terms of service
Last Updated: July 21, 2016
Welcome to Mazu, the mobile messaging application(“App”) made available by Just Be Friends Kids Incorporated (“JBF,” “Mazu,” “we,” “us” or “our”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the App and our services made available via the App. To make these Terms easier to read, our services and App are collectively called the “Services.”
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION “SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MAZU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Who May Use the Services
You may use the Services only if either (i) you are 13 years or older or (ii) if you are under 13 years old, you have been granted consent by your parent or legal guardian, as per the functionalities of the Services, and, in each case of (i) or (ii), are not barred from using the Services under applicable law or otherwise.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Users and Guardians
We refer to all Account holders as “User(s)”, regardless of what functionality they have access to within the Services and what user rights they have. “Guardian(s)” are Users, who are parents, legal guardians or teachers or educators with parental or legal guardian’s consent, of children age 12 years of younger, with special rights such as, for example, the right to permit others to use the Services by giving verifiable consent as per the functionalities of the Services. Every Account registered by a child upon receiving such consent is connected to the Account of the Guardian who gave such consent. The child automatically becomes a “Family Member” of the Family. By “Family” we mean a Guardian and all the Family Members associated with such Guardian on the Services. A Family may have more than one Guardian. The Guardian who creates a Family (i.e. the first Account holder of the Family) is a “Creator” of the Family.
Rights to Use the Services
Subject to your compliance with these Terms, Mazu will make the Services available to you during the Subscription term (see below). We hereby grant you a limited non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services during the Subscription term (including a license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App) solely for your own personal non-commercial purposes. You may not make additional copies of the App. Your rights to use the Services will be limited to those expressly granted in this Section. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. Mazu and its licensors reserve all rights in and to the Services not expressly granted to you under these Terms.
Purchases through the Services by Family Members are only possible if the Guardian has registered a credit card and gives his or her consent for each purchase as per the functionalities of the Services. In the event that you choose to use paid aspects of our Services, (e.g., if you decide to subscribe the Services) you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted in the Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable U.S. dollars and in-app purchases are dependent on app store location
Users may only have access to and use the Services by purchasing a monthly or annual subscription (“Subscription”). When you purchase a Subscription, you agree to pay the applicable fees and any taxes, and the fees and taxes will be charged automatically at the beginning of each Subscription period to your registered credit card. All fees are non-refundable and non-transferable except as expressly provided in these Terms. Your Subscription will automatically renew for additional periods equal in length to your expiring Subscription term, unless you stop the renewal before the end of your current Subscription term by canceling your Subscription.
Changes to Price Terms
Mazu reserves the right to change its pricing terms for Subscriptions at any time and we will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to our pricing terms then you will no longer be able to use the Services after your current Subscription expires.
Using the Services
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services. Content includes without limitation User Content.
Users can use the Services to join conversations about certain topics (“Events”, “Channels”, “People”), which are featured on the Services, and communicate with other Users about those topics. You agree to exercise good judgment when you communicate via the Services.
The Services allows Users to submit User Content, which may be hosted, shared, and/or published as part of the Service, and may be visible to other Users of the Service who joined the same Conversations. If you don’t want everyone in the Conversation to know something or see something, please don’t submit it to the Conversation. The Services will automatically assign a “[read]” status, to the User Content you submit to a Conversation if any other user is active in the Conversation. As clarified in the following section, you retain your ownership rights in your User Content. You understand and acknowledge that whether or not the User Content you submitted is published; we do not guarantee any confidentiality with respect to any submissions.
Mazu does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Mazu and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You to Mazu
By making any User Content available through the Services you hereby grant to Mazu a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Users. We will not sell your User Content to any third parties but may choose to use certain User Content in promotional materials specific to the Mazu. We will ask for your consent before we use any of your User Content for such purposes.
You are solely responsible for all your User Content and you agree that you will only provide or make available User Content via the Services that you are comfortable sharing publicly and in accordance with these Terms. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mazu or other Users of the Services on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any confidentiality or other commitments that you have (or that the company or other legal entity that you represent has) to any third parties.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in User Content Granted by You to other Users
By making any User Content available through the Services you hereby grant to any other User a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform, and distribute your User Content only in connection with using the Services and as permitted by the functionalities of the Services.
Rights in Content Granted by Mazu
Subject to your compliance with these Terms, Mazu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions and Mazu Enforcement Rights
You agree not to do any of the following: • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) is inconsistent with the Mazu philosophy of providing a platform for positive interactions based on honesty, togetherness, compassion, faith, kindness, consideration, trust, respect and loyalty.
- Use, display, mirror or frame the Services or any individual element within the Services, Mazu’s name, any Mazu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mazu’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Mazu’s computer systems, or the technical delivery systems of Mazu’s providers;
- Attempt to probe, scan or test the vulnerability of any Mazu system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mazu or any of Mazu’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mazu or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Mazu trademark, logo URL or product name without Mazu’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Use the Services in any unlawful manner, for any unlawful purpose, in any manner inconsistent with these or applicable documentation, or violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Mazu respects copyright law and expects its users to do the same. It is Mazu’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mazu’s Copyright Policy at www.mazufamily.com/dmca, for further information.
Links to Other Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may provide you with certain communications, administrative messages, notifications, or service announcements for specific events related to certain sports teams and/or community organizations as part of the Services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If you want to delete your Account, you can do so at any time via the Account settings.
Effect of Termination
If a Creator deletes his or her Account, this will automatically delete the Accounts of all Family Members connected to such Account. A Guardian can remove a child from his or her Family. Upon termination or deletion of your Account, we’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THOSE OF ANY PARTNERS OF MAZU AND ADVERTISERS, REFERENCED ON, OR IN ASSOCIATION WITH THE SERVICES. WE ACCEPT NO LIABILITY FOR CLAIMS OR DEFICIENCIES RELATING TO THIRD PARTY PRODUCTS ADVERTISED, PROMOTED OR OTHERWISE MADE AVAILABLE OR REFERENCED VIA THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS OFFERED THROUGH THE WEBSTORE OR IN-APP-PURCHASES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAZU SHALL NOT BE LIABLE FOR ANY USER CONTENT, USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING OR USING THE SERVICES RESTS ENTIRELY WITH YOU.
You will indemnify and hold harmless Mazu and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
MAZU WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAZU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL MAZU’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MAZU FOR USE OF THE SERVICES OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MAZU, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAZU AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Mazu agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Mazu with written notice of your desire to do so by email or regular mail at firstname.lastname@example.org, #202-1353 Ellis Street, Kelowna, BC V1Y1Z9, Canada, within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Mazu with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Mazu with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Mazu with an Arbitration Opt-out Notice, you acknowledge and agree that you and Mazu are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Mazu otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate Demand for Arbitration form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Mazu otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Mazu submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA 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’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. 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. Mazu will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Mazu will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Mazu changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.mazufamily.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Mazu’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Mazu in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Mazu and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mazu and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Mazu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mazu may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Mazu under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Mazu’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mazu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.