These are Terms of Service for Marco Polo Channels available through the Marco Polo® website (the “Site”), Marco Polo mobile application (the “Marco Polo App”), and Marco Polo Channels mobile application (the “Channels App” and, together with the Marco Polo App, the “Apps”), which are owned and operated by Joya Communications Inc. ("Joya," the "Company," "we," or "us"). We are making the Site and Apps (collectively, the "Service") available to you subject to the following terms and conditions of service (the "Terms"). The Terms are a legal contract between you and Joya Communications Inc. regarding your use of the Service (you and others using the Service will be referred to as "Users"). As long as you comply with these Terms, you have the right to download and install a copy of the Apps to your mobile device, and to access and use the Service, for your own personal use. By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms at any time, please do not use the Service.
1. Applicable Terms and Policies
a. Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
b. Privacy Policy. Please read our Privacy Policy carefully for details relating to what information and data we collect from you and other Users, and how we use that information internally and disclose it to third parties. Our Privacy Policy is incorporated into these Terms by reference.
c. Modifications. From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.
d. Users Must Be 13 or Older. As a User of the Service, you affirm that you are 13 years of age or older, as the Service is not intended for, and does not knowingly collect personal information from, children under 13. If you are between 13 and 18 years old, you may use the Service only with the involvement of a parent or guardian. Some Channels groups, however, may be restricted to individuals 18 years or older.
2. Channels Group Leaders and Members
Through the Service, you can become a Channels leader (“Leader”) by creating a group within the Channels App (“Group”) or a Channels member (“Member”). Leaders facilitate learning, provide guidance, and/or a forum for growth on various topics. Account holders can subscribe to become a Member by joining a particular Leader’s Group and paying the Membership fee set by that Leader.
3. Your Account
a. Account Information. In order to use some features of the Service, you will have to create a Channels account (“Account”). When creating an Account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that we may access, preserve, and disclose your Account information and your Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that your Content violates the rights of third parties; (d) respond if you contact us; or (e) protect the rights, property, or personal safety of the Company, Users – including Leaders and Members, – and the public.
b. Phone Number. When you register, you must provide your cell phone number in order to create an Account. Your Account is associated with the cell phone number you provide to us when you register ("Account Phone Number"). If you subsequently change your cell phone number, in order to maintain your Account, you must notify us and provide us your new cell phone number within the Apps before you relinquish or change your Account Phone Number. If you fail to notify us before you relinquish or change your Account Phone Number, your Account will be terminated according to Section 2.e., below.
c. Account Verification. When you register, you will be provided a verification code to your Account Phone Number and asked to input the verification code. You are solely responsible for maintaining the confidentiality of your Account and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur in your Account. If you relinquish or give up your Account Phone Number, the verification will no longer work and you will not be able to access your Account. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or if your Account Phone Number has been given to someone else), you should immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your Account.
d. Prohibitions. When creating an Account, you may not (a) provide any false personal information to us (including a false username) or create any Account for anyone other than yourself without such other person's permission; (b) use a username that is the name of another person with the intent to impersonate that person; (c) use a username that is subject to rights of another person without appropriate authorization; or (d) use a username that is offensive, vulgar, or obscene or otherwise in bad taste. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms.
e. Termination. You may terminate your Account at any time. You agree that we may also terminate your Account or use of the Service at any time in our sole discretion, and you agree that we shall not be liable to you or any third party for any such termination. If you or we terminate your Account, your access to the Service will be terminated and your Content, as defined below, will no longer be accessible through your Account. Although you will not have access to your Content, you agree that the Content that you shared with other Users, including Leaders and/or Members, may persist and appear within the Service or otherwise, including in the Channels Group.
4. Channels Membership
All Leaders must be 18 or older, and we reserve the right to remove any Group where the Leader is not at least 18 years of age. All Members must be 13 or older, and we reserve the right to remove any Group where the Members are not at least 13 years of age. In some Groups, Members may be required to be 18 years or older. In such cases, this requirement will be stated in the description of the Group accessible prior to joining, and we reserve the right to remove any such Group where the Members are not at least 18 years of age.
Through a Group, Leaders provide a service, including a forum to provide unique experiences, content, emotional support, opportunities, and/or connections to Members. Leaders make membership available to Users, and, if you choose, you may subscribe to a group and become a Member.
Where applicable, we facilitate payment of Membership fees and process them through Stripe. We also make the Group available to a subscribing Member.
All Leaders must comply with a Leader Agreement and our Terms of Service and are prohibited from:
- Leading a group that is abusive toward others or promotes or supports intolerance
- Violating the privacy rights or intellectual property rights of others
- Engaging in or inciting illegal activity
- Making false statements, including misrepresenting themselves such as by stating they are someone they are not
- Using, providing, or allowing pornographic material or sexual services
- Providing medical advice
- Providing tax advice
- Gambling or other benefits that involve raffles or prizes based on chance
Leaders are obligated to report to us any inappropriate conduct in their Groups. Each Group is different, and we have limited control over the quality or particular offerings. We are not responsible for the Content or claims made by any Leader or Member or for any injuries or damages you may sustain that result from any offerings through the Service. We attempt to vet Leaders and may screen Groups, but cannot guarantee the identities of Leaders, the validity of the claims they make, or the quality of their offerings. Please report any concerns about Groups or Leaders by emailing channels@marcopolo.me.
