MightyDojo // Terms of Service
WHO GETS THE RIGHTS TO THE VIDEO?
THE BAND DOES. The band will retain the rights to their song & the music video (crediting the director and MightyDojo for the video) but will give the director and MightyDojo licensing + usage rights for the video for promotional purposes. However, in the spirt of artists helping artists the band will also allow the director to use the song in a future project they may have. But read further:
Please read this Agreement carefully before further using our website or submitting your song. By accessing and using our website or by ordering Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions then you may not access the website. If these terms and conditions are considered an offer by MightyDojo, acceptance is expressly limited to these terms. The Services are only made available to individuals who are at least 18 years old. Please read these terms carefully; and,
- Do not submit your song or artwork, if you disagree to our Terms of Service.
- Contact us with concerns or questions by the website contact form.
By continuing use of this website, and / or submitting song/artwork/work, you hereby agree to the following & accept these terms below:
No Violation of Laws
You agree that you will not, in connection with your use of the Services, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through MightyDojo, mightydojo.com, or our Services, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Services
You may not connect to or use the Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon our website or otherwise attempt to disrupt the Services or any other person’s use of the Service; or (b) attempt to gain unauthorized access to MightyDojo.com or MightyDojo, Accounts registered to other persons, or the computer systems or networks connected to the Services.
MightyDojo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement and relevant policies periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
MightyDojo may also, in the future, offer new services and / or features through the Services — including the release of new tools, resources or features. New features or new services shall be subject to the terms and conditions of this Agreement.
This Agreement does not transfer from MightyDojo to you any MightyDojo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MightyDojo. Our trademarks, websites, the MightyDojo logo, and all other trademarks, service marks, graphics and logos used in connection with this website, or the Services, are copyright, trademarks or registered trademarks of MightyDojo or MightyDojo’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right, nor license, to reproduce or otherwise use any MightyDojo or third-party trademarks except as explicitly permissioned in writing, and / or as defined in this Agreement.
MightyDojo may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, simply discontinue using the Services and stop using this website. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Services are provided “as is”. MightyDojo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and similar warranties. Neither MightyDojo nor its suppliers and licensors, makes any warranty that the Services or the Website (mightydojo.com) will be error free or that access thereto will be continuous or uninterrupted. You hereby understand that you download from, or otherwise obtain content or services through, the Services and MightyDojo.com at your own discretion and risk.
Limitation of Liability
In no event will MightyDojo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental and / or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for any interruption of use or loss or corruption of data. MightyDojo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless MightyDojo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or the website (mightydojo.com), including but not limited to your violation of this Agreement and / or any MightyDojo sales, ethics or similar policies.
This Agreement constitutes the entire agreement between MightyDojo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MightyDojo, or by the posting by MightyDojo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California.
If any part of this Agreement (and / or our policies) is held invalid or unenforceable, that part of will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. MightyDojo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
MightyDojo and its employees do not accept or consider unsolicited ideas, including suggestions, proposals, original artwork, or ideas for new products, new promotions, new advertising campaigns, new or improved products and / or services, or feature enhancements, processes, materials, new product names, marketing plans or any other idea (collectively referred to as “Submissions”) in any form.
This policy is to avoid potential misunderstandings or disputes when MightyDojo products, services, features, or marketing strategies might seem similar, or possibly even identical to, ideas submitted to MightyDojo. If you submit ideas, despite our request that you do not send us any ideas, the following terms shall apply to your Submissions regardless of what your letter says.
- Terms of Idea Submissions
You agree, MightyDojo has no obligation to keep Submissions confidential; and, MightyDojo shall have no obligation to review or provide a response to the Submission; and, MightyDojo may redistribute the Submission, in whole or in part, including its contents, for any purpose, in any way; additionally, your Submission and contents therein will automatically become the property of MightyDojo, without any compensation (or acknowledgement) to you.
- Regarding Feedback
MightyDojo does welcome feedback regarding existing products, services, marketing strategies, and current business operations. If you would like to send us your feedback, please use our Contact Form. Only provide specific feedback about existing areas of business; do not include ideas that would violate our Unsolicited Ideas Policy — as we will be unable to accept or consider them.
Any feedback you provide shall be deemed non-confidential. MightyDojo shall have no obligations concerning the feedback, contractual or otherwise, and shall not be liable for any use or disclosure of any feedback provided. MightyDojo shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without any compensation to you.
Trademark & Brand Usage
For MightyDojo licensees, authorized resellers, developers, customers, and any other party wishing to use MightyDojo’s service marks, trademarks or images in promotional, advertising, instruction, reference materials, or on their own website, products, packaging, or labels.
If you are a licensee and you have been provided special brand usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide brand usage guidelines, use these guidelines.
This policy is designed to help you use our brand and assets, including our logo and trademarks, without having to negotiate a separate agreement with MightyDojo. If you would like to use our logo, service marks, or trademarks in a format or way that is not covered by this section, you absolutely must contact us with the intended use and any accompanying visuals for written permission to use our registered trademarks.
By following these brand guidelines, you help us protect our valuable intellectual property rights and our brand. By using a MightyDojo service mark, trademark, trade names, or trade dress, in whole or in part, you are acknowledging that MightyDojo is the sole owner of the trademark and you promise not to interfere with our rights in dealing with the trademark, including but not limited to MightyDojo’s use, registration of, or application to register such trademark, alone or accompanied by other words, anywhere in the world. Further, by using a MightyDojo trademark, you agree that you will not misuse or cause harm to any MightyDojo trademark.
- Using the MightyDojo Logo
We do not allow the use of our image logo, except as permitted under fair use doctrine. If you are writing a news article or a part of a news publication and / or looking for a high-res logo, please Contact Us with your topic and talking points.
- Merchandise and manufactured items
We do not permit the use of our service marks, name or logo on merchandise.
- Naming applications, products and domains
Do not use “MightyDojo” in your domain names, software or applications, or products / services in any way whatsoever without the prior written consent of MightyDojo. Especially, avoid using “MightyDojo” or similar verbiage in relation to video production, videography, video editing or any software, service or product, or website that primarily deals with photography and videography.
- Visual Designs
Do not copy our visuals, aesthetics, designs, website, or software applications as this could create confusion for our customers, website users, and app users.
You may not use MightyDojo marks in a disparaging manner.
- Endorsement or Sponsorship
You may not use MightyDojo, or any other MightyDojo mark, in a manner that would imply affiliation with MightyDojo, or an endorsement by MightyDojo, unless you have received explicit written authorization from us.
- Variations, Takeoffs or Abbreviations
You may not use variations of the MightyDojo name for any purpose, including the phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a trademark for any purpose; for example, “MightyDojo Product Name” or any other variation that may include MightyDojo in prefix, suffix, or as a word part.
MightyDojo service marks, trademarks, trade names, and trade dress are valuable intellectual property assets. We take the misuse, abuse, and harm of our trademarks seriously. If you have questions or concerns about MightyDojo’s legal terms, policies, copyright information, trademark information, or other legal topics, please contact us.
The following terms are incorporated by reference, and below.
- Website Use
Describes how our website may be used. Do not use this website, or order services, if you do not agree to the Website Use Terms described in this policy.
Describes how we collect and use information you send to us by visiting our website or by ordering service. Do not use our website and do not order our services if you do not agree to our Privacy Practices described in this policy.
- Videography Terms
Describes how our video production services may be used. Do not purchase our videography services if you do not agree to these Videography Terms.
- Service Policies
Describes our Code of Ethics, Safety Policy, Sales Policy and Storage Policy. Do not purchase our services if you do not agree to our policies as described.