Terms & Conditions

These are our terms & conditions as of December October 25, 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. Acceptance of this agreement
  2. 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.

  1. MojoHeads is a project of JoyPixels Inc., a Nevada Corporation. JoyPixels Inc. will be referred to in this agreement as JoyPixels, We, Our, or Us.


2.2  MojoHeads NFTs.

  1. MojoHeads is a collection of unique digital artwork non-fungible tokens on the Ethereum blockchain which are bought, sold, traded, and exchanged through smart contracts (“MojoHeads NFTs”). The designs featured on MojoHeads NFTs are based on the likenesses of real NFT artists (“Artists”) each of whom produces their own NFT art or is involved in the NFT art community in some way. JoyPixels and the Artists have collaborated to develop the MojoHeads NFTs and we encourage you to explore what the Artists have to offer in their personal collections and media. A maximum of 10,500 MojoHeads NFTs will be created and JoyPixels will release them to the public for purchase or distribute them at our discretion.


2.3  Applicability.

  1. These terms and conditions apply to your use of the MojoHeads website, services, and MojoHeads NFTs.


2.4  Changes to this Agreement.

  1. JoyPixels may make changes to this Agreement from time to time. When JoyPixels makes such changes, we will make the updated Agreement available on this website and update the “Last Updated” date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Any changes to this Agreement will apply on the date that they are made and, by way of example, your continued access to or use of the MojoHeads NFT and MojoHeads Artwork after the Agreement has been updated will constitute your binding acceptance of the updates.


3. Ownership and License

3.1   What do you get when you own a MojoHeads NFT?

  1. 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 include access to various benefits and experiences such as certain opportunities in the MojoHeads community or other services developed by JoyPixels. Information about these ownership benefits can be found on the MojoHeads 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 with the license terms in Section 3.2 below.


3.2  What CAN you do with the MojoHeads Artwork?

  1. For any MojoHeads NFTs you own, JoyPixels grants to you a non-exclusive worldwide limited license to use and display the MojoHeads Artwork associated with the MojoHeads NFT you own, for personal use such as cover photos, profile photos, in social media, on your personal website or blog, and on marketplaces for transacting MojoHeads NFTs. This license applies for the duration that you own the MojoHeads NFT. You understand and accept the Artist whose likeness is the subject of the MojoHeads NFT also has similar license rights to use and display MojoHeads Artwork from all their MojoHeads NFTs. When you sell, trade, or dispose of your MojoHeads NFT the license transfers from you to the new owner and your rights under this license automatically end.


3.3  What CAN’T you do with the MojoHeads Artwork?

  1. Your use of the MojoHeads Artwork associated with a MojoHeads NFT you own is limited to the personal use detailed above. You are prohibited from doing any of the following with the MojoHeads Artwork: (i) modifying it 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 as disparagement, libel, or slander; or (iv) claiming ownership or attempting to acquire or register any intellectual property rights in it. JoyPixels exclusively owns all intellectual property rights, title, and interest in the MojoHeads Artwork as well as the MojoHeads name, brand, trademarks, servicemarks, and logo.


4. Transactions

4.1  Transactions are through the Ethereum network.

  1. MojoHeads NFT transactions will be conducted through smart contracts on the Ethereum network. The MojoHeads website and other third party marketplaces will serve as platforms for such transactions. You understand and accept that we have no control over the Ethereum network nor do we have the ability to reverse, 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 such platforms. You are solely responsible for all your transactions and acknowledge and accept the risks associated with blockchains and smart contracts which may include but are not limited to the following: the smart contract not functioning as you anticipated, processing delays and errors, security risks, protocol changes, and upgrades to the Ethereum platform (aka forks) which can significantly and adversely impact smart contracts including NFTs.


4.2  Sales, royalties, and gas fees.

  1. JoyPixels will keep the proceeds from the initial sale or transfer of the MojoHeads NFTs. Subsequent sales of each MojoHeads NFT will be subject to a 10% royalty which will be paid to JoyPixels and the Artist. In other words, for each secondary market transaction the MojoHeads NFT seller will receive 90% of the sale proceeds and JoyPixels and the Artist will each receive their portion of the 10% royalty. JoyPixels and the Artists can use the 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 strengthening and benefitting the NFT artist community including activities focused on assisting independent and less established artists.
  2. Each transaction on the Ethereum blockchain, including those for MojoHeads NFTs, requires payment of processing fees commonly known as gas fees. You are responsible for being aware of and paying all gas fees and you understand JoyPixels has no control over gas fees.


4.3  NFTs are speculative and risky.

  1. NFTs are new, speculative, experimental, and the value and popularity of NFTs in the future is unknown. Risks of 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 of value, and other risks. There are also risks of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the MojoHeads NFTs. You acknowledge that you accept these risks and understand that JoyPixels doesn’t guarantee that MojoHeads NFTs won’t decline in value or be impacted by other unforeseen circumstances. NFTs especially MojoHeads NFTs should not be used as an investment of any sort.


4.4  Your cryptocurrency wallet.

  1. You are solely responsible for linking, maintaining, and securing your cryptocurrency wallet associated with our 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.

  1. You are solely responsible for reporting and payment of any and all taxes and withholdings associated with your 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 determining or reporting taxes that might apply in your jurisdiction. At our request you agree to provide us with a correctly completed 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.

  1. You are solely responsible for any transaction between you and a third party (for example, use of the Ethereum platform or buying or selling a MojoHeads NFT on the secondary market), and JoyPixels shall have no liability in connection with any such transaction.


4.7  Cooperation.

  1. You agree to cooperate fully with any and all investigations by JoyPixels and/or related governmental agencies, including but not limited to those in the United States.


5. Termination

  1. We reserve the right to terminate this agreement and suspend or terminate your access to our website and services as far as technically feasible without notice and without liability to you in the event that you violate the terms and conditions of this agreement.


6. Disclaimers and Limitation of Liability

  1. All MojoHeads NFTs are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, JoyPixels disclaims all warranties, express or implied, for the MojoHeads NFTs and MojoHeads Artwork including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. To the fullest extent permissible by applicable law, in no event shall JoyPixels be liable to you or any third party for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of 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 the MojoHeads Artwork. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if a disclaiming party has been advised of the possibility of such loss or damage, and in any event, to the maximum extent permitted by applicable law, JoyPixels’ total aggregate liability shall not exceed twenty-five percent (25%) of the total sum paid directly by you to JoyPixels or $500 whichever is less. You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.


7. Indemnity

  1. 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, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your license, sale or possession of the MojoHeads NFT or use of the MojoHeads Artwork, including: (1) Your breach of this Agreement; (2) Your violation of any law or the rights of a third party; (3) any of your negligent, grossly negligent or willful actions or inactions. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.


8. Privacy

  1. Privacy is relative on the blockchain. We cannot keep all information private as the Ethereum ledger is publicly available. We will keep all of your information as private as we reasonably can under the circumstances and in accordance with our Privacy Policy.


9. Governing Law

  1. This agreement will be construed in accordance with and governed by the laws of the State of Nevada, without regard to its conflict of laws rules. You agree that Las Vegas, Nevada shall be the exclusive venue for any action brought by any party in any way related to this agreement.


10. Severability

  1. Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of this agreement. If possible, any unenforceable provision within this agreement will be modified to reflect the original intention.


11. Entire Agreement

  1. This agreement is the entire agreement of the you and JoyPixels and supersedes all prior agreements as to the use of the website, services, MojoHeads NFTs, and the MojoHeads Artwork.