We reserve the right to delete Groups or remove a Leader or Member in our sole discretion due to violations of these Terms.
5. Channels Membership
All charges to Members for Channels Membership (“Membership”) in any Group are payable in advance, either directly to Leaders or through Joya.
Payment of Membership fees through Joya occur on a recurring basis (“Billing Cycle”) and you may purchase Membership by going to the Membership page of the Site, choosing the option to Join, and providing your credit or debit card information. This page is hosted by Stripe and the credit or debit card information you provide goes directly to Stripe. We only receive the last four digits of your credit or debit card, your billing zip code, and the fact that you paid for the Membership. At the end of each Billing Cycle, your Membership Offering will automatically renew unless it is cancelled by either you or Joya Communications Inc.
You may cancel your Channels Membership by visiting https://channels.marcopolo.me, logging in with your registered mobile number, tapping Memberships, and then Cancel Membership.
The Leaders of a Group may change the Membership to add new features and/or change the fees associated with the Membership from time to time. If you pay Membership fees through Joya, any change to the Membership fees shall become effective in the Billing Cycle following notice of such change to you and you will be given an opportunity to cancel your Membership before such change becomes effective.
Refunds. Except where required by law, Joya will not refund any incurred subscription charges.
6. Your Content
a. General. These Terms apply to content submitted by you and by other Leaders or Members in Groups ("Content"). You shall be solely responsible for your Content and assume all risks associated with sharing your Content through the Service. Leaders retain ownership of any Content that Leaders provide through the App in the Groups. By submitting Content to the Service, Leaders and Members grant us the right and license to use and distribute your Content, subject to the terms of our Privacy Policy. Members also grant to the Leader the right and license to use and distribute your Content, including comments, that you share in their Group. You retain rights to your Content, subject to these Terms and our Privacy Policy, and are responsible for protecting those rights. When you or we terminate or delete your Account, you will no longer be able to access your Content through the Service or Groups. Further, to the extent you have an active Account, we do not have an obligation to maintain your Content in perpetuity.
b. Content Sharing and Deletion. When you share Content through the Service with other Members and/or Leaders, such shared Content will exist in the Group/s even after your Account has been terminated.
c. Representations and Warranties Regarding Your Content. You represent and warrant that (a) you own your Content or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the sharing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
d. Additional Prohibitions. When submitting Content to or otherwise using the Service, you agree not to (a) submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (b) publish falsehoods or misrepresentations that could damage us, our Users, or any third party; (c) publish any private information of someone, like their address, phone number, email address, and similar information without their permission; (d) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (e) post advertisements; or (f) upload Content that would be harmful to minors in any manner.
e. Our Right to Monitor, Edit and Remove Content. We don't have an obligation to monitor your use of the Service or to review any Content, but we have the right to monitor, remove, edit, and block Content or Accounts for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
7. Our Proprietary Rights
a. Ownership. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title, and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service will be the sole and exclusive property of Joya Communications Inc., and you hereby irrevocably assign to us all of your right, title, and interest in and to the foregoing.
b. Restrictions. You may not (a) copy, modify, or distribute the Service for any purpose; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Service to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Service, or otherwise attempt to discover the source code of the Service; (d) make the functionality of the Service available to multiple users through any means; or (e) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
8. Restrictions
You agree not to (a) interfere with, damage, impair, or disable the Service's operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (d) remove, circumvent, disable, damage, or otherwise interfere with the Service's security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (e) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (f) solicit personal information from minors, or submit or transmit pornography; (g) reformat or frame any portion of the Service; (h) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (i) impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals; (j) solicit a User's password or other account information; or (k) harvest User names, addresses, or email addresses for any purpose.
9. Third Party Websites
The Service may contain links, information, and references to third party products, services, and websites which we do not control or maintain ("Third Party Sites"). Access to and use of any Third Party Sites is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third Party Sites, (b) the acts or omissions of the operators of Third Party Sites (or their partners or affiliates), (c) any loss or damage incurred in connection with the use of any Third Party Site, or (d) any transaction you consummate in connection with your use or access of any Third Party Site. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Third Party Sites, since their terms and policies, not ours, apply to your interactions with them.
10. Text Messaging and Email Communications
By using the Service, you agree that the Company may communicate with you via informational, transactional, or marketing emails and/or text messages, which may be subject to the standard text messaging and/or data charges assessed by your wireless carrier. You have an obligation to notify us if you change your email or cell phone number. You may opt out of receiving text messages from any mobile messaging program by replying to the last message received or to us at channels@marcopolo.me with your mobile number and a request to stop sending messages. Opting out of receiving text messages may impact your ability to use the Service. You may opt out of receiving certain email communications, including marketing emails.
You may have the option to invite friends, family, and other third parties to use the Service. By taking advantage of this option, you acknowledge that the friend, family member, or third party to whom you send an invitation consents to receive the text message invitation, and to any text messaging and/or data charges that may apply.
