AUTHORSMOGO.COM IS OWNED AND OPERATED BY JAKE PRESS AGENCY INC. ( “AUTHORSMOGO.COM”, "WE" OR "US") YOU AND AuthorMogo AGREE THAT YOUR ACCESS TO AND USE OF AuthorMogo PRODUCTS AND SERVICES AVAILABLE THROUGH (THE "AUTHORMOGO.COM"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU, AUTHORMOGO.COM AND AUTHORMOGO.COM (THE "AGREEMENT"). AUTHORMOGO.COM IS WILLING TO ALLOW YOU ACCESS TO AUTHORMOGO.COM ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY.
1. PURCHASING SITES WITH CODES AND SITES ONLY. In order to gain access to the products and services (the "Services") offered by AUTHORMOGO.COM, you will need to go through the self guided “GET STARTED” area on AUTHORMOGO.COM to purchase AuthorMogo, Codes, and Hosting Packages. You may request for a MogoSite(s) with Codes or AuthorMogo without codes via phone, contact form, or invoice. AuthorMogo accepts payment via invoice for payment on pre-approved clientele only.
2. ELIGABILITY for pre-approval. Clientele that wishes not to enter credit card information and operates by invoice only, can submit a request for approval. If and once approved, the Clientele can proceed with access their custom MogoSite, and codes (if any).
4. AGE RESTRICTIONS. Individuals under the age of 13 are prohibited from accessing AUTHORMOGO.COM without verified parental consent furnished to AUTHORMOGO.COM in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF AUTHORMOGO.COM MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. PUBLISHING OF CONTENT. You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on AUTHORMOGO.COM, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on AUTHORMOGO.COM or that you own such Content. You hereby acknowledge and agree that AUTHORMOGO.COM shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that AUTHORMOGO.COM may, at its sole discretion, disclose your Content in order to: (i) comply with law enforcement, court orders, or the legal process; and/or (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership.
6. LICENSE TO CONTENT (EXCEPT MUSIC FILES AVAILABLE FOR COPYING BY OTHER USERS). By Publishing Content (except your audio or music files that you allows others to download and copy) to any part of AUTHORMOGO.COM, you automatically grant to AUTHORMOGO.COM, and you represent and warrant that you have the right to grant to AUTHORMOGO.COM, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from AUTHORMOGO.COM at any time and the license granted above will automatically terminate.
7. USE OF AUTHORMOGO.COM. You understand that the Services and AUTHORMOGO.COM are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. You agree not to harvest or collect email addresses or other contact information of other AUTHORMOGO.COM users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from AUTHORMOGO.COM. You agree that you will not use AUTHORMOGO.COM in any unlawful manner or in any other manner that could damage, disable, overburden or impair AUTHORMOGO.COM. In addition, you agree not to use AUTHORMOGO.COM to: (i) upload, post, email, transmit or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (iii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (iv) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (v) use or attempt to use another user's account, without authorization from AUTHORMOGO.COM, or create a false identity using the Services or AUTHORMOGO.COM.
8. LINKS TO OTHER AUTHORMOGO.COM SITES. AUTHORMOGO.COM contains links to other AUTHORMOGO.COM sites. We are not responsible for the content, accuracy or opinions expressed in such AUTHORMOGO.COM sites, and such AUTHORMOGO.COM sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked AUTHORMOGO.COM on or through AUTHORMOGO.COM or the Services does not imply approval or endorsement of the linked AUTHORMOGO.COM sites by us. If you decide to leave AUTHORMOGO.COM and access these third-party sites, you do so at your own risk.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL AUTHORMOGO.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF AUTHORMOGO.COM OR THE SERVICE, EVEN IF AUTHORMOGO.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. INDEMNITY. You agree to indemnify and hold AUTHORMOGO.COM and brand by Jake Press Agency Inc and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: (i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (ii) your use of the Services or AUTHORMOGO.COM in violation of this Agreement; or (iii) or your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against AUTHORMOGO.COM for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of AUTHORMOGO.COM or the Services.
11. USE OF AUTHORMOGO.COM CONTENT. All Content on AUTHORMOGO.COM, is the proprietary property of AUTHORMOGO.COM and Jake Press Agency Inc. Subject to the terms of this Agreement (see Section 5 above), no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of AUTHORMOGO.COM or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on AUTHORMOGO.COM are trademarks or registered trademarks of AUTHORMOGO.COM and Jake Press Agency Inc or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AUTHORMOGO.COM.
12. DISCLAIMER OF WARRANTIES. AUTHORMOGO.COM is not responsible for any incorrect or inaccurate Content published on AUTHORMOGO.COM or in connection with the Services, including Content published by users of AUTHORMOGO.COM or the Services. AUTHORMOGO.COM is not responsible for the conduct, whether online or offline, of any user of AUTHORMOGO.COM. AUTHORMOGO.COM and the Services may be temporarily unavailable from time to time for maintenance or other reasons. AUTHORMOGO.COM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, AUTHORMOGO.COM or the Services. AUTHORMOGO.COM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any AUTHORMOGO.COM, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with AUTHORMOGO.COM or the Services. Under no circumstances will AUTHORMOGO.COM be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, AUTHORMOGO.COM or any Content published on AUTHORMOGO.COM. AUTHORMOGO.COM, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS" AND AUTHORMOGO.COM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AUTHORMOGO.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF AUTHORMOGO.COM AND/OR THE SERVICES.
13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Atlanta, GA, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Atlanta, GA in accordance with applicable state and federal laws (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Atlanta, GA, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Atlanta, GA state courts or the federal district court for the District of Atlanta, GA. In such event, you consent to the in personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
14. MISCELLANEOUS. This Agreement sets forth the entire agreement between you and AUTHORMOGO.COM pertaining your use of AUTHORMOGO.COM and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or AUTHORMOGO.COM after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or AUTHORMOGO.COM. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. AUTHORMOGO.COM's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.