Terms of Service

Mosaic Junction Terms of Service and Privacy

Description of Service
Mosaic Junction is a software program Service designed to allow the user to upload source files, annotate those files, generate notes (referred to as “Tiles”), place those notes on to themed grids, and use those notes to generate new files. This program is designed to assist the user in acquiring, cultivating, assessing information and disseminating those findings. No source files or original thoughts can be sold through this program.

There are two display versions of Mosaic Junction. The Private View is designed for closed personal or group use. The Public View is designed for the Data owner to show their thoughts to the general public or those they invite.  Below, the word “Service” will incorporate both formats.

Your Data and source files are not part of this Service. “Your Data” is defined as PDFs, text, images, websites or links you place on the Mosaic Junction Tiles (notes) modal (windowed-in display), grids and outlines you have made. It is your responsibility to act within the appropriate guidelines of any source file you upload.

Mosaic Junction software may from time to time be modified or add new features. These changes may happen without notification.  These changes are part of the Mosaic Junction software.  All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Mosaic Junction.

If you do not agree to these Terms, you do not have the right to access or use our Service

You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Mosaic Junction in its sole discretion). Sharing your account information with another will cause confusion as to who is the proper owner and responsible for the data posted in Mosaic Junction. Therefore, we discourage this and will take action against shared accounts.

Use of this Service via any displayable and interactive format shall be governed by the same Terms of Service.

 

Your Data Rights and Related Responsibilities
Mosaic Junction will make reasonable efforts to secure Your Data and associate source files.

In order to enable Mosaic Junction to operate the Service, we must obtain from you certain limited license rights to process Your Data and source files so that technical actions we take in operating the Service are not considered legal violations. By using the Service and uploading data, you are granting Mosaic Junction a license to display, perform and distribute Your Data and associate source files and to modify (for technical purposes, e.g., making sure content is viewable on computers as well as  other devices) and reproduce such data to enable Mosaic Junction to operate the Service). This permission includes allowing us to use third-party service providers (such as web hosting services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

You also agree that Mosaic Junction has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.

Your name, credit card and billing address are shared with Stripe (Stripe.com) for credit card charge purposes. Mosaic Junction does not sell or rent your Personal Information to marketers or third parties.

Mosaic Junction will not provide Your Data to non-Mosaic Junction third parties unless where legally obligated.

 

Copyright and Intellectual Property
Your Data, meaning your notes, grids, decisions, and outlines are your Intellectual Property. Since we rely upon your rights to upload and distribute Your Data and source files, you represent and warrant to Mosaic Junction that you have the unfettered legal rights and authority to submit Your Data and source files to Mosaic Junction.

Mosaic Junction appreciates that you may have access to and research upon sensitive and proprietary sources. You are obligated to protect these sources by using them for personal or authorized groups use.

In the Public View version of Mosaic Junction, you authorize Mosaic Junction the right to display Your Data and have sole responsibility to create and upload this data. Mosaic Junction does not connect back to the source files.

 

Copyright or Intellectual Property Infringements
Mosaic Junction does not hold any obligation to take any action to enforce or protect any party’s copyright or intellectual property. Those actions must be taken by the copyright or intellectual property owner. We respond to copyright or intellectual property infringement notices that clearly state the issue, and point us to the exact URL, Mosaic Junction user, project folder and source document name. You must also provide us with your legal statement to bring this claim as well as complete contact information. Please send this information to CLAIMS (at) Mosaic Junction DOT com. And to Mosaic Junction, 675 Alpha Drive Suite E, Highland Heights, Ohio 44143.

 

Team Use – Team Leader Usage Rights
All users should be aware that the Team Leader User(s) of your business or organization may have certain rights to access and or restrict your account, based on your business or organization policy.

Individual company or group policies may dictate Your Data’s ownership, usage and privacy.

In all cases, all disputes between the business, organizations, Team Leader user(s) and individual users are exclusive to that business or organization.

 

School and Children Usage
Children under the age of 18 may use Mosaic Junction and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. We do not recommend the program for students under the age of 13.

If you are a school or teacher in the United States and want your students, who are over 13 through those in high school regardless of age, to use the Service, including in conjunction with the establishment of a Service account for the school or a group of students at the school, you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”) and with the U.S. Children’s Online Privacy Protection Act (“COPPA”). This means you must notify those students’ parents/guardians of the personally identifiable information you will collect and share with Mosaic Junction, such as their name, assigned email address and Team assignment, and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you should provide parents/guardians with a copy of our Terms of Service. You must keep all consents on file and provide them to us if we request them. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you will comply with such laws.

 

Maintenance and Technical Malfunctions
You also acknowledge that for a variety of reasons, Mosaic Junction’s actions may impair or prevent you from accessing Your Data or source files or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Mosaic Junction has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, Your Data and source files. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. Once notified of your inability to access Your Data or source files, we will make every effort to remedy the situation. We will either extend your paid subscription period equal to the interrupted time or refund your subscription as we determine the best action. We will also make every effort to recover most, if not all, of Your Data.

 

Mosaic Junction has Intellectual Property Rights
In agreeing to these Terms, you also agree that the rights in the Service and Mosaic Junction Software, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Mosaic Junction Software.

 

Payments
You agree to pay Mosaic Junction in accordance with the terms set forth on the Site and this Terms of Service, and you authorize Mosaic Junction to bill your payment instrument in advance on a periodic basis in accordance with such terms.

Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years.

 

Terminating Accounts
Cancel Account:  You may cancel your account. Instructions are found in the Help File.