11. Dispute Resolution
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND JOYA COMMUNICATIONS INC. AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR JOYA COMMUNICATIONS INC.'S SERVICES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. You can opt out of this Section 11 arbitration agreement by emailing to channels@marcopolo.me a written opt-out notice within thirty (30) days of your acceptance of the Agreement by including your name, the e-mail and cell phone number you used for your Account, and a clear statement that you want to opt out of this arbitration agreement.
Arbitration Rules and Governing Law
Notwithstanding your and Joya Communications Inc.'s agreement that California law governs interpretation and application of these Terms generally, you and Joya Communications Inc. further hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.
Unless you and Joya Communications Inc. agree otherwise in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to JAMS Streamlined Arbitration Rules and Procedures (JAMS Streamlined Rules"), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness ("JAMS Consumer Fairness Standards"). The arbitrator must honor the terms and limitations in the agreement and can award damages and relief, including any attorneys' fees authorized by law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JOYA COMMUNICATIONS INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding JAMS Streamlined Rule 8(b), you and Joya Communications Inc. agree that any dispute as to the arbitrability of a claim brought by either you or Joya Communications Inc. shall be resolved by a court of competent jurisdiction. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND JOYA COMMUNICATIONS INC. ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND JOYA COMMUNICATIONS INC. AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
The Arbitrator's Decision
The arbitrator will render an award in accordance with JAMS Streamlined Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Joya Communications Inc. will not seek, and hereby waives all rights Joya Communications Inc. may have under applicable law to recover, attorneys' fees and expenses if Joya Communications Inc. prevails in arbitration, unless you assert a frivolous claim.
The arbitrator's decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court with jurisdiction.
Location & Fees
Unless you and Joya Communications Inc. agree otherwise in writing, the arbitration will take place in-person in the county in which you reside.
If you initiate an arbitration for claims arising from this agreement, you will be required to pay \$250 of the fee required to initiate the arbitration and Joya Communications Inc. will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator's services; you will remain responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration.
If Joya Communications Inc. initiates an arbitration for claims arising from this agreement, Joya Communications Inc. will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator's services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.
Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court's jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Joya Communications Inc. on your behalf.
Changes
Notwithstanding the provisions regarding modification of these Terms, if Joya Communications Inc. changes this "Mandatory, Bilateral Arbitration" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Joya Communications Inc. written notice of such rejection by mail or hand delivery to: 2443 Fillmore St #380-5790, San Francisco, CA 94115, or by email from the email address associated with your Account to: terms@marcopolo.me within 30 days of the date such change became effective, as indicated in the "Last updated" date below. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Mandatory, Bilateral Arbitration" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Joya Communications Inc. in accordance with the provisions of this "Mandatory, Bilateral Arbitration" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
12. Indemnification; Hold Harmless
You agree to defend (at our request), indemnify and hold harmless Joya Communications Inc. and its employees, managers, officers, and agents (collectively, the "Joya Communications Inc. Parties") from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
13. Disclaimer of Warranties
a. Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE JOYA COMMUNICATIONS INC. PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE JOYA COMMUNICATIONS INC. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO (A) THE SERVICE; (B) THE JOYA COMMUNICATIONS INC. CONTENT; (C) LEADER, USER, OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOYA COMMUNICATIONS INC. OR VIA THE SERVICE.
b. No Technical Warranties. THE JOYA COMMUNICATIONS INC. PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
c. Certain Jurisdictions. THE JOYA COMMUNICATIONS INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE JOYA COMMUNICATIONS INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
14. Limitation of Liability; Waiver
a. No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL THE JOYA COMMUNICATIONS INC. PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SERVICE AND ITS OPERATION; (B) THE JOYA COMMUNICATIONS INC. CONTENT; (C) LEADER, USER, OR THIRD PARTY CONTENT; (D) YOUR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JOYA COMMUNICATIONS INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (G) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. THE JOYA COMMUNICATIONS INC. PARTIES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF THE JOYA COMMUNICATIONS INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
b. State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
c. Monetary Limitation. IN NO EVENT WILL THE JOYA COMMUNICATIONS INC. PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (\$100.00).
d. No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE JOYA COMMUNICATIONS INC. PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND.
e. Waiver of California Civil Code Section 1542. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
f. Acts or Omissions of Third Parties. JOYA COMMUNICATIONS INC. IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE JOYA COMMUNICATIONS INC. PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
15. Digital Millennium Copyright Act
a. Notification of Infringement. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice accounts of those determined to be "repeat infringers." If you are a copyright owner or an agent thereof, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C. § 512(c)(3) or consult your own legal counsel to confirm these requirements): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon removing any allegedly infringing material, we will notify the alleged infringer of such takedown. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
b. Designated Copyright Agent. You can contact our Copyright Agent via email at dmca@marcopolo.me or by mail at Copyright Agent, c/o Joya Communications Inc., 2443 Fillmore St #380-5790, San Francisco, CA 94115.
16. Miscellaneous
These Terms are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of California, without regard to its conflict of laws principles. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated on January 29, 2021.