TERMS OF SERVICE
These terms of service (the “terms” or “Agreement”) govern the relationship between you and Jozeko and your use our website (Jozeko.com) and accompanying app (collectively referred to as the “Sites”). By accessing and/or using our Sites, you are agreeing to be bound by these terms, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by Jozeko and those of any third parties that host our Sites, as amended from time to time. If you do not agree with all of these terms or cannot form a legally binding contract, you are not permitted to use our Sites.We cannot and do not guarantee the accuracy of content posted on our Sites by us or third parties. We do not, in any way, adopt, endorse, or guarantee the accuracy of content posted by others. We are not legally responsible for content posted by third parties on our Sites. We do not endorse clicking on links posted by other social media users, as these links may pose risks to your computer or take you to inappropriate Sites. We do not provide investment, legal, tax or other specialist advice through our Sites. If you are not able to use or access our Sites, or websites linked to through them, we are not responsible for any problems this causes. We may disclose your communications and activities on our Sites in response to requests by any government agency.Those that have a business relationship with Jozeko and/or any other interests are responsible for adhering to any previous restrictions and/or obligations regarding information that may be deemed non-public. These terms in no way replace terms outlined in any other agreement executed between Jozeko and you. Use Limitations and GuidelinesYou agree to comply with the social media guidelines outlined herein with regard to any content that you post/share on our Sites, and you agree to our right to moderate and delete any content at our sole discretion. You also agree that your activities on our Sites will not violate any applicable law, regulation or terms of any existing agreements you may have with Jozeko. Any unauthorized use of our Sites or misuse of any information posted to a site is strictly prohibited. Your use of our Sites is subject to the following guidelines:
·You agree that you are responsible for any content that you submit to our Sites, including comments, photographs and other media.
·Posting Content to Our Sites:
o Do not post advertisements except through approved accounts;
o Be respectful – maintain a friendly environment.
o Do not post material that is inappropriate or that could reasonably be deemed defamatory, offensive or obscene.
o No investment advice – do not post recommendations and/or advice about specific securities, products, or services.
o Do not use these online spaces for illegal purposes or to breach any laws.
o Do not harass, cause distress or inconvenience to, or infringe the rights of, another person.
o Do not try to access administrator areas, features or functions of our Sites without authorization.
o Do not submit anything to our Sites that will or may violate the rights of a third party, including but not limited to copyright, trademark, and/or privacy rights.
o Do not use our Sites or content on them in any way not permitted by these terms.
You agree that you shall not place false or misleading information on our Sites or upload any computer programs—including but not limited to viruses, Trojan horses, worms, and/or time bombs—that may interfere with the proper operation of our Sites.We reserve the right to remove comments and/or posts. We also reserve the right to restrict users who don’t follow these guidelines, have online pages containing offensive material and/content, or for any other reason.By posting any content on any site, you grant to Jozeko the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use such content for any purpose, in any form, and on any media.Our Sites are intended solely for individuals who are age 13 or older. Any access to or use of our Sites by anyone under 13 is unauthorized, unlicensed, and in violation of these terms. By accessing or using our Sites, you represent and warrant that you are 13 or older. If you are under 18 years of age, you must have your parent’s or legal guardian’s consent to use the Sites. You represent and warrant that, if you are under 18 years of age, you have the consent of a parent or legal guardian to use the Sites.
Generally, there are no fees charged for the use of the Sites. However, we may offer subscription services to allow users to promote certain Content. Any details of the fees of those subscription services are maintained on our Sites.
Please note that when visiting any Jozeko site, you are also subject to the terms and conditions of Jozeko’s privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable. Do not send or post personal information via our Sites. Never disclose any financial or personal information on our Sites. Jozeko will never ask you for your Social Security number, account information, passwords, PINs or other personally identifiable information via social media or email. You acknowledge that you assume all responsibility related to the security, privacy and risks inherent in sending any content over the Internet. Jozeko is not responsible for the privacy or security practices of the Sites we utilize. Please review their policies.
Jozeko has no obligation to monitor the use of our Sites by users. You acknowledge and agree that Jozeko reserves the right to, and may from time to time, monitor any and all information transmitted or received through our Sites for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of our Sites constitutes consent to such monitoring. Furthermore, Jozeko reserves the right at all times to disclose any information posted on any portion of our Sites as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Jozeko’s sole and absolute discretion are objectionable or in violation of this Agreement.
