Privacy Policy

This is our Privacy Policy as of December 20, 2021.

1. Acceptance of this agreement By accessing or using the MojoHeads website, services, or acquiring, owning, or transacting MojoHeads NFTs(defined below), you agree to be bound by the terms and conditions of this agreement. 2. You and MojoHeads 2.1 MojoHeads. MojoHeads is a project of JoyPixels Inc., a Nevada Corporation. JoyPixels Inc. will be referred to in thisagreement as JoyPixels, We, Our, or Us. 2.2 MojoHeads NFTs. MojoHeads is a collection of unique digital artwork non-fungible tokens on the Ethereum blockchain which arebought, sold, traded, and exchanged through smart contracts (“MojoHeads NFTs”). The designs featured onMojoHeads NFTs are based on the likenesses of real NFT artists (“Artists”) each of whom produces their ownNFT art or is involved in the NFT art community in some way. JoyPixels and the Artists have collaborated todevelop the MojoHeads NFTs and we encourage you to explore what the Artists have to offer in their personalcollections and media. A maximum of 10,500 MojoHeads NFTs will be created and JoyPixels will release themto the public for purchase or distribute them at our discretion. 2.3 Applicability.
These terms and conditions apply to your use of the MojoHeads website, services, and MojoHeads NFTs.2.4 Changes to this Agreement. JoyPixels may make changes to this Agreement from time to time. When JoyPixels makes such changes, wewill make the updated Agreement available on this website and update the “Last Updated” date at thebeginning of the Agreement accordingly. Please check this page periodically for changes. Any changes to thisAgreement will apply on the date that they are made and, by way of example, your continued access to or useof the MojoHeads NFT and MojoHeads Artwork after the Agreement has been updated will constitute yourbinding acceptance of the updates. 3. Ownership and License 3.1 What do you get when you own a MojoHeads NFT? When you own a MojoHeads NFT you own a non-fungible token that you may keep possession of or sell,trade, give away, or otherwise dispose of at your discretion. Ownership of MojoHeads NFTs may includeaccess to various benefits and experiences such as certain opportunities in the MojoHeads community orother services developed by JoyPixels. Information about these ownership benefits can be found on theMojoHeads website and on our social media. While owning a MojoHeads NFT you also have the right to use the accompanying artwork (“MojoHeads Artwork”) associated with your MojoHeads NFT in accordance withthe license terms in Section 3.2 below. 3.2 What CAN you do with the MojoHeads Artwork? For any MojoHeads NFTs you own, JoyPixels grants to you a non-exclusive worldwide limited license to useand display the MojoHeads Artwork associated with the MojoHeads NFT you own, for personal use such ascover photos, profile photos, in social media, on your personal website or blog, and on marketplaces fortransacting MojoHeads NFTs. This license applies for the duration that you own the MojoHeads NFT. Youunderstand and accept the Artist whose likeness is the subject of the MojoHeads NFT also has similar licenserights to use and display MojoHeads Artwork from all their MojoHeads NFTs. When you sell, trade, or disposeof your MojoHeads NFT the license transfers from you to the new owner and your rights under this licenseautomatically end. 3.3 What CAN’T you do with the MojoHeads Artwork? Your use of the MojoHeads Artwork associated with a MojoHeads NFT you own is limited to the personal usedetailed above. You are prohibited from doing any of the following with the MojoHeads Artwork: (i) modifyingit or creating derivative works from it; (ii) using it for any commercial purposes for yourself or any third-parties(except for selling/trading the MojoHeads NFT itself); (iii) using it for malicious purposes such asdisparagement, libel, or slander; or (iv) claiming ownership or attempting to acquire or register any intellectualproperty rights in it. JoyPixels exclusively owns all intellectual property rights, title, and interest in theMojoHeads Artwork as well as the MojoHeads name, brand, trademarks, servicemarks, and logo. 4. Transactions 4.1 Transactions are through the Ethereum network. MojoHeads NFT transactions will be conducted through smart contracts on the Ethereum network. TheMojoHeads website and other third party marketplaces will serve as platforms for such transactions. Youunderstand and accept that we have no control over the Ethereum network nor do we have the ability toreverse, modify, or undo any transactions. We also have no control over any third party marketplaces,websites, services, including their functionality, availability, or the transactions that take place on