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To use this site, you must accept the Terms and Conditions of Use below:

IMPORTANT: You must be at least 13 years old to use this site.

TERMS AND CONDITIONS OF USE

Welcome to the Phojo.com web site (the "Site"). The following sets forth the terms and conditions under which you may access the Site. PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Phojo, LLC (referred to as the “Company” or "we"). “You” are the person or entity using the Site, or using services or applications related to the Site.

By using this Site, or using applications or services related to the Site, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Florida law. If you do not agree to these Terms, you do not have permission to use the Site. Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail at Company’s option. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site and leave immediately.

OBLIGATION FOR USING YOUR PASSWORD

ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact the Company immediately to authorize the Company to deny access to the Site to anyone else presenting your password. At the same time you should change your password by using the “My Account/Overview” page.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

The Company hereby grants you the limited right to view and use the Site only for personal use. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this Site.  Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

Use of the Site is further subject to the following conditions:

1.  You must be at least 13 years or older to use this Site.
2.  You must not abuse, harass, threaten or intimidate other Phojo users.
3.  You may not use the Site or any related services or applications for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. 
4.  You must not upload, post, order for print, email or otherwise transmit or communicate any material that is offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable in PUBLIC photo galleries.
5.  You must not upload, post, print, email or otherwise transmit or communicate any material that is blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise objectionable in PRIVATE photo galleries.
6.  You may not upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Phojo.com and Phojo. 
7.  You must not create or submit unwanted email to any Phojo members, which includes, but is not limited to “Spam” emails. 
8.  You are responsible for any activity that occurs under your member name. 
9.  You are responsible for keeping your password confidential and secure. 
10.  You are solely responsible for your conduct and any data, text, information, member names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Phojo.com service. This means you, and not the Company, are entirely responsible for the Content you transmit through the Site. Further, you understand that by using the Site you may be exposed to Content that is offensive, objectionable or indecent.
11.  You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Phojo.com or its parent company, Phojo. 
12.  Professional or corporate uses of Phojo.com are prohibited without written consent from Phojo.
13.  You must not, in the use of Phojo.com, violate any laws in your jurisdiction (including but not limited to copyright laws). 
14.  You must not transmit any worms or viruses or any malicious code of a destructive nature.

Violation of any of these agreements will result in the termination of your Phojo.com account. You acknowledge that the Company does not pre-screen any Content posted by you or other users, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content. Without limitation, the Company and its designees shall have the right to remove any Content that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site. The Company may establish practices and limits concerning the use of the Site and any associated applications or services, including the maximum disk space that will be allotted to your use. You agree that the Company has no liability or responsibility for the storage or deletion of any Content that you submit or post. The Company reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

ADDITIONAL CONDITIONS

1.  We reserve the right to modify or terminate the Phojo.com service for any reason, without notice at any time. 
2.  We reserve the right to refuse service to anyone, for any reason, at any time. 
3.  Your account will also be terminated if it is used for hosting graphic elements of web page designs, icons, smiles, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
4.  Your account may also be terminated if it contains pornographic material that is not marked as such by the owner, or contains pornographic material of illegal nature. 
5.  We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. 
6.  The Phojo service makes it possible to post images hosted on Phojo.com to outside websites which we encourage. However, pages on other websites which display images hosted on Phojo.com must provide a link back to Phojo from each photo to its Phojo on Phojo.com.

1.  We claim no intellectual property rights over the material you provide to Phojo.com. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. However, by setting your uploaded images as "public", you agree to allow other Phojo users to view and share your images and you therefore agree to allow us to display and store them.  
2.  We encourage users to contribute their creations to the public domain or consider licensing their creations under less draconian terms than have become standard in most jurisdictions. Accordingly, we offer the ability to mark your content as belonging to the public domain or as licensed under a Creative Commons license. 
3.  Phojo undertakes to obey all relevant copyright laws. The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
	
	We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following: 
	a.  A physical or electronic signature of the copyright owner or the person authorized to act on its behalf; 
	b.  A description of the copyrighted work claimed to have been infringed; 
	c.  A description of the infringing material and information reasonably sufficient to permit Phojo to locate the material; 
	d.  Your contact information, including your address, telephone number, and email; 
	e.  A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
	f.  A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to copyright@gushy.com or Phojo, LLC.  P.O. Box 11,  Bedminster, NJ  07921

The Company respects your right to privacy and understands that visitors to Company need to be in control of their personal information.

INDEMNITY

You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.

DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND THE COMPANY,  THE SITE AND ANY APPLICATIONS OR SERVICES OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. THE COMPANY HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN ADDITION, THE COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

ASSUMPTION OF RISKS

YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY USING THIS SITE, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE CONTENT. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY, NOR ANY OF THE COMPANY’S AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY, OR ANY OF THE COMPANY’S AFFILIATES OR AGENTS, SHALL BE, AT THE COMPANY’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR SERVICE THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY; OR (2) REFUND OF ANY AMOUNT THAT YOU PAID TO THE COMPANY. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of the Company, the Company’s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Content and it is original to you; (g) the Content does not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Content does not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

OWNERSHIP

The Site, related applications and services, and related information are the exclusive property of the Company or its suppliers. All rights not licensed herein are hereby reserved to the Company or its suppliers.

EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any related services or applications shall be litigated or otherwise heard in the appropriate forum in Broward County, Florida. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Broward County, Florida, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida law.

ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.

AMENDMENTS

You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.

NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to: Attn:Hal Milstein, Phojo, LLC.,  275 Middlefield Road  Menlo Park, CA 94025, or as to a successor address that the Company makes available on the Site or through other reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send the Company email notice using the Company’s FAQ form (mail to: Doug@phojo.com . With respect to Company’s notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, the Company may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

Contact Information Disclosure. The Company’s name and street address is Phojo, LLC., 275 Middlefield Road  Menlo Park, CA, 94025.