Mosaic Junction refunds in month increments. Meaning, payments for Service are paid one month in advance. If you are paying month to month and close your account on or before the last day of a month, the following month payment will be refunded. If you are paying one year in advance, and close your account, you will be refunded the value of the balance of the unused months. Refunds will not be less than one month increments.

You will be directed to download Your Data and source files in a CSV file at that time, barring legal restraints.

Terminating Account:  If there is a valid concern regarding your account with regard to copyright infringement, sexual exploitation, inflammatory or treasonous actions, Mosaic Junction may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms.

You will be directed to download Your Data and source files in a CSV file at that time, barring legal restraints.

Suspend Account: Month to month users can suspend their account for period of up to 12 months. The suspension period is defined as month one being the first month not paid for through 12 months. If you re-activate your account within that period through the last day of the 12th month, Mosaic Junction will reinstate your full library of projects.

You will be directed to download Your Data and source files in a CSV file at that time, barring legal restraints.

Delete Account Due to Inactivity: Mosaic Junction may also delete your account (Your Data and source files) after a 13-month inactivity period.

 

Indemnity
You indemnify us from any Third-Party Links, Content or Programming you identify or link to in Your Data.

You agree to indemnify and hold Mosaic Junction, its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

 

Representations and Warranties
You represent and warrant to Mosaic Junction that (i) you have full power and authority to enter into this Terms of Service; (ii) you own all of Your Data or have obtained all permissions, releases, rights or licenses required with the source files to engage in your activities (and allow Mosaic Junction to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Service, and Mosaic Junction’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data or source files contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You also agree not to:

  1. upload, post, transmit, or otherwise make available any of Your Data or source files that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. use the Service to harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Mosaic Junction employee, Administrator, Owner, or other Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. manipulate identifiers in order to disguise the origin of any of Your Data or source files;
  5. upload, post, transmit, or otherwise make available any of Your Data or source files that you do not have a right to access under any law or under contractual or fiduciary;
  6. sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a time share basis to any third party;
  7. use the Service to upload, post, 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;
  8. use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
  10. modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
  11. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission;
  12. use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.

 

Disclaimer of Warranties
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Mosaic Junction shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Additionally, while Mosaic Junction takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Mosaic Junction will have no liability to you for any unauthorized access or use of any of Your Data or source files, or any corruption, deletion, destruction or loss of any of Your Data or source files.

The service and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and Mosaic Junction expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Mosaic Junction does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the services, and no information, advice or services obtained by you from Mosaic Junction or through the service shall create any warranty not expressly stated in this terms of service.

 

Limitation of Liability
In contract, tort, or otherwise, shall Mosaic Junction be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages or business, lost data.

 

Exclusions and Limitations
Nothing in these terms of service (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.

 

Dispute Resolution/Arbitration
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these Terms of Service, and the formation, validity, enforceability, scope, or applicability of this Terms of Service, will be resolved as follows:

Informal Resolution: We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal Claim for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to Claims [at] mosaicjunction [dot] com AND to the address listed directly below. For business or organization accounts, we will send our notice to the email AND U.S. mailing address associated with your account. For Members, we will send your notice by email to the email address associated with your Member account.

Mosaic Junction
675 Alpha Drive Suite E
Highland Heights, Ohio 44143

Formal Resolution: If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of the State of Ohio, United States of America.

Exceptions: Notwithstanding the foregoing, the notice and 30-day negotiation period required above this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction.
You and Mosaic Junction agree, as part of the arbitration agreement, that each of us may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding. We refer to this as the “prohibition of class and representative actions.” Unless both you and we agree otherwise, the arbitrator may not consolidate or join your or our claim with another person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative or class proceeding. The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Mosaic Junction users.

 

Statute of Limitations
Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the Terms of Service must be filed with Mosaic Junction within six (6) months after such Claim or cause of action arose or be forever barred.

 

Enforce-ability
If any provision of this Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Service will otherwise remain in full force and effect and enforceable.

 

Integration, Modification, and Authority
This Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Terms of Service. All waivers and modifications to this Terms of Service must be in a writing signed by both parties that expressly by its terms modifies or waives a provision of this Terms of Service, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Terms of Service and you do not have any authority of any kind to bind Mosaic Junction in any respect whatsoever.

 

Assignment
You may not assign this Terms of Service without the prior written consent of Mosaic Junction, except, if you are a company or other legal entity, you may assign this Terms of Service in connection with a merger, re-organization or acquisition of all or a substantial portion of your assets by another company, but only upon 30-days prior notice to Mosaic Junction. Mosaic Junction may assign or transfer this Terms of Service, in whole or in part, without restriction.

 

Notices
Except as otherwise set forth herein, all notices under this Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

 

Choice of Law and Forum
The Terms of Service and the relationship between the parties shall be governed by the laws of the State of Ohio without regard to its conflict of law.

 

Waiver and Severability of Terms
The failure of Mosaic Junction to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

 

Right of Survivorship
If you are a single person user, Your Data and source files can be made available to an authorized heir. Mosaic Junction will release a CSV file of the account information upon court order or copy of death certificate. If you are a user in a business or organization entity, the business or organization has the right to access the information. All disputes and rights between business or organization and its users do not involve Mosaic Junction.

 

No Exportation of the Mosaic Junction software
You may not use or otherwise export the Service. In particular, but without limitation, the Mosaic Junction Software may not be (i) exported or re-exported into any U.S. embargoed countries or (ii) provided to or used by anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic stations and related law when you travel across international borders and access your Content.

 

Special Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may contact us at Info [AT] MosaicJunction [DOT] com or at:

Mosaic Junction
675 Alpha Drive, Suite E
Highland Heights, Ohio 44143

Last update January 13, 2017