suchplatforms. You are solely responsible for all your transactions and acknowledge and accept the risksassociated with blockchains and smart contracts which may include but are not limited to the following: thesmart contract not functioning as you anticipated, processing delays and errors, security risks, protocolchanges, and upgrades to the Ethereum platform (aka forks) which can significantly and adversely impactsmart contracts including NFTs. 4.2 Sales, royalties, and gas fees. JoyPixels will keep the proceeds from the initial sale or transfer of the MojoHeads NFTs. Subsequent sales ofeach MojoHeads NFT will be subject to a 5% royalty which will be paid to JoyPixels and the Artist. In otherwords, for each secondary market transaction the MojoHeads NFT seller will receive 95% of the sale proceedsand JoyPixels and the Artist will each receive their portion of the 5% royalty. JoyPixels and the Artists can usethe proceeds from royalties and initial sales however we see fit, however JoyPixels has pledged at least 20%of its proceeds from MojoHeads NFTs to a community art fund (or similar use) geared towards strengtheningand benefitting the NFT artist community including activities focused on assisting independent and lessestablished artists. Each transaction on the Ethereum blockchain, including those for MojoHeads NFTs, requires payment ofprocessing fees commonly known as gas fees. You are responsible for being aware of and paying all gas feesand you understand JoyPixels has no control over gas fees. 4.3 NFTs are speculative and risky. NFTs are new, speculative, experimental, and the value and popularity of NFTs in the future is unknown. Risksof transacting, owning, or using MojoHeads NFTs can include substantial price volatility, market changes,regulatory and legal changes, technological and service changes or failures, the potential for a total loss ofvalue, and other risks. There are also risks of changes to the regulatory regime governing blockchaintechnologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one ormore jurisdictions or policies any of which may materially adversely affect the use and value of the MojoHeadsNFTs. You acknowledge that you accept these risks and understand that JoyPixels doesn’t guarantee thatMojoHeads NFTs won’t decline in value or be impacted by other unforeseen circumstances. 4.4 Your cryptocurrency wallet. You are solely responsible for linking, maintaining, and securing your cryptocurrency wallet associated withour website, services, and MojoHeads NFT transactions. JoyPixels is not responsible for lost, stolen, hacked,or corrupted cryptocurrency wallets or for any errors that you experience using your wallet. 4.5 Taxes and withholdings. You are solely responsible for reporting and payment of any and all taxes and withholdings associated withyour MojoHeads NFT transactions or other interactions with our services whether pursuant to any national,federal, state, local tax, or other law now in force or later enacted. JoyPixels is not responsible for determiningor reporting taxes that might apply in your jurisdiction. At our request you agree to provide us with a correctlycompleted IRS form W-9, W-8, or other required tax forms so that we may meet our tax reporting obligations. 4.6 Transactions with third parties. You are solely responsible for any transaction between you and a third party (for example, use of the Ethereumplatform or buying or selling a MojoHeads NFT on the secondary market), and JoyPixels shall have no liabilityin connection with any such transaction. 6. Termination We reserve the right to terminate this agreement and suspend or terminate your access to our website andservices as far as technically feasible without notice and without liability to you in the event that you violatethe terms and conditions of this agreement. 7. Disclaimers and Limitation of Liability All MojoHeads NFTs are provided “as is” and “as available” without warranties of any kind eitherexpress or implied. To the fullest extent permissible pursuant to applicable law, JoyPixels disclaimsall warranties, express or implied, for the MojoHeads NFTs and MojoHeads Artwork including, but notlimited to, implied warranties of merchantability, non-infringement, and fitness for a particularpurpose. To the fullest extent permissible by applicable law, in no event shall JoyPixels be liable toyou for any personal injury, property damage, lost profits, cost of substitute goods or services, lossof data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction,or for any form of direct or indirect damages, and/or any special, incidental, consequential, exemplary or punitive damages based on any causes of action whatsoever related to any MojoHeads NFT or theMojoHeads Artwork. You agree that this limitation