;
  6. 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;
  7. 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;
  8. All registrations for consultations and questions are processed by phone or e-mail.
Article 21 Discontinuance of User Service or Termination of Contract
  1. The user can terminate the contract or ask for a discontinuance of user service due to any personal reasons;
  2. 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;
  3. 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).
  4. 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).
  5. 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:
    1. 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.
    2. Circulate Trojan Horses, computer viruses or malignant programs.
    3. Publish or circulate strong sexual content, violent material or other unwholesome material.
    4. Send a large quantity of e-mail with the purpose of causing an obstruction in the e-mail system.
    5. Send commercial e-mails against the express wishes of the receiver not to receive any mail.
    6. Do any other act that is prohibited by a related law or do something that is against the service agreement.
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Chapter 5 Compensation for Loss or Damages and Refund
Article 22 Compensation for Loss or Damages
  1. 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;
  2. 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;
  3. 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.
  4. 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
  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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;
  8. 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;
  9. Users who have access to the free service offered by MojiKan are exempt from any compensation.
  10. 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
  1. 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;
  2. MojiKan will take the appropriate measures in as short a time as possible.
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Chapter 6 Contents
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
  1. “Connection service zone that is open to the public” means a place that the public can log on. (Example: MojiKan blog, MojiKan Forum, etc);
  2. 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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Chapter 7 Intellectual Property Rights
Article 29 Prohibiting the Infringement of Rights
  1. 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;
  2. 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;
  3. 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;
  4. 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
  1. All trademarks, logos, and designs used by MojiKan including the MojiKan logo is the trademark of MOR(F) Dynamics Pty Ltd;
  2. 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;
  3. 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;
  4. 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
  5. 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
  1. Should any dispute occur involving the use of the service, submit it to a court of civil action;
  2. The above law (1) refers to the governing laws of New South Wales, Australia.
Article 32 Supplementary Provision
  1. This agreement will be applied from July 1, 2007.
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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
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