These are the terms (the “Terms”) that govern your relationship to and use of JoeZoo Inc. (“JoeZoo”)
Please read these Terms carefully before using the JoeZoo Product.
Access and use of the JoeZoo Product is based on acceptance of and compliance with these Terms which apply to all visitors and users of the JoeZoo Product.
By accessing the JoeZoo Product, you agree that:
You may withdraw your user consent from JoeZoo at any time by terminating agreement in accordance with the termination provisions set out below. If you withdraw your user consent, the license granted by you to JoeZoo in these Terms will immediately terminate.
We reserve the right to modify or otherwise update these Terms at any time without notice for non-material amendments. In the event of a material change during the term of these Terms, we will provide the user with thirty (30) days’ notice (or the minimum notice period as required under Applicable Law, whichever is greater) of any such change (including changes in pricing) by updating our Terms and revising the date last updated, or if the degree of change requires a greater level of disclosure, we will determine the appropriate communication while also adhering to our commitment to avoid over-communications to you (such additional disclosure may be in the form of:
You agree on your own behalf and that of any child of yours using the JoeZoo Product to be bound by such modifications, updates and revisions if you or any child of yours continue to use our JoeZoo Product after such notice period. You should visit this page from time to time to review the current terms.
You agree to provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your JoeZoo account and use of the JoeZoo Product.
Depending on whether you are signing up as a student, parent, or educator, you may be registered under a free or paid subscription. The Fees for use of the JoeZoo Product, as amended from time to time, are set out here.
You are authorized to access and use the JoeZoo Product during the term by registering and consenting to use our required under these Terms, or if you are a premium tier member, by paying the applicable subscription fee, charges and related taxes. For premium tier members, you will be billed at the beginning of the subscription period. You agree that JoeZoo, or its third-party payment providers, are authorized to charge your account for the applicable fees, charges, and taxes. You agree to remain responsible for any uncollected fees, charges, and taxes. All payments made by you to JoeZoo shall be made in United States dollars. You agree we may change the amount of the subscription fee and charges from time to time.
Subject to paragraph (c), all content provided by the JoeZoo Product, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content thereof for the purpose of data analytics and proprietary improvements is the exclusive property of JoeZoo, and intellectual property rights in our content including copyright protection are hereby reserved. Except as stated herein or authorized in writing by us, no material from the JoeZoo Product may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material is strictly prohibited.
The trademarks, service marks, trade dress and logos (“Trademarks”) used and displayed on any of the JoeZoo Product are the property of JoeZoo. Nothing in the JoeZoo Product should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed therein and no such right is granted by any use thereof. The Trademarks in the JoeZoo Product may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
The unique content created or uploaded by the user to the JoeZoo Product (“User Content”) remains the property of that user, and is licensed to JoeZoo as described in this section. JoeZoo does not assert any ownership over your User Content; rather, as between JoeZoo and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
JoeZoo hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revokable license to use the JoeZoo Product and to access the Social Media Sites during the term of these Terms.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
The JoeZoo Product, content residing therein or any portion thereof may not be reverse-engineered, reproduced, modified, duplicated, copied, sold, resold or otherwise exploited for any commercial or non-commercial purpose that is not expressly permitted by us. We reserve the right to initiate legal action and to refuse to give access to the JoeZoo Product at our discretion if we believe that your conduct violates applicable law or is harmful to our interests.
You understand and agree that you are solely responsible for all User Content which you, or any child or student of yours, may upload or otherwise make available. You hereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions including all copyright, trademark, and other intellectual property rights in and all of your User Content to enable inclusion and use of such User Content in the manner contemplated by JoeZoo and these Terms. Neither you nor any child or student of yours may upload or otherwise make available any User Content through the JoeZoo Product or Social Media Sites that you did not create or that you do not have permission to upload or otherwise make available.
You agree on your behalf and on behalf of any child or student of yours not to upload or otherwise make available through the JoeZoo Product any of the following:
You also agree, on your own behalf and on behalf of any child for which you have parental authority, not to do any of the following:
Any breach of this section of these Terms, individually or collectively, is a “Prohibited Use”.
If you breach any of the terms of these Terms, whether such breach is a Prohibited Use or otherwise, JoeZoo will be entitled to all rights and remedies either immediately or at any later date.
The JoeZoo Product may contain links to third-party websites that are not owned or controlled by us.
JoeZoo has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that JoeZoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through the JoeZoo Product.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Though JoeZoo would much rather you stay, you can stop using the JoeZoo Product at any time.
All provisions of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination of these Terms;
JoeZoo, its directors, employees, partners, agents, contractors, sub-contractors, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to, or use of, or inability to access the JoeZoo Product; (ii) the access of any student for whom you have provided parental consent to use the JoeZoo Product, your access to, or use of, or inability to access the JoeZoo Product; (iii) any conduct or content of any third-party on or related to the JoeZoo Product; (iv) any content obtained from or through the JoeZoo Product; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
JoeZoo makes no guarantees, representations or warranties of any kind as regards the JoeZoo Product and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the JoeZoo Product at your sole risk. The JoeZoo Product is provided on an “AS IS” and “AS AVAILABLE” basis. The JoeZoo Product is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, performance, and non-infringement, except as required under the Applicable Law, which in such cases, shall only modify this clause to the extent necessary to ensure this clause is compliant with Applicable Law.
JoeZoo, does not warrant that (a) the JoeZoo Product will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the JoeZoo Product is free of viruses or other harmful components; or (d) the results of using the JoeZoo Product will meet your requirements.
JoeZoo shall not be responsible for any purported breach of these terms caused by circumstances beyond its control. A person who is not a party to these terms shall have no rights of enforcement.
Either a user of our JoeZoo Product, or as a parent or guardian who has provided consent to the use by a student of our JoeZoo Product, you agree to indemnify, defend and hold harmless JoeZoo, its principals, officers, directors, shareholders, investors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands resulting without limitation from any “Prohibited Use” as defined above.
This includes any negligent or illegal conduct by you (or any child on which you have parental authority), any person or entity accessing the JoeZoo Product using your (or your child’s) account whether such access is obtained via fraudulent or illegal means.
JoeZoo does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content uploaded or otherwise made available through the JoeZoo Product, or endorse any opinions expressed in such content. You acknowledge that any reliance on material in content available on the JoeZoo Product will be at your own risk.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario, and the Federal laws of Canada, as applicable therein (the “Applicable Law”).
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and supersede and replace any prior agreements, oral or otherwise, regarding the JoeZoo Product.
If you have any questions about these Terms, please submit a support request via our Help Centre or at the following address: JoeZoo Inc., 192 Spadina Avenue, Suite 316, Toronto, Ontario, Canada, M5T 2C2.