TERMS OF USE

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

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

INTRODUCTION

These Terms of Use (“Terms”) govern your relationship with JoeZoo and use of our website (collectively the “WebSite”) found at http://GetJoeZoo.com and our JoeZoo Express and JoeZoo App web applications, their updates and technical support (the “Web Apps”) operated by JoeZoo (“us”, “we”, or “our”) (“JoeZoo Tools”).

Please read these Terms of Use carefully before using the JoeZoo Tools.

CONSENT

Access and use of the JoeZoo Web Apps and WebSite is based on acceptance of and compliance with these Terms which apply to all visitors to the WebSite and users of the Web Apps.

By accessing the JoeZoo Web Apps and WebSite, you agree on your behalf and on behalf of any child on which you have parental authority to be bound by these Terms and accept all legal consequences thereof. If you do not agree to these Terms or our Privacy Policy [https://GetJoeZoo.com/privacy.html], please do not use the JoeZoo Web Apps and WebSite. The JoeZoo Web Apps and WebSite are subject to the following terms and conditions which set forth the legally binding terms for your use thereof.

We reserve the right to modify or otherwise update this Agreement at any time by posting the modified version on our Website and revising the effective date. Such changes will automatically be effective upon posting on our Website, and you agree on your own behalf and that of any child of yours using the Web Apps or WebSite to be bound by such modifications, updates and revisions if you or any child of yours continue to use our WebSite and JoeZoo Web Apps. You should visit this page from time to time to review the current terms.

Users of the JoeZoo Web Apps and WebSite will be asked to disclose certain personal information. To obtain information about our privacy practices, please see our Privacy Policy [https://GetJoeZoo.com/privacy.html] which is incorporated by reference. You should visit this page from time to time to review the current terms.

REGISTRATION

Only adult users who install the JoeZoo Web Apps will be asked to disclose certain personal information about themselves, including name, school, country and state/province/territory and Google email address.

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 Web Apps and WebSite.

When managing their Google Account in order to log into JoeZoo Web Apps, users will not disclose their password to any third party.

INTELLECTUAL PROPERTY

Copyright

All content provided via the JoeZoo WebSite or Web Apps, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content thereof is our exclusive property and is protected by copyright laws. Except as stated herein or authorized in writing by us, no material from the JoeZoo Web Apps or WebSite 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 Web Apps or WebSite are Trademarks used under license. Nothing in the JoeZoo WebSite or Web Apps 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 WebSite and Web Apps 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.

USE OF WEBSITE AND WEB APPS

The JoeZoo WebSite and Web Apps or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse to give access to the JoeZoo WebSite and Web Apps at our discretion if we believe that your conduct violates applicable law or is harmful to our interests.

USER CONDUCT

On behalf of yourself and any child on which you have parental authority that uses the JoeZoo WebSite and Web Apps, you represent, warrant and agree that all content of any kind that is uploaded through your or any of your child’s account or that is otherwise available by you or any child of yours through the JoeZoo WebSite and Web Apps will not violate or infringe upon the rights of any third party, including any copyright, trademark, privacy, publicity or other intellectual property, personal or proprietary right.

You agree on your behalf and on behalf of any child of yours not to upload or otherwise make available through the JoeZoo WebSite and Web Apps 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 of yours, 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 authorization by JoeZoo;
    intimidate or harass another individual;
  • conduct any activities that could damage, disable, overburden or impair JoeZoo Web Apps or our WebSite ; or
  • use JoeZoo Web Apps and WebSite in a way that is not in compliance with any applicable law or regulation.

USER CONTENT LICENSE

You understand and agree that you are solely responsible for all content which you, or any child of yours, may upload or otherwise make available (collectively, your “User Content”). You hereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize JoeZoo to use all copyright, trademark, trade secret and other intellectual property rights in and to any 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 content through the JoeZoo Web Apps or WebSite that you did not create or that you do not have permission to upload or otherwise make available.

You may remove any of your User Content from the JoeZoo Tools at any time. If you remove your User Content, the license granted by you to JoeZoo above will immediately terminate. 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. Notwithstanding the foregoing, you grant JoeZoo a perpetual, royalty-free, non-exclusive license to host, copy, transmit, display, and use your User Content and any intellectual property rights or other proprietary rights associated with your User Content in the collection, arrangement and assembly of the content via the JoeZoo WebSite and Web Apps in accordance with Section D herein and our privacy policy.

You understand and agree, on your own behalf and that of any child of yours, 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 Web Apps and WebSite 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 which might be offensive or illegal, or that might harm or violate the rights or threaten the safety of users or others.

LICENSE GRANT

With respect to any software that is distributed or provided to you for use on your premises or devices, JoeZoo hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such software during the Term only in connection with the JoeZoo Web Apps, Website and Tools.

