User Agreement


The following describes the terms and conditions under which Jooners grants you the right to access and use the Jooners website located at www.jooners.com and related Jooners websites (the "Jooners Website"). If you do not agree to these terms and conditions (the "User Agreement") and our Privacy Policy, which is located further down on this page, you are not authorized to access or use the Jooners Website. Your use of the Jooners Website constitutes your acceptance of this User Agreement.

Introduction

Jooners is an online service that helps organizers communicate and coordinate more efficiently with the participants of an activity or event.

Membership

Using Jooners as a recipient of a sign-up sheet is free. However, using Jooners as an organizer creating sign-up sheets requires membership and payment of an annual membership fee. You must have a valid, verified Amazon.com® account, which requires having a valid credit card and a valid email address on file with Amazon.com ® in order to register as a member of Jooners and to maintain your membership. Our annual membership fee may change from time-to-time, and we may temporarily change our membership fees for promotional events. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree to pay our membership fees, in advance, with a valid payment method through Amazon.com®. Upon registration, Jooners will collect your credit card information. However, your credit card will not be charged for your Jooners account until the end of your thirty-day free trial period. The thirty-day free trial period applies to new memberships only.

Your Jooners annual membership will automatically renew on each anniversary of your membership. As a Jooners member, you authorize Jooners to charge your credit card an amount equal to the then-current annual membership fee in order to renew your membership, unless you contact Jooners to cancel your membership. Membership fees are not refundable or pro-ratable. Membership is not transferable; sharing accounts with others is prohibited.

Cancellation

To cancel your membership during the thirty-day free trial period, you must submit a cancelation request through the Account page in your Jooners account within thirty days of establishing your account. If you do so, your account will not be charged for Jooners membership. To cancel your annual membership (outside of the free trial period), you must submit a cancelation request through the Account page in your Jooners account prior to midnight, Pacific Time, on the anniversary of the date on which you became a member. If you cancel or fail to renew your membership, your membership will be terminated and your account, along with any active sign-up sheets, will be deactivated.

Rules of Conduct

In using the Jooners Website, you agree to refrain from each of the following:

  1. posting or transmitting any material that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, or any material that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights, posting any pornographic or obscene content or hate speech;
  2. posting false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  3. framing or linking to Jooners's Website without our written consent;
  4. impersonating or misrepresenting your affiliation with any person or entity;
  5. accessing, attempting to access, tampering with or using non-public areas of the Jooners Website, computer systems, or technical delivery systems, or otherwise interfering with or attempting to interfere with the proper working of the Jooners Website or any activities conducted on the Jooners Website;
  6. distributing or posting spam, chain letters, or pyramid schemes;
  7. using the Jooners Website for advertising or commercial purposes;
  8. allowing others to use your user account;
  9. using the Jooners Website if under the age of 18 or if banned from using the Jooners Website;
  10. distributing viruses or any other technologies that may harm the Jooners Website or its users; and
  11. copying, modifying, or distributing content from the Jooners Website.

Abuse/Violation of Our Policies

If you find any offences of this User Agreement, please report them to us at help@jooners.com. If you violate the terms or the spirit of the User Agreement, including any other Jooners' policies published on the Jooners Website, then Jooners is entitled to take action against you. Possible actions include, without limitation, restricting, suspending or terminating your access to the Jooners Website, and taking technical and legal steps to prohibit you from using the Jooners Website.

Content

Much of the value of our Jooners community comes from the contributions of active organizers and participants. We appreciate your input and participation. When you give us your thoughts, ideas, stories, photos, and other content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future.

The content that any user posts is the sole responsibility of the person from whom the content originated. Jooners does not control the content posted on the Jooners Website, and as such, cannot and does not guaranty the accuracy, appropriateness, or quality of such content. You understand that by using the Jooners Website you may be exposed to content that is offensive, indecent or objectionable for various reasons. Jooners is not liable for any content, including, without limitation, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content that is posted, emailed, transmitted or otherwise made available on the Jooners Website. You agree not to hold Jooners responsible for the actions or inactions of other users, including content that they post.

At times, the Jooners Website may contain links to third party websites as a convenience to our users. These linked websites are not under Jooners's control, and Jooners is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website.

Privacy

We use your personally identifiable information only as described in our Privacy Policy, which is located further down on this page. We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent.

Liability

We cannot guarantee continuous or secure access to the Jooners Website. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Jooners Website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If in such cases, or any other cases, we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability and (b) $100.

Release

Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the Jooners Website, you release Jooners (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."

Indemnity

It is your obligation to use the Jooners Website only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

Notices

Except as explicitly stated otherwise, if you need to give legal notice to Jooners, you may do so by sending an email to help@jooners.com. Jooners may send you legal notices at the email address you provide to us during the registration process. It is your obligation to keep your registration information current. Notice shall be deemed given 24 hours after email is sent by Jooners.

Additional Terms

Jooners may amend this User Agreement at any time by posting the amended terms on the Jooners Website. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Jooners Website. This User Agreement may not be otherwise amended except in a writing signed by you and Jooners.

This User Agreement is made under and will be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law) and specifically excluding the United Nations Convention on the International Sale of Goods. Any dispute or claim arising out of or in connection with this User Agreement shall be adjudicated in Santa Clara County, California. The prevailing party in any litigation between the parties shall recover its reasonable attorneys' fees and costs from the non-prevailing party. In the event any provision of this User Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this User Agreement will remain in full force and effect. The waiver of any breach or default of this User Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This User Agreement shall be binding on the parties' successors and assigns. Non-performance by either party shall be excused to the extent that performance is rendered impossible for reasons beyond the control of such party. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this User Agreement: Content, Release, Indemnity, Liability and these Additional Terms.


Privacy

Overview

Your right to privacy regarding the personally identifiable information ("Information") that you, our users, provide to us to enable us to serve you is very important to Jooners. We believe this information should only be used to help us provide you with a better user experience. We have established this Privacy Policy to describe our practices regarding the collection, use and disclosure of your Information. This policy may change from time to time so please check back periodically.

Collection and Use of Information

We require our registered users to provide their name, address, email address, credit card number and related information and telephone number, which can be used to identify and contact you and to register you to use our services. We use this Information in the following ways:

Additional Uses

Legal Disclosures

Jooners may disclose your Information if required to do so by law or in the good-faith belief that such action is necessary to prevent injury or property damage, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. We may attempt to notify you when we are making such a disclosure, but we may not do so in an emergency or when we are prohibited by law or court order from giving such notice. If Jooners is acquired by or merged with a third party, we reserve the right, to sell or otherwise transfer the Information we have collected as part of that transaction provided that such third party continues to honor our privacy policy.

Security

Jooners takes information security very seriously and uses reasonable measures to protect your Information from unauthorized access, including storing all the Information we gather from you in secure databases. However, no security system can be guaranteed to be 100% secure, and therefore we cannot guarantee the security of your Information or assume liability for improper access to it. By using the Jooners web site, or providing Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our web site.

Your Passwords

You should never disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

Changes to This Policy

As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. If the changes result in materially less protection for your Information than that provided in this policy, we will make reasonable efforts to contact you and obtain your consent to the changes. Like our Terms of Use, of which this policy is a part, your use of the Jooners site or continued use of our service after our efforts to contact you means that you agree to be bound by such changes.

If for some reason you believe that Jooners has not adhered to this Privacy Policy, please notify us by email at info@jooners.com.

Last updated: May 12, 2009