of liability applies whether such allegations are forbreach of contract, tortious behavior, negligence, or fall under any other cause of action, regardlessof the basis upon which liability is claimed and even if a disclaiming party has been advised of thepossibility of such loss or damage, and in any event, to the maximum extent permitted by applicablelaw, JoyPixels’ total aggregate liability shall not exceed twenty-five percent (25%) of the total sum paiddirectly by you to JoyPixels or $500 whichever is less. You accept the inherent security risks ofproviding information and dealing online over the internet and agree that we have no liability orresponsibility for any breach of security. If applicable law does not allow all or any part of the abovelimitation of liability to apply to you, the limitations will apply to you only to the extent permitted byapplicable law. 9. Indemnity You will defend, indemnify, and hold JoyPixels, including each of their respective affiliates, subsidiaries,parents, successors and assigns, and each of our respective officers, directors, employees, agents, orshareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (includingreasonable attorneys’ fees) relating to or arising out of your license, sale or possession of the MojoHeads NFTor use of the MojoHeads Artwork, including: (1) Your breach of this Agreement; (2) Your violation of any lawor the rights of a third party; (3) any of your negligent, grossly negligent or willful actions or inactions. Thisindemnity shall be applicable without regard to the negligence of any party, including any indemnified person. 10. Governing Law This agreement will be construed in accordance with and governed by the laws of the State of Nevada, withoutregard to its conflict of laws rules. You agree that Las Vegas, Nevada shall be the exclusive venue for anyaction brought by any party in any way related to this agreement. 11. Severability Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provisionof this agreement. If possible, any unenforceable provision within this agreement will be modified to reflect theoriginal intention. 12. Entire Agreement This agreement is the entire agreement of the you and JoyPixels and supersedes all prior agreements as tothe use of the website, services, MojoHeads NFTs, and the MojoHeads Artwork.
  1. 1. How your Privacy is Protected
  2. JoyPixels Inc. ("JoyPixels" "us" or "we") is dedicated to protecting your privacy and handling any personally identifiable information we obtain from you with care and respect. This Privacy Policy sets forth our policy with respect to information, including personally identifiable information that is collected from users of and/or visitors to MojoHeads.com, MojoLive.io, and SecretMojo.io (collectively, "Mojo Websites"). When this Privacy Policy uses the term "personally identifiable information," we mean information that identifies a particular individual, such as the individual's name, address, e-mail, and phone number. Personally identifiable information is also referred to in this Privacy Policy as "personal information." If you are an EU citizen or currently residing in the EU, this policy covers the collection, processing and other use of personal information under the Data Protection Act 1998 ("DPA") and the General Data Protection Regulations ("GDPR"). For the purpose of the DPA and GDPR we are the data controller and any inquiry regarding the collection or processing of your data should be addressed to JoyPixels Inc. Attn: Privacy Compliance 2505 Anthem Village Dr. Suite E-525 Henderson, NV 89052. As used in this Privacy Policy, JoyPixels includes all of its subsidiary and affiliated entities. JoyPixels is referred to in this Privacy Policy as "we," "us," "our," and "ourselves."
  3. 2. Information You Provide to Us / Blockchain Privacy is Relative
  1. Typically the personally identifiable information we receive is voluntarily provided to us by users like you who want to participate in events and promotional offers, sign up to receive announcements about events, products, and services, or contact us with inquiries. For instance you might provide information when you upload or submit information to our websites or platforms or when you participate in activities on our social media channels. Privacy is relative on the blockchain. There will be certain information that may not be edited or deleted for you to access the Mojo Websites (such as your wallet address from MetaMask or similar applications). The Ethereum ledger is publicly available and JoyPixels has no control over the information and data stored there. Such information and data are subject to the privacy policies of the Ethereum network and are likely to be impossible or impracticable to edit or delete.

