Introduction

These Terms of Use (the “Terms”) apply to all users of the MOCNation.com website (the “site”). References to “us,” “we” or “our” refer to MOCNation in these Terms. Reference to “you” or “your” refer to you as the user. By using the site, viewing its content, registering for an account, commenting on a design, submitting a design, or ordering products through the site, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of the Terms, please do not use this site.

We may make changes to these Terms from time to time without notice to you. We will post any such changes to the Terms here. Your continued use of the site indicates your agreement to such changes to the Terms. As we may make changes at any time without notifying you, it is your responsibility to review the Terms frequently for any changes.

We may have promotions or contests that have may have rules or terms in addition to these Terms. If you participate in any such promotions or contests, you agree to abide by the additional terms or rules pertaining to the promotion or contest, as well as these Terms. If there is a conflict between any of these Terms and any of the rules or terms posted for a specific promotion or contest, the rules or terms for the promotion or contest shall govern.

Our site is not intended for children under 13. If you are under 13 years of age, then please do not use our site.

Accounts. In order to access some features of the site, such as submitting designs or making a purchase, we require you to create an account. You agree that all information you provide to create your account true. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login information secure. You agree to notify us immediately if you become aware any unauthorized use of your account or any other breach of security regarding your account. You agree that you will never use another’s account without permission. You agree that we will not be liable for your losses or damage caused by any unauthorized use of your account. However, you agree to be responsible for any losses or damages that we or that others experience due to such unauthorized use.

Design Submissions

If you have a MOCNation account, you may submit designs for MOCs and other materials to us. We may select some of your MOC designs or other materials for display on our site. By submitting a design or other materials to us, you grant us a nonexclusive, royalty free, perpetual, worldwide, transferable license authorizing us to use, reproduce, modify, adapt, publish, translate, advertise, promote, import, create derivative works from, distribute, display (in whole or part), and to incorporate them in other products or works in any form, media, or technology now known or later developed, whether for commercial or marketing purposes or otherwise, and to distribute in connection with your design or other materials your name and other personal information that you provide to us.

You agree that we may, in our sole discretion, select MOC designs you submit to us to create brick kits based on your designs or other materials that we may sell to others, ship, have shipped, or distribute to others. If we select your MOC design to create brick kits to sell to others, we will pay you royalties set forth below. In addition, under the terms of the foregoing license, we may, in our sole discretion, display your designs and other materials on our site or other associated social media forums and sell, ship, have shipped, or distribute to others brick kits or other merchandise using or bearing the design or other materials we select. This license also authorizes us to reproduce, distribute, and display your designs and other materials on our site or other associated social media forums and in advertising and promotional materials.

You agree that you will not sell or license any part of your designs or other materials you submit to us in a way that would impair or restrict us from fully using the license you have granted to us.

You understand and agree that users of our site or other associated social media forums may publicly comment on or criticize your designs and materials. You agree that we are not obligated to use your designs under this license in any way. We may display and sell brick kits or other products based on your designs or materials you provide to us and we may also remove or disable access to such items at any time at our discretion.

Royalty Payments and Exclusive Rights If We Select your MOC for Sale

By submitting your MOC designs to us, you are not giving up any rights to submit or sell your MOC design elsewhere. However, if we select your MOC design to make it available for purchase on our site, you agree that our rights to display and sell your MOC design will be exclusive for 2 years starting from the date your MOC is first made available for purchase on our site. During that 2-year period, you agree not to sell your MOC design anywhere else. After the 2-year period ends, you can request that your MOC design be removed for sale from our site. We then have 90 days to clear out any remaining inventory for that MOC design and we will then remove it for sale from our site.

If we select your MOC design for sale on our site, you will receive 15% of “net receipts” from the sales of your MOC design. “Net receipts” means the amounts we receive from the sale of your MOC design brick kits less all costs, returns, cash or credit refunds, rebates and any other allowances we make off the actual sale price.

We pay royalties around the 15th of each month for the previous month’s sales. We pay royalties via Paypal or other payment methods that we choose.

Order Acceptance

When you place orders with us on our site, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by us upon shipment of products or performance of services that you have ordered. Title to goods and all

risk of loss passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order.

Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, then you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, then you agree to pay all amounts due upon our demand. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and and any other states or localities where we deem that such withholding is required or advisable.

Intellectual Property of Others

Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. We respect the IP rights of others and asks you to do the same. When using and interacting with us and our site, you may not post, submit, modify, distribute, or reproduce in any way any material that infringes an IP right belonging to another.

If you are a copyright owner and believe that material has been posted on our site in a way that infringes one or more of your copyrights, you may submit a DMCA takedown notification to us pursuant to the instructions listed below.

If you believe that we have removed your designs or other materials pursuant to a DMCA takedown notice as a result of mistake or misidentification of the materials to be removed, you may submit a DMCA counter-notification to us as set forth below.

DMCA Notices

If you are copyright owner and believe that any content on our site infringes your copyrights, you may submit a notification to us with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit the us to contact you, including your address, telephone number, and email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed.

