TERMS OF USE

Here are some important things you should read before you use JoeZoo.

These are the terms (the “Terms”) that govern your relationship to and use of JoeZoo Inc. (“JoeZoo”)

A.  INTRODUCTION

These Terms of Use (“Terms”) govern your relationship with JoeZoo and use of our website (collectively the “WebSite”), and our JoeZoo Express and JoeZoo App software applications and on Google Suite, Google Drive, Google Documents, and in accessing our products on the Google Marketplace (the “Google Products”), any updates to our products, and any technical support, and also in your use of the Social Media Sites (as listed in Section 7 of the Privacy Policy) (individually and collectively, the “JoeZoo Product, “us”, “we”, or “our”).

 

Please read these Terms carefully before using the JoeZoo Product.

 

Users of the JoeZoo Product will be asked to disclose certain personal information. To obtain information about our privacy practices, please see our Privacy Policy which is incorporated by reference. You should visit this page from time to time to review the current terms.

B.  CONSENT

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:

 

  • If you are a parent or guardian of a student:
    • you have provided permission for the student to use the JoeZoo Product, and you agree to be bound by these Terms as well as the Privacy Policy and accept all legal consequences thereof. If you do not agree to these Terms or our Privacy Policy, please do not permit the student for whom you have given permission to initially use, or continue to use, the JoeZoo Product;
    • You further consent to use the Google Products as an intermediary to access the JoeZoo Product (hereinafter defined as the Google Products Intermediary), and you agree to abide by all the terms required within the Google Products end user licensing agreements, so long as such agreement does not conflict with the terms herein, and furthermore you acknowledge that the JoeZoo integration with Google Products is as a third party developer and that JoeZoo’s response time to User requests relating to the Google Products are subject to the response time of the Google Products;
    • You further consent to use the Social Media Sites should you decide to access those sites in your discovery of the JoeZoo Product, and you agree to abide by all the terms in the Social Media Sites’ end user licensing agreements, or any other applicable Social Media Sites’ agreement, so long as such agreement does not conflict with the terms herein; and
  • If you are a student, your school has provided your parent or guardian an opportunity to consider whether to provide permission for your use of the JoeZoo Product, and you confirm that your parent or guardian has consented to your use through a confirmation to the school;
  • If you are a teacher, you have obtained written consent from parents and your school or school district, prior to the use of the JoeZoo Product by students in your class, and you further agree that you have read the Terms of this Agreement and acknowledge that the administration of the JoeZoo Product including termination of user accounts (including all rights to access, edit and delete student data) is administered centrally by each school or school district;

 

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.

C.  AMENDMENT

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:

 

  • an e-mail to your classroom teacher requesting that they in turn notify the students in their classrooms as well as their parents or guardians;
  • an e-mail to you directly if the change in terms requires a direct notification by law; and/or
  • a notice directly on the login page of our JoeZoo Product.

 

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.

D.  REGISTRATION

All users who install the JoeZoo Product will be asked to disclose certain personal information about themselves. This includes asking each user to identify their name, numerical age, school they attend, country and state/province/territory and Google email address. No valid student registration can take place without parental consent and all such information is protected pursuant to the Privacy Policy.

 

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 our JoeZoo Product.

E.  FEES AND PAYMENTS

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 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.

F.  INTELLECTUAL PROPERTY

  • Intellectual property in our content

 

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.

 

  • Trademarks

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.

  • User Content

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.

 

License to User Content:  Notwithstanding the foregoing, you grant JoeZoo a perpetual, royalty-free, non-exclusive license to host, copy, transmit, display, create derivative works from and use your User Content, and furthermore, you waive any moral rights, intellectual property rights or other proprietary rights associated with your User Content in the collection, arrangement and assembly of the content via the JoeZoo Product in accordance with the section titled ‘Intellectual Property’ herein and our privacy policy.

 

Removal of User Content:  You may remove any of your User Content from the JoeZoo Product at any time by terminating these Terms in accordance with the termination provisions set out herein, and in accordance with the removal of User Content provisions set out in the Data Management section of the Privacy Policy:  You understand and agree, on your own behalf and that of any child for which you have parental authority, that JoeZoo may, but is not obligated to, review your User Content from time to time, and may delete or remove (without notice) from the JoeZoo Product, any of your User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of JoeZoo violates these Terms or has resulted in a Prohibited Use of our JoeZoo Product.

G.  LICENSE GRANT

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.

H.   PROHIBITED USES OF THE JOEZOO PRODUCT

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 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 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 of yours not to upload or otherwise make available through the JoeZoo Product any of the following:

 

  • any content that is not your (or your child’s) original work, unless you have permission from the rightful owner to post such content and to grant JoeZoo all of the licensed rights granted herein;
  • any private information of any third party;
  • any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, or any other form of solicitation; or
  • any software viruses or other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

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:

 

  • impersonate any person or entity in your account, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity in your account;
  • use or attempt to use another user’s account without explicit authorization by that account’s user;
  • intimidate or harass another individual;
  • conduct any activities that could damage, disable, overburden or impair the JoeZoo Product; or
  • use the JoeZoo Product in a way that is not in compliance with any applicable law or regulation.

 

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.

I.  LINKS TO OTHER WEBSITES

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.

J.  TERMINATION

Though JoeZoo would much rather you stay, you can stop using the JoeZoo Product at any time.

  • Removal of the Add-on: To remove the JoeZoo Express Add-on software from their Google Products, users can uninstall from the Addon tab at the top of their Google Docs.
  • Terminating of a user account if you are a Student: We want to ensure that User Content is not deleted inadvertently, as recreating that content would make it difficult to provide student assessments.  Therefore students, parents or guardians must contact the Authorized School Personnel in order to initiate a termination (see next paragraph).
  • Terminating of a user account if you are not a Student: To terminate a student account on behalf of a user, authorized classroom administrators, and teachers (individually and collectively, “Authorized Students and School Personnel”) must contact an officer of their school/district (the “Authorized Data Administrator”) and ask them to send a written request to terminate the student account and JoeZoo will process that request within 45 days of receipt of the request is provided by Authorized Student and School Personnel, within 30 days of receipt if the request is provided by an Authorized Data Administrator, or some lesser period if faster processing is required under Applicable Law.
  • Terminating of a user account by us: We may terminate or suspend your access to our JoeZoo Product  immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you or any child for which you have provided parental authority, or who is a student in your classroom or school system, breaches these Terms in any way, which includes a breach that is a Prohibited Use as defined within these Terms.

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;

 

  • Your license to use the JoeZoo Product will immediately terminate. JoeZoo reserves the right to delete any and all of your User Content promptly following termination of your license, within thirty (30) days following the date of termination the minimum period required by Applicable Law (the “Post-Termination Data Retention Period”);
  • JoeZoo will make reasonable commercial efforts in compliance with Applicable Law to allow you to retrieve your data during the Post-Termination Data Retention Period; and
  • For premium users, as our onboarding costs are front-loaded, there is no refund for early termination; and
  • Upon termination of these Terms or suspension of your access to the JoeZoo Product, and subject to the thirty (30) day period to retrieve your data, you agree to cease accessing and using the JoeZoo Product.

K.  LIMITATION OF LIABILITY

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.

L.  DISCLAIMER AND NON WAIVER OF RIGHTS

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.

M.  INDEMNIFICATION

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.

N.  NO ENDORSEMENT

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.

O.  GOVERNING LAW

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.

P.  CONTACT US

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 445, Toronto, Ontario, Canada, M5T 2C2.