Topbar-logo MoodJam

Terms of Service

What We Provide

MoodJam is an online diary that allows people to express their moods and feelings using patterns of color. We will post your moods online in the most web-friendly format, which you can share with friends.

Who Our Services Are For

The use of MoodJam is available to all persons age 13 and over who agree by these terms of service. It is available for non commercial use only. It may not be used for purposes not in accordance to local law.

Allowable Content and Use

MoodJam is an easy way to share your moods. We want to keep it a safe, fun, friendly place, and that means a few rules. You may NOT:

  • Post unlawful, harmful, or obscene content.
  • Forge headers or otherwise impersonate someone.
  • Post content you do not have the right to transmit.
  • Post content that infringes on trademarks or copyrights.
  • Post viruses or malicious scripts.
  • Post spam or link bait.
  • Stalk or collect data about others.
  • Crawl content without permission from MoodJam.
  • Link to files on MoodJam without a link to the original post.

Rights Reserved

MoodJam reserves the right to filter any content posted and remove objectionable posts without notice. MoodJam may also cancel accounts for users who violate the Terms of Service.

MoodJam respects your copyright. You retain full copyright of any original content that you send us. By posting to MoodJam, you're granting us a license to distribute your content on this site.

MoodJam reserves the right to view private sites and private posts for the purposes of fixing issues, and to look for copyrighted or other inappriate material. This will only be done as necessary and these posts will never be shared by anyone else.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. The main form of identity management is your e-mail address. Please always use a valid and up-to-date e-mail address.

User submissions

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by MoodJam ("Content") or by other users of MoodJam ("User Submissions") to MoodJam is owned by the party contributing such content. As a user of MoodJam, you are solely responsible for your own User Submissions. By transmitting your User Submissions to the Website or otherwise through or using MoodJam you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to MoodJam you grant MoodJam the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with MoodJam and MoodJam's business, but solely in accordance with these Terms of Use and our Privacy Policy. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify MoodJam for any claim regarding MoodJam’s use of your User Submissions.

When using MoodJam, you may be exposed to User Submissions from a variety of sources, and MoodJam is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information publicly posted or privately transmitted through MoodJam is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using MoodJam. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe.

We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

Disclaimer

While we have the right to monitor activity and content associated with MoodJam, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users to MoodJam. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using MoodJam, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

Indemnity

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless MoodJam, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of MoodJam; ii) unauthorized access to or alteration of your communications with or through MoodJam, or iii) any other matter relating to MoodJam. Any business transactions which may arise between users from their use of MoodJam are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $10.00.

Trademarks

MoodJam, the MoodJam logo, and other MoodJam logos and names are trademarks of MoodJam. You agree not to display or use these trademarks in any manner without our prior written permission. The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to moodjam@gmail.com.

Digital Millennium Copyright Act

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected site so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied
  • Identify the material that is infringing on the work in item #1. This means the link to a MoodJam site with the material on it.
  • Provide your contact information, preferably email and phone number.
  • Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

moodjam@gmail.com

How To Contact Us

Should you have other questions or concerns about these terms of service, please send us e-mail at moodjam@gmail.com.

Disclaimer

MoodJam is provided 'as-is' with no warranty of any kind. You use the service at your own risk. MoodJam expressly disclaims any warranty, express or implied, regarding the site or its content, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.