Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY BEFORE YOU USE MOKOJAM (THIS "SERVICE"). BY USING THIS SERVICE YOU AGREE THAT THESE TERMS APPLY TO AND GOVERN YOUR USE OF THIS SERVICE. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS OF THE JURISDICTION WHERE YOU LIVE. 

1. You will pay for using this Service, including resulting products, according to the price list and payment methods set forth on this Website. The price list and payment method are subject to revision by CANDO IMAGE GMBH ("Cando") at any time and whenever it deems necessary or advisable. You will be bound by the price list and payment method in effect at the time you incur charges. You will comply with these Terms in using your credit card that you have designated as your means of settlement for the Service. 
2. You agree to provide personal information as it is necessary for use by Cando in providing this Service. Cando will use the personal information you provide to provide this Service, to initiate operations (including delivery) to third parties, and to contact you. Cando will obtain your consent if it needs to use your personal information for any other purpose. 
3. You agree that Cando may disclose the information you submit as it deem necessary or advisable to perform this Service, including disclosure of such information to third parties, including, without limitation, delivery companies and data centers.  
4. Cando will not disclose information to any third party except as provided above or as otherwise provided in these Terms. Cando is not responsible for any act or omission by a third party. 
5. You agree to bear the costs you incur in accessing and using this Service. You agree that Cando may change or modify the specifications of this Service and related or resulting products at any time without prior notice to you. 
6. You guarantee that your use of this Service, including any images, information, or other materials or data submitted by you to Cando does not infringe any intellectual property rights, including, without limitation, any copyright, moral right, or any other rights of third parties, and does not inflict any inconvenience, disadvantage, or damage on any third party. If Cando receives a claim based on any infringement of rights or any other damages from a third party due to your use of this Service or in any way related to your use of this Service, you agree to defend, indemnify, and hold harmless Cando from any and all such claims, losses or liabilities at your sole expense and responsibility, and to compensate Cando for any damages, losses or liabilities either of them incur as a result of any such claim(s). 
7. You guarantee that your use of this Service does not violate any law or regulation of Switzerland, the European Union, any applicable state or local government, any applicable foreign government, or any other applicable government or jurisdiction, and does not offend the public order or morals where you live. If you violate the foregoing provisions, you agree to defend, indemnify, and hold harmless Cando from any resulting claim, loss or liability at your sole expense and responsibility, and to compensate Cando for any damages, losses or liabilities either of them incur as a result of any such claim(s). 
8. You acknowledge and agree that Cando may cooperate with law enforcement officials and may submit or disclose applicable images, or other data and Cando's records and products, as may be required by applicable law, to any court, law enforcement agency, or other authority. Cando may also make the foregoing disclosures to defend itself from any claim relating to your use of this Service. 
9. If Cando determine that your use of this Service may constitute infringement of any intellectual property right, such as a copyright, moral right, or any other rights of third parties, or constitutes a violation of any applicable law or violation of public decency, in Cando’s sole discretion, or may give rise to any of the foregoing, you agree that Cando may unilaterally elect to discontinue providing the Service to you, and dispose by deletion, destruction, or any other means all applicable photographs, images, or other data and Cando's records and products and may disclose or provide such information to applicable authorities. You hereby consent in advance to any such action. However, Cando shall be under no obligation or responsibility to take any such action. 
10. If Cando determine that the data you send them violates these Terms, Cando may elect not to provide the Service or any resulting products to you. You agree to pay Cando for any portion of the Services they have provided according to the price list established for this Service. 
11. If you violate these Terms, you will be disqualified from using this Service and Cando will be under no obligation to return to you any images, data, records, or other information you have provided to Cando. In addition, you will immediately reimburse Cando for any damages incurred by Cando resulting from your violation of these Terms. If you fail to submit any payment when due, you will be obligated to pay late fees on the overdue amount calculated at an annual rate of 10 percent beginning on the date the payment is overdue and continuing until Cando's receipt of full payment. 
12. You agree that Cando may change the specifications of this Service, including any resulting product, and may supplement, modify, or revise these Terms at any time and without notice to you. 
13. Cando will take commercially reasonable measures in storing the information you submit to it. However, if such information is destroyed or lost by Cando, you agree that Cando is not responsible to compensate you for any destroyed or lost information where such destruction or loss arises due to any event outside of Cando’s reasonable control, including, without limitation, earthquakes, fires, wind and flood damage, etc. You agree that Cando shall not be obligated to reimburse you in any amount. 
14. You use this Service with the understanding that Cando cannot guarantee that your privacy or confidentiality will be completely protected due to the inherent risks in transmitted, storing, and maintaining information and data. 
15. All programs, software, services, procedures, trademarks, and business names constituting this Service, as well as all techniques and know how accompanying it, belong to Cando. 
16. You agree that Cando may discontinue or suspend their operations or their provision of this Service when periodic system maintenance is carried out or when the normal provision of this Service is made impossible by events outside of a Service Provider's control, including, without limitation, fire, power failure, or any other emergency situation, or where Cando judges temporary suspension to be necessary or advisable. Cando shall not have liability for any damages incurred by you or any third parties resulting from such discontinuance or suspension of this Service, regardless of the reason. 
17. If a controversy arises between you Cando in connection with this Service, you agree that you will, prior to instituting any action or proceeding, participate in non-binding mediation in a good faith attempt to resolve the disagreement or dispute without resort to litigation. 
18. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of this Service, shall be brought against any of the parties in Winterthur, Switzerland, in each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue. 
19. These Terms and the Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of laws principals. The UN merchant laws are explicitely excluded for this Serivce. 
20. If any arbitration, suite, or action is instituted to interpret or enforce the provisions of these Terms or with respect to the Service, the party prevailing on an issue shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in preparation or in prosecution or defense of such arbitration, suite, or action as determined by the arbitrator or trial court and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.