1. General and Acceptance
In order to participate in certain Joosee Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Joosee.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof. Joosee.com may modify this Agreement from time to time and such modification shall be effective upon posting by Joosee.com on the Website. You agree to be bound to any changes to this Agreement when you use the Joosee Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of and Membership in the Joosee Services is void where prohibited. By using the Joosee Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Joosee Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Paid/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, Joosee shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Joosee may charge fees for such Services. The Services are provided by Joosee AS IS and Joosee assumes no responsibility for any failure in providing the Services to the Users.
Joosee may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Joosee may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Joosee may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Joosee product or image or webpage including such which have been created by users unless stated otherwise.
The Paid/Upgraded Services provided by Joosee (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Joosee.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The Joosee Website
6. Website Access
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Joosee immediately of any breach of security or unauthorized use of your account. Although Joosee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Joosee or others due to such unauthorized use.
7. Third Party Content
A. Linked Third Party Content: Joosee enables you to link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by Joosee, but this is separate from the Linked Content, and the existence of your creation in Joosee does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
B. Third Party Content: Joosee may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that Joosee shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Joosee Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Joosee Website ("Your Joosee Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your Joosee Content within no later than 24 hours from the time on which Joosee provided you the relevant notice, JOOSEE SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR JOOSEE CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO JOOSEE, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO JOOSEE.
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Joosee requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Joosee; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
Joosee enables you to share your creations and/or User Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that Joosee shall not have any responsibility or liability with regard to any third party services used by you on or through your Joosee formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Joosee
10. Payment Terms
Upon you sign up Joosee paid service plan, you agree to pay for non-refundable monthly or annual subscription fee and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to You by or on behalf of Joosee in the following month. Joosee will debit all fees payable by You to Joosee directly from the credit card, PayPal or Google Checkout account designated by You. Your subscription to Joosee monthly and annual plan will be automatically renewed at the end of each billing cycle. Subscription fee will be automatically charged from the payment account designated by you. Without limiting Joosee's other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. If we suspend a portion of your Service due to a violation by You of any laws, regulations, or policies, You will remain responsible for the payment of all applicable fees.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Joosee does not provide refunds.
11. Ownership of Content
Joosee does not have the ability to determine the actual owner of content created and/or uploaded to the Website.
(i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which Joosee has not been paid for), the owner of such content shall be considered as the Joosee User listed as the owner of the Joosee account under which the content has been created or uploaded to the Website;
(ii) in respect to websites created on Joosee's Website and which have an external URL (i.e. a domain name used for your Joosee Website), Joosee shall consider the owner of such website as the person or entity registered as the owner of the domain. To remove any doubt, the identity of the person or entity that has paid Joosee for the Charged Services shall not be considered by Joosee as creating any ownership or other rights in or in relation to such website;
Joosee shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
The Joosee Charged Services are provided on a prepay basis. Joosee users may decide to discontinue their use of any Charged Services at any time. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process.
13. Intellectual Property Rights
The Content on the Joosee Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Joosee uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Joosee document). Joosee reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Joosee Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Joosee Website or any of the Content therein.
14. User Content
A. The Joosee Website permits the submission and uploading of Content submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Joosee does not guarantee any protection with respect to such User Content.
B. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT JOOSEE, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. JOOSEE DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
C. WHILE JOOSEE IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, JOOSEE RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT JOOSEE DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
D. Joosee does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Joosee website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Joosee Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the Joosee Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the Joosee Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Joosee Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by Joosee).
E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT JOOSEE AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE JOOSEE OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.
Joosee does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Joosee expressly disclaims any and all liability in connection with User Content.
F. COPYRIGHT. JOOSEE DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND JOOSEE WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. Joosee respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA").
G. You understand that when using the Joosee Website, you will be exposed to User Content from a variety of sources, and that Joosee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Joosee with respect thereto (if any), and agree to indemnify and hold Joosee, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
15. Additional Prohibited Uses
In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:
(a) harm minors in any way;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;
(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Joosee in writing of any unauthorized uses of your account or any other breaches of security. Joosee cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You acknowledge and agree that under no circumstances will Joosee be liable, in any way, for any acts or omissions by any Joosee User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
17. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE JOOSEE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JOOSEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JOOSEE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE JOOSEE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE JOOSEE WEBSITE.
B. IN NO EVENT SHALL JOOSEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JOOSEE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT JOOSEE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. JOOSEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JOOSEE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JOOSEE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
E. JOOSEE DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
F. JOOSEE MAKES NO REPRESENTATIONS THAT THE JOOSEE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE JOOSEE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless Joosee, its parent corporation, 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) arising from:
(i) your use of and access to the Joosee Website;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
19. Events Beyond Control
Under no circumstances shall Joosee be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Joosee, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.