Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMSs, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “Joojoo”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to determine who can see your Content). You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Joojoo and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Joojoo’s Services may change from time to time without prior notice to you. In addition, Joojoo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy

Any information you provide to Joojoo is subject to our Privacy Policy, which governs the collection and use of your information. You understand that through your use of the Services you consent to the collection and use, as set forth in the Privacy Policy, of this information, including the digital transfer of this information for processing and use by Joojoo. In the course of providing you our Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Joojoo account, which you may not be able to opt-out from receiving.

You can opt-out of most email communications from Joojoo. Please see Notifications in Account Settings for more information.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) to protect your account. Joojoo is not liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use of Content or materials posted via the Services or obtained by you through the Services is at your own risk.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Joojoo is not liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into marketable material and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. Finally, you irrevocably waive, and cause to be waived any claims and assertions of moral rights or attribution with respect to Your Content against Joojoo and its users. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content. You are not entitled to any compensation for such marketable material. The manner, mode and extent of such marketable material are subject to change without specific notice to you. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We reserve the right to moderate and remove profiles, listings, endorsements, tags, comments and warnings at our sole discretion and for any reason. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.[W3]

4b. Restrictions

You agree not to, and will not assist, encourage, or enable others to: (i) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Joojoo; (ii) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; (iii) reverse engineer any portion of the Site; (iv) record, process, or mine information about other users; access, retrieve or index any portion of the Site for purposes of constructing, re-constructing or populating a searchable database of business reviews, endorsements or relevant information; (v) Reformat or frame any portion of the Site; (vi) Take any action that imposes, or may impose, according to our sole discretion, an unreasonable or disproportionately large load on Joojoo's technology infrastructure or otherwise make excessive traffic demands of the Site; (vii) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; (ix) Using Site Content to transmit any computer viruses, defects or other items of a destructive nature; Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (x) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; (xi) Disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; (xii) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site, violate our Content Guidelines, for example, by writing a fake or defamatory reviews, warnings or relevant information, trading reviews, recommendations or endorsements with other businesses, or compensating someone or being compensated to write or remove a recommendation or relevant information; (xiii) Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (xiv) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (xv) promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except as an administrator of a Business Account and as expressly permitted by Joojoo; (xvi) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website; (xvii) or Violate any applicable law.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). [W4] You agree that this license includes the right for Joojoo to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Joojoo for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Note: Such additional uses by Joojoo, or other companies, organizations or individuals who partner with Joojoo, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media as is necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, you may be subject to liability. Joojoo will not be responsible or liable for any use of your Content by Joojoo in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License To Use the Services

Joojoo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Joojoo as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Joojoo, in the manner permitted by these Terms. You may not access (or assist in the access of another) for the use, redistribution, reproduction, copying, saving, archiving, processing, adaptation, translation, modification, broadcast or display of any content derived from Joojoo for any commercial, educational or other non-personal use, without exclusive written permission from Joojoo.

7. Joojoo Intellectual Property Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Joojoo and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. [W7] Nothing in the Terms gives you a right to use the Joojoo name or any of the Joojoo trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Joojoo, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of the Services

Please review the Joojoo Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Joojoo, its users and the public.

Note: Joojoo does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Except as permitted through the Services, these Terms, or other terms provided by Joojoo, you have to use the Joojoo Application Program Interface (API) if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Joojoo’s computer systems, or the technical delivery systems of Joojoo’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Joojoo (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Joojoo (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Joojoo is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

9. Copyright Policy

Joojoo respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Joojoo will also terminate a user’s account if the user is determined to be a repeat infringer. Contact our agent for notice of alleged copyright infringement appearing on the Services at hello@joojoo.com

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY JOOJOO NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.

10. Termination

The Terms will continue to apply until terminated by either you or Joojoo as follows. You may end your legal agreement with Joojoo at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Joojoo when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Joojoo Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect Joojoo’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Joojoo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Joojoo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE JOOJOO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Current services and documentation provided by Joojoo may contain defects and users should acknowledge such possibility. Joojoo is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the service will be corrected. You may enjoy all the benefits the services available to you, however you are advised to not rely on the correct functioning or performance of the software and/or accompanying materials.

The Joojoo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Joojoo Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Joojoo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Joojoo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

THE USER OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES GENERALLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOOJOO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LOCATION-BASED SERVICES ARE INTENDED ONLY FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MOBILE APPLICATION OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE JOOJOO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID JOOJOO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE JOOJOO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms

A. Waiver and Severability

The failure of Joojoo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

You are responsible for compliance with applicable laws, regulations and ordinances related to Your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which You access the Services. These Terms and any action related thereto will be governed by the laws of the State of Missouri without regard to or application of its conflict of law provisions or your state or country of residence, and the copyright laws of the United States. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in St. Louis County, Missouri, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Missouri (excluding choice of law).

C. Entire Agreement

These Terms, the Joojoo Rules and our Privacy Policy are the entire and exclusive agreement between Joojoo and you regarding the Services (excluding any services for which you have a separate agreement with Joojoo that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Joojoo and you regarding the Services. Other than members of the group of companies of which Joojoo, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at joojoo.com/terms. If the revision, in our sole discretion, is material we will notify you via Twitter @heyjoojoo or e-mail message to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Refund Policy

Users may cancel Searchlight or Spotlight subscriptions within 100 days of purchase for a full refund. Charges for claiming a listing or adding a listing location employ third-party service fees and are non-refundable. To request a refund, visit your Account Settings, click the Billing/Services tab and cancel the appropriate service.

JOOJOO™ is protected by copyright and trademark law. No part of the content, design or functionality of the JOOJOO™ Mobile Application, including all software, audiovisual works, videos, tips, photography, step-by-step-guides, animations, audio, sound recordings, graphic icons, logos, still and moving images, or text may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise.

JOOJOO™ MOBILE APPLICATION AND SERVICES END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE

All rights reserved. Design, Content and Technology Copyright © 2017