The content provided in our Sites is owned or licensed by Jozeko, unless otherwise indicated. Unless expressly noted otherwise, everything on our Sites is protected by intellectual property rights held by Jozeko or other parties that have allowed Jozeko to use their materials. All rights not expressly granted are reserved. Permission is granted to temporarily download one copy of Jozeko-provided content on Jozeko’s Sites for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
· Modify or copy the content except as otherwise provided;
· Use the content for any commercial purpose, or for any public display (commercial or non-commercial);
· Remove any copyright or other proprietary notices from the content; or
· Transfer the content to another person or “mirror” the content on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Jozeko at any time. Upon completing your review of the content or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
DMCA Copyright Policy and Copyright Agent
Jozeko may remove content that appears in its sole discretion to infringe the intellectual property rights of others. Jozeko also has a policy of terminating the accounts of repeat infringers in appropriate circumstances. If you believe that content available on or through the Sites infringes one or more of your intellectual property rights, please immediately notify Jozeko (“Notification”) providing the information described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Sites infringes your rights, you should consider first contacting an attorney.All Notifications should include the following:A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed.
· Identification of the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jozeko to locate the material, including the URL.
· Your address, telephone number and email address.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A statement made under penalty of perjury that the information in the Notification is accurate, and that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.Notifications should be sent to Jozeko at email@example.com.
The materials on Jozeko’s Sites are provided “as is.” Jozeko makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Jozeko does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Sites or otherwise relating to such materials or on any Sites linked to these Sites. Jozeko does not guarantee that our Sites will be without errors or viruses, or that any site defects will be corrected, even if Jozeko is aware of them. The information and content provided on our Sites, including without limitation text, graphics and images, are for informational purposes only, not as an offer to sell or the solicitation for the purchase of stock of Jozeko, or any other issuer or company. Jozeko is not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our Sites. Content posted by others is not edited by Jozeko and does not necessarily represent the views or positions of Jozeko. Jozeko is not liable for the acts or omissions of third-party service providers or hosts of the Sites.
The use of our Sites is entirely at your own risk, and in no event shall Jozeko, its affiliates or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or relating to our Sites, your use or inability to use the content on our Sites, even if Jozeko has been notified orally or in writing of the possibility of such damage. Your sole and exclusive remedy for dissatisfaction with our Sites is to stop using our Sites. Jozeko will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our Sites. Jozeko may use third party providers in providing our Sites. Jozeko is not liable for the acts or omissions of any such third-party service providers. Users must comply with any third-party provider’s terms.
You agree to indemnify, defend, and hold harmless Jozeko and its employees, and agents from any and all losses, damages, liabilities, and costs of every nature (including without limitation judgments, expenses and reasonable attorneys’ fees and costs) incurred by any of them in connection with any claim, damage, or loss related to your use of our Sites or any materials contained on our Sites, or the breach or alleged breach by you of these terms.
Site Modification or Termination
Jozeko may modify the features, content and functionality of its Sites, or terminate entirely any of its Sites, at any time without prior notice or liability to you. Modification or termination of these terms will not affect, or result in the termination or modification, of any other existing agreements you may have with Jozeko.
Your accessing of our Sites in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and Jozeko, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our Sites, that no relationship is formed between you and Jozeko that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.
Termination of Use
Jurisdiction and Miscellaneous
This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. This Agreement is a personal agreement between you and us, and no one shall be a third-party beneficiary to this Agreement. Although you acknowledge that Jozeko will have the ability to enforce its rights in any court of competent jurisdiction, you hereby acknowledge and agree that the courts of the State of California shall have exclusive jurisdiction over any dispute relating to these terms and your use of our Sites, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens. You acknowledge and agree that you may not bring a claim against Jozeko relating to your use of our Sites after more than one year has passed since the event occurred that gave rise to the claim, while there is no such limitation on Jozeko’s right to bring claims against you. You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Jozeko to provide our Sites hereunder. You waive your right to trial by jury of any or all issues arising in any action or proceeding between you, or your successors, and Jozeko or its successors, under or connected with this Agreement or any of its provisions. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.