Welcome to Marco Polo®. The Marco Polo® website (the “Site”) and Marco Polo® mobile application (the “App”) are owned and operated by Joya Communications Inc. ("Joya Communications Inc.," "Company", "we", or "us"). We are making the Site and App (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 App 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.
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. If you are opening an account on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to agree to these Terms. 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.
e. Advertisements. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time.
2. Your Account
a. Account Information. In order to use some features of the Service, you will have to create an 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 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 app 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 may persist and appear within the Service or otherwise, including in the accounts of other Users or individuals who might have received your Content from those other Users.
3. Your Content
b. Content Sharing and Deletion. When you share Content through the Service with other Users, such shared Content will exist in the accounts of other Users even after your Account has been terminated unless you permanently delete such Content. Only if you permanently delete a Polo will it be deleted from the accounts of others and the Service. To permanently delete a Polo within the Service that you sent, follow the instructions here. Note, however, that to the extent another User has saved or shared such Content, that Content will continue to exist and Joya is not responsible for that Content.
Also, if you do not have a Marco Polo Plus Subscription (described below), after a period of time, Polos will be removed from view in your Account and archived; however, you may request archived Polos and they will be viewable again within 24 hours of your request. Please visit https://support.marcopolo.me/article/158-archived-polos for more information about the process for retrieving archived Polos if you do not have a Subscription.
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. 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 containing Content 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.
4. 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.
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) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (g) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (h) solicit personal information from minors, or submit or transmit pornography; (i) reformat or frame any portion of the Service; (k) 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; (l) impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; (m) solicit a User's password or other account information; or (n) harvest User names, addresses, or email addresses for any purpose.
6. 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.
7. Text Messaging
You may use and interact with the App through text messaging. By using the Service, you agree that the Company may communicate with you via informational or transactional 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 cell phone number. You may opt out of receiving text messages from any mobile messaging program by replying "STOP" to the last message received. Opting out of receiving text messages may impact your ability to use the Service.
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.
Carriers supported: ACS, AT&T, Bluegrass Cellular, Dobson / Cellular One, Cellular One (IL), Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, MetroPCS, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile®, U.S. Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular.
8. SMS Short Code Terms
We may deliver certain messages to you through the Marco Polo® App’s dedicated short code number 60571. In order to create a Marco Polo® account, once you have downloaded the Marco Polo® App, you will receive an SMS with a pin code to log in on the App in order to verify your identity. You will receive one (1) message per request, and message and data rates may apply.
By logging in with the pin code provided, you confirm that you hold the account corresponding to the mobile phone number you have entered, or that you have the account holder’s permission to use this service, and you agree to these Terms until you cancel the Service.
For help, text HELP to 60571. To cancel, text STOP to 60571 at any time. For questions and customer support, send an email to: email@example.com.
The short code may be used with the following carriers: ACS, AT&T, Bluegrass Cellular, Dobson / Cellular One, Cellular One (IL), Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, MetroPCS, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile®, U.S. Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular, but is not compatible with all handsets. Carriers are not liable for delayed or undelivered messages. [T-Mobile customers will receive only one (1) message per request.]
9. Subscription Offerings
Some parts of the Service are charged on a subscription basis (“Subscription Offerings”). All charges for the Subscription Offerings are payable in advance on a recurring basis (“Billing Cycle”). Subscription Offerings currently include monthly and annual offerings for Marco Polo Plus. Please visit https://marcopolo.me/plus for more information about Marco Polo Plus.
All charges for the monthly and annual Subscription Offerings for Marco Polo Plus are payable in advance on a recurring basis based on the subscription duration (“Billing Cycle”). At this time, you may purchase Subscription Offerings in-app through the App Store or Google Play Store. At the end of each Billing Cycle, your Subscription Offering will automatically renew unless it is cancelled by either you or Joya Communications Inc. You may cancel your Subscription Offering through the App Store or Google Play Store at any time.
Fee and Subscription Changes. We may change the Subscription Offerings to add new features and/or change the fees associated with the Subscription Offerings at any time in our sole discretion. Any change to our fees shall become effective in the Billing Cycle following notice of such change to you. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to cancel your subscription before such change becomes effective.
Refunds. Except where required by law, Joya will not refund any incurred subscription charges.
10. 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 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.
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.
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: firstname.lastname@example.org. within 30 days of the date such change became effective, as indicated in the "Effective date" date above. 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).
11. 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.
12. 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) 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.
13. 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) 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.
14. 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, if available, 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 email@example.com or by mail at Copyright Agent, c/o Joya Communications Inc., 2443 Fillmore St #380-5790, San Francisco, CA 94115.
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. The parties consent to the personal and exclusive jurisdiction of the state and federal courts in San Francisco, California. 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.