If you believe that any of your material that we remove due to a DCMA notice is not infringing upon a copyright, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice to us containing the following information:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed and the location at which the material appeared before it was removed or disabled;

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

  4. Your name, address, telephone number, and e-mail address

  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the complaining party is located, or if your address is outside of the United States, for any judicial district in which the complaining may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material in 10 business days. Unless the copyright owner files an action seeking a court order against you, the removed material may be replaced after receipt of the counter-notice, at our sole discretion.

MOCNation Intellectual Property

Except as expressly provided in these terms of use, you are not granted any rights or license to IP owned by us. We reserve all rights not expressly granted in these Terms.

Copyrights

All original content (“Content”) available on our site is protected by U.S. and international copyright laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML

code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by us.

Unless otherwise indicated, Content does not include the designs or other materials that others provide to us. Content also does not include the IP rights of others, to which such designs or materials may refer.

Trademarks

You agree and understand that “MOCNation” is our trademark. All of our other product or service names, slogans, or logos used on our site or on the products we sell are also our trademarks. You understand and agree that our trademarks are solely owned by us. All third party company names, product names, service names, slogans, or logos referenced on website are used for identification purposes only and may be trademarks of others.

LEGO® is a registered trademark of the LEGO Group of companies which does not sponsor, authorize or endorse this site.

You may use the MOCNation trademark to promote sales of products based on your designs or materials you provide to us provided that your use complies with any usage guidelines we may provide from time to time and provided that you agree to stop any use of our trademarks upon our written request.

Website Access and Use

Our site and all Content associated with it are provided AS IS. We grant you a limited license to use our site and the Content, subject to the following restrictions: (a) your use of the site and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without our prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in our Content is conveyed to you. The foregoing is a limited license, not a transfer of title to our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.

You agree that you will not (a) sell access to our site or the Content on another website (b) use our site or the Content for the primary purpose of gaining advertising or subscription revenue; (c) sell advertising targeted to the Content; or (d) use our site in any way that we find, in our sole discretion, to be objectionable in any way;

Prohibited Uses

You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying our site and/or our related services and products.

You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

You agree not to circumvent, disable or otherwise interfere with any security-related features of our site or features that prevent or restrict use or copying of any Content.

You agree not to collect or use any personal information from our website. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use any communication systems provided by our site (such as our forums) for any commercial purposes.

Links to Third Party Sites

Our site may contain links to other websites controlled by third parties. We provide these links merely
as a convenience and we are not responsible for and do not endorse, adopt, agree with, or accept any responsibility over the contents or use of those websites. Access to other websites is at your own risk and we expressly disclaim any responsibility for the content of any third party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, Trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. We are not responsible for third party content accessible through our site, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. We make no representation or warranty as to any third-party products or services. Accordingly, we encourage you to be aware when you leave our site and to read the terms and conditions and privacy policy of each other website that you visit.

Electronic Communications

You consent to receive communications from us electronically. We may communicate with you by email, or by posting a notice on our website. You agree that our electronic communications to you will satisfy any legal requirement that such communications be in writing.

Any feedback or comments you provide with respect to our site will be treated as non-confidential and we are free to use such information on an unrestricted basis.

Privacy

Our privacy policy describes what information we collect about you during your visit to our site and what we do with that information. You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or comments regarding this Privacy Policy, just ask.

Compliance with Laws

You agree that, in your use of our site, you will comply with all applicable laws.

Disclaimer

We make good faith efforts to ensure the accuracy of the information presented on our site. However, we assume no responsibility for the accuracy of the information contained in our site. Product information is subject to change without notice and in our sole discretion. We may make changes to our site at any time without notice. Mention of third party products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OUR SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE

DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.

Limitation of Liability

IN NO EVENT SHALL MOCNATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE OUR SITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH OUR SITE.

YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT ANY DESIGN OR OTHER MATERIALS SUBMITTED TO OUR SITE VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

Indemnity

You agree to defend, indemnify, and hold harmless MOCNation, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and litigation expenses) arising from: (i) your use of and access to our site; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that your designs or other materials submitted to us caused damage to us or a third party. This defense and indemnification obligation will survive these Terms and your use of our site.

Limitations on Actions

You agree that any cause of action arising out of or relating in any way to our site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Governing Law and Jurisdiction

MOCNation is located in Orange County California. As a result, you agree that all matters relating to your access to, or use of, our site shall be governed by the laws of the State of California, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be solely and exclusively instituted in a state or federal court located in Orange County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. We make no representations that the information on this website is appropriate for use in other locations outside of the United States. If you choose to access this website from other locations, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Reported Violations

If you contact us concerning what you believe to be a violation of these Terms by any third party or by us, including objectionable or offensive Content, IP violations, or inappropriate forum posting, you understand that we may investigate the matter in our sole discretion and may take such action as we determine to be appropriate, if any.

Termination or Cancellation

We reserve the right to discontinue any aspect of our site at any time. You agree that we may cancel any order you place on our site at any time and for any reason or no reason. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to our site, and/or your account, or suspend or block your access to the site. You will be liable for any breaches of these Terms and/or obligations.

Entire Agreement

The Terms constitute the entire agreement between you and us regarding the use of the site and submission of materials and designs, superseding any prior agreements between you and us relating to your use of the website or submission of designs or materials. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.