Terms and Conditions
MARKETJOY TERMS OF SERVICE
Last Updated 14th August, 2017
Marketjoy provides its users with the ability to the build their business by connecting to qualified prospects with a targeted message, via the Marketjoy website and domain name offered from time to time (collectively, the “Website”) and/or the Marketjoy mobile application (the “Application” and together with the Website, the “Marketjoy Service”). The Marketjoy Service is owned and operated by Marketjoy Inc., a Delaware corporation (“Marketjoy”, “we” or “us”).
Your use of the Marketjoy Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE MARKETJOY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE MARKETJOY SERVICE. USE OF THE MARKETJOY SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
The Marketjoy Service is meant for those at least thirteen (13) years of age. Use of the Marketjoy Service by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the Marketjoy Service.
3. Intellectual Property. You acknowledge that all materials on the Marketjoy Service, including the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Marketjoy and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Marketjoy authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Marketjoy or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Marketjoy Service are the sole property of Marketjoy and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Marketjoy and/or its licensors. Marketjoy reserves the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, your use of the Marketjoy Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Marketjoy Service are either the property of Marketjoy, its affiliates or licensors. Marketjoy retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Marketjoy to you are fully reserved by Marketjoy, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Marketjoy Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Marketjoy Inc., the Marketjoy Service, our products and services, the Website and/or the Application.
4. Third Party Sites. Links provided via the Marketjoy Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the Marketjoy Service. Marketjoy does not control nor endorse any such third party websites. You agree that the Marketjoy Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Marketjoy Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Marketjoy Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Marketjoy expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
5. Use of the Marketjoy Service. You may be required to establish an account in order to use the Marketjoy Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Marketjoy Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Marketjoy has reasonable grounds to suspect that such information is false, inaccurate or outdated, Marketjoy has the right to suspend or terminate your account and prohibit any and all current or future use of the Marketjoy Service by you.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Marketjoy Service, including charges resulting from unauthorized use of your account.
You are responsible for receiving and transmitting our communications to you to the applicable person at your organization. You are also responsible for providing any data on opt-outs you receive from your customer base via the Marketjoy Service.
You agree to use the Marketjoy Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Marketjoy Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Marketjoy Service in any manner that interferes with its normal operation or with any other user’s use of the Marketjoy Service.
You may not do any of the following while accessing or using the Marketjoy Service: (i) access, tamper with, or use non-public areas of the Marketjoy Service, our computer systems, or the technical delivery systems of our 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 Marketjoy Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (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 Marketjoy Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Marketjoy Service, or otherwise creating an undue burden on the Marketjoy Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Marketjoy Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Marketjoy Service.
You further agree that you will not access the Marketjoy Service by any means except through the interface provided by Marketjoy for access to the Marketjoy Service. Creating or maintaining any link from another application to any page at the Marketjoy Service without the prior authorization of Marketjoy is prohibited. Running or displaying the Marketjoy Service, or any information or material displayed via the Marketjoy Service in frames or through similar means on another website or application without the prior authorization of Marketjoy is prohibited. Any permitted links to the Marketjoy Service must comply with all applicable laws, rule and regulations.
Marketjoy makes no representation that Materials contained, described or offered via the Marketjoy Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Marketjoy Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Marketjoy Service from any territory where its contents are illegal, and that you, and not the Marketjoy Parties, are responsible for compliance with applicable law.
6. Payment. Payment for the Marketjoy Service is conducted based on the type of plan you have subscribed for via credit card through our applicable third party payment provider. If we change the price of your applicable plan, you will pay the new fee upon the next applicable renewal of your contract. Unless otherwise stated, all prices are listed in United States dollars.
There will be no credits or partial refunds for the applicable monthly, quarterly or annual contract period that you select. There is no early termination of your selected term and you are therefore obligated to pay the entire amount of your contract.
We may offer refunds on a case-by-case basis, in our sole discretion. To request a refund or cancellation, please e-mail [firstname.lastname@example.org].
Marketjoy may make discounts or coupons. Marketjoy may refuse to honor such discounts or coupons for any reason including, but not limited to, fraud, mistake on the part of our publication of information, or any other reason.
If you conduct a chargeback against Marketjoy, you shall be liable to Marketjoy for the full amount of the chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Marketjoy in its enforcement of its rights under this section.
Where a credit card is declined for any reason (including but not limited to expiration, insufficient credit, or precautionary anti-fraud measures), Marketjoy reserves the right to delete your account data and terminate access to the Marketjoy Service without notice. Without prejudice to any of Marketjoy’s rights under this section, Marketjoy may choose to first contact you and give you an opportunity to correct the failed payment issue prior to engaging in such a deletion.
7. Content. All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Marketjoy Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Marketjoy Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Marketjoy Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Marketjoy Service.
8. Termination. You may terminate your use of the Marketjoy Service at any time. You agree that Marketjoy may terminate or suspend your access to all or part of the Marketjoy Service, with or without notice, in our reasonable discretion. Marketjoy reserves the right to modify or discontinue the Marketjoy Service (or any part thereof) with or without notice. Following the termination or cancellation of your subscription to the Marketjoy Service and/or your account, we reserve the right to delete all your data in the normal course of operation.
9. Representations. You expressly represent, warrant, and/or acknowledge that:
a. Marketjoy does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the Marketjoy Service.
b. Marketjoy does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products or services found through the Marketjoy Service.
c. Marketjoy makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Marketjoy Service may be owned or licensed by third parties.
c. Marketjoy is not a party to any transaction between you and any provider of products or services via the Marketjoy Service. Any dispute shall be resolved between yourself and the provider of such products or services.
d. Any information, including any data, Materials, or Content on the Marketjoy Service, including on any Facebook or Twitter page, are for informational purposes only.
e. You assume all risk when using the Marketjoy Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
f. You are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Marketjoy Service and take full responsibility for the selection and use of and access to the Marketjoy Service.
10. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MARKETJOY SERVICE IS AT YOUR SOLE RISK. THE MARKETJOY SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, MARKETJOY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “MARKETJOY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MARKETJOY PARTIES MAKE NO WARRANTY THAT: (I) THE MARKETJOY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE MARKETJOY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE MARKETJOY SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE MARKETJOY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE MARKETJOY SERVICE WILL BE CORRECTED.
THE MARKETJOY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE MARKETJOY SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE MARKETJOY SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE MARKETJOY SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE MARKETJOY SERVICE OR BETWEEN A USER OF THE MARKETJOY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE MARKETJOY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE MARKETJOY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARKETJOY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE MARKETJOY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE MARKETJOY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO MARKETJOY VIA THE MARKETJOY SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY MARKETJOY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
11. Indemnification. You agree to indemnify, defend and hold harmless the Marketjoy Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Marketjoy Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Marketjoy Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Marketjoy Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
12. Applicable Law and Jurisdiction. Your use of the Marketjoy Service is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Antonio, Texas. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Marketjoy Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Marketjoy. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Marketjoy may seek any interim or preliminary relief from a court of competent jurisdiction in San Antonio, Texas necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE MARKETJOY SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
13. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Marketjoy Service.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed to email@example.com –
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
14. U.S. Export Controls. The Marketjoy Service may be subject to United States export controls. No part of the Marketjoy Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Marketjoy Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Miscellaneous. These Terms of Service constitute the entire agreement between Marketjoy and each user of the Marketjoy Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Marketjoy Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
No action arising out of these Terms of Service or your use of the Marketjoy Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
16. Customer Service. If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at [firstname.lastname@example.org].