3. Information Collected Through Technology / Cookies

  1. We collect information through technology to make our sites more interesting and useful. For instance, when you come to one of our sites, your IP address is collected. An IP address is often associated with the network through which you enter the Internet, like your ISP or your company. At times, we also use IP addresses to collect information regarding the frequency with which our users visit various parts of our sites. We may also use your IP Address to help diagnose problems with our servers, and to administer our websites. When you view our websites we may store a small amount of information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small files stored on your computer, not on our site. We use cookies in our interactive website areas, to deliver content specific to your interests, and so you are not required to reenter your account data every time you connect to the site. Through your web browser you can choose to have your computer warn you each time a cookie is being set, or you can choose to delete or turn off all cookies at any time. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookie settings. Our websites may also use a variety of technical methods for tracking purposes, such as JavaScript snippets or pixel tags. We may also use these technical methods to analyze the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites.

4. Use of Personally Identifiable Information

  1. We may use your personal information in many ways that assist us in managing our website and services to provide more customized products and services. Personal information can be used to allow you to participate in certain features of our services or to interact with you to provide customer service, announcements, event information, or other communications. In addition, personal information may be used to help improve our website, products, events and for other business purposes, for instance collaborative experiences or promotions with other companies.

5. Disclosure of Your Personally Identifiable Information

  1. The Mojo Websites may link to or integrate with third-party websites and services that are not owned or controlled by us such as social media, digital asset wallet applications, the Ethereum network, or other service providers. In each case the data collection and use of personal information is subject to the privacy policies of those third-parties. It is your responsibility to review those policies to understand how your information and data might be used. JoyPixels is not responsible for the policies or practices of any such third-parties. We may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals, or by removing characteristics (such as your name) that make the information personally identifiable to you. There are no restrictions under this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we may use and/or share the resulting non-personally identifiable information with third parties in any way. We may store personally identifiable information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the personally identifiable information from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Mojo Websites may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any personally identifiable information via the Internet. Although we will do our best to protect your personal information, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk.

6. Google Analytics

  1. Our websites use Google Analytics to track website usage and trends. Google Analytics collects various data including the page URL, page title, IP Address, and Page Language. You can review Google's Privacy Policy here: https://www.google.com/policies/privacy. You can review additional information about how Google Analytics uses your data here: https://support.google.com/analytics/answer/6004245. Google provides various privacy controls to limit its collection of data, including the Google Analytics opt-out browser add-on. More information about opting out of Google Analytics can be found here: https://support.google.com/analytics/answer/181881

7. Notice to EU Citizens and those Currently Residing in the EU

  1. If you are an EU citizen, or currently residing in the EU, we may hold and process personal information that you provide to us in accordance with the DPA and GDPR. The DPA and GDPR give you the right to access information held about you by us. Please write to us or contact us by email if you wish to request confirmation of what personal information we hold relating to you. You can write to us at JoyPixels Inc. Attn: Privacy Compliance 2505 Anthem Village Dr. Suite E-525 Henderson, NV 89052, or by email to privacy@joypixels.com. There is no charge for requesting that we provide you with details of the personal data that we hold. We will provide this information within one month of your requesting the data.

8. Controlling the use of Your Personal Information

  1. All users have the right to change the permissions that you have given us in relation to how we may use your data. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to us at JoyPixels Inc. Attn: Privacy Compliance 2505 Anthem Village Dr. Suite E-525 Henderson, NV 89052, or by email to privacy@joypixels.com. You also have the right to opt-out of our processing your personal information for marketing purposes by writing to us at JoyPixels Inc. Attn: Privacy Compliance 2505 Anthem Village Dr. Suite E-525 Henderson, NV 89052, or by email to privacy@joypixels.com.

9. Do Not Track

  1. We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of data.

10. International Privacy Laws / Storage and Transfer of your Data

  1. If you are an EU citizen or currently residing in the EU, please be advised that the information you provide to us is transferred to and stored in countries outside of the European Economic Area ("EEA"). Your data is also be processed by staff operating outside the EEA. Nonetheless, we have taken steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy and in accordance with the DPA and GDPR. For all users, if you are using the websites from outside the United States, please be aware that you are sending information (including potentially personally identifiable information) to the United States, including to Google. Any information sent to JoyPixels, other than from EU citizens and those currently residing in the EU, will be held in accordance with privacy laws in the United States and this Privacy Policy. Any information sent to Google, Stripe, or third-party agents will be held in accordance with those companies' privacy policies.

11. Purchase or Sale of Businesses

  1. From time to time we may purchase a business or one or more of our businesses may be sold and any data may be transferred as a part of the purchase or sale. We may also, sell, assign, or otherwise transfer such information in the regular course of business. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

12. Additional Disclosures Required by Law

  1. We will disclose personal information when we believe in good faith that such disclosures are required by law, including, for example, to comply with a court order or subpoena; to enforce our Privacy Policy; to protect your safety or security; and/or, protect the safety and security of our websites, us, and/or third parties, including the safety and security of property that belongs to us or third parties.

13. Children's Information

  1. The websites are not directed toward persons under thirteen (13) years of age. JoyPixels does not knowingly collect personally identifiable information from persons under thirteen (13) years of age.

14. Applicability

  1. This Privacy Policy applies to personally identifiable information collected through the Mojo Websites and does not apply to any other information collected by JoyPixels through any other means.

15. Changes and Updates

  1. We reserve the right to amend this Privacy Policy at any time. If we do this, we will post the amended Privacy Policy. Your continued use of the websites and services after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to this Privacy Policy or any future Privacy Policy, do not use (or continue to use) the websites or services.