LINKS TO OTHER WEBSITES

The JoeZoo Web Apps and WebSite 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 JoeZoo Tools.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION

We may terminate or suspend access to our JoeZoo WebSite and Web Apps immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you or any child of yours breaches these Terms or makes inappropriate the use of the JoeZoo WebSite and Web Apps.

All provisions of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination of this Agreement, your right to use the JoeZoo WebSite and Web Apps will immediately cease. If you wish to terminate your account, you may simply uninstall the JoeZoo Express add-on within your Google Docs app.

LIMITATION OF LIABILITY

IN ALL PROVINCES EXCEPT NOVA SCOTIA, THE CONSUMER PROTECTION LEGISLATION RESTRICTS LIMITATION OF LIABILITY CLAUSES AND RENDERS THEM VOID. IN NOVA SCOTIA ANY CLAUSE THAT PURPORTS TO LIMIT OR WAIVE ANY LIABILITY OF A SELLER IS VOID.

JoeZoo, its directors, employees, partners, agents, 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 the JoeZoo WebSite and Web Apps; (ii) your (or your child’s) inability to access or use the JoeZoo WebSite and Web Apps; (iii) any conduct or content of any third-party on or related to the JoeZoo WebSite and Web Apps; (iv) any content obtained from or through the JoeZoo WebSite and Web Apps; 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.

DISCLAIMER AND NON WAIVER OF RIGHTS

THE CONSUMER PROTECTION LEGISLATION OF ALL PROVINCES RESTRICTS DISCLAIMERS OF STATUTORY WARRANTIES AND VOIDS ANY CLAUSE THAT PURPORTS TO WAIVE RIGHTS (INCLUDING STATUTORY WARRANTIES OR REMEDIES)

JoeZoo Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the JoeZoo WebSite and Web Apps at your sole risk. The JoeZoo WebSite and Web Apps are provided on an “AS IS” and “AS AVAILABLE” basis. The JoeZoo WebSite and Web Apps are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

JoeZoo, its subsidiaries, affiliates, and its licensors do not warrant that (a) the JoeZoo WebSite and Web Apps will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the JoeZoo WebSite and Web Apps are free of viruses or other harmful components; or (d) the results of using the JoeZoo WebSite and Web Apps will meet your requirements.

If you breach any of these Terms and JoeZoo chooses not to immediately act, or chooses not to act at all, JoeZoo will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. JoeZoo does not waive any of its rights. 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.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

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 WebSite and Web Apps, or endorse any opinions expressed in such content. You acknowledge that any reliance on material in content available on the JoeZoo WebSite and Web Apps will be at your own risk.

FEES AND PAYMENTS

You are authorized to access and use the JoeZoo WebSite and Web Apps  during the term by paying the applicable subscription fee, charges and related taxes. Your credit card will be billed at the beginning of the subscription period.  You agree that JoeZoo, or its third party providers, who store your payment card information are authorized to charge your payment card the fees, charges, and taxes and that if the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize JoeZoo to continue billing you and 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.

Though JoeZoo would much rather you stay, you can stop using the JoeZoo WebSite and Web Apps at any time. Upon receipt of notice of termination, all access to the JoeZoo WebSite and Web Apps shall be disabled and these Terms shall no longer be effective at the end of the prepaid subscription period. We reserve the right to suspend or terminate access to the JoeZoo WebSite and Web Apps at any time, without penalty, with or without cause, and with or without notice. Termination for cause includes suspending or terminating your use if you are not complying with these Terms, or using the JoeZoo WebSite and Web Apps in any way that would cause JoeZoo legal liability or disrupting others’ use of the JoeZoo WebSite and Web Apps. If you or JoeZoo suspends or terminates your use, the termination will take effect immediately and you will not be provided with any refund in respect of prepaid fees. JoeZoo will try to have the effective time of termination be at the end of the relevant subscription period and will help you retrieve data within fifteen (15) days of the suspension or termination. Upon termination of these Terms or suspension of your access to the JoeZoo WebSite and Web Apps, subject to the fifteen (15) day period to retrieve your data, you agree to cease accessing and using the JoeZoo WebSite and Web Apps.

EXCLUSIONS

As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

INDEMNIFICATION

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: (a) legal and accounting fees resulting from your (or your child’s) use of the JoeZoo Tools; (b) your (or your child’s) breach of any of these Terms; (c) anything you (or your child) posts on or uploads to the JoeZoo WebSite and Web Apps; and (d) any activity related to your (or your child’s) account. This includes any negligent or illegal conduct by you (or your child), any person or entity accessing the JoeZoo WebSite or Web Apps using your (or your child’s) account whether such access is obtained via fraudulent or illegal means.

GOVERNING LAW

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

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 WebSite or Web Apps.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our JoeZoo WebSite or Web Apps after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the JoeZoo Web Apps and WebSite.

CONTACT US

If you have any questions about these Terms, please contact us by email.