Terms of service (TOS)
Acceptance of Terms
Jolzy will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you may not use Jolzy under any circumstances, only individual of legal age are eligible to use the services and products offered by this Jolzy site
Client Account, Password, and Security
In using this Site, you agree to not:
- Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, download, post, email or otherwise transmit false or misleading information;
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
- Frame or link to the Site except as permitted in writing by Jolzy;
Upon uploading Content, you acknowledge that Jolzy may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Jolzy and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Jolzy. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Jolzy. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Jolzy nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Jolzy's production of any product depicting your Content does not indicate that Jolzy approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Jolzy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Jolzy, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
No earnings will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of these Terms, including but not limited to no earnings on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
WEBSITE UPDATES & CHANGES
The Jolzy Support team will only accept content for the website that is in digital format. The following list consists of all acceptable formats: All Microsoft Office Documents, JPEG,GIF, PNG, PSD, PDF, Text, mpg, wmv, mp3, mp4, mov.
Guidelines for updates and new content:
- Design – Any changes to the published website design is not included in the standard updates. There will be an additional charge, depending on the type of design change (to be quoted), which the client must agree prior to starting the work. Payment of 50% is required.
- Page Content -- New content that is less than one page will be posted within 3-4 business days. Those who provide content that is more than one page will be posted within 4-5 business days. Updates that only include fixing errors such as grammatical or spelling will be done within 1-2 business days.
- Text - Any update/change to the text content must be submitted in Word doc format.
- Images – All images send in a request for update must be of the following format: jpg, png, gif, pdf or psd.
- Videos – When applicable, one (1) video shall be incorporated into the content, video files must be: mpg, mp4, mov, wmv. More videos can be added at an additional cost, ask us.
- Audio – Background music files format: mp3, mwv
- Articles -- New articles will be posted within 2-3 business days. Updates that only include fixing grammatical/spelling errors will be posted within 1-2 business days.
- Calendar -- One (1) new calendar event will be posted within 2-3 business days. A reoccurring event with exceptions will be posted within 3-4 business days. Two (2) + new calendar events will be posted within 3-4 business days.
- Updates that only include fixing grammatical/spelling errors or adding information will be posted within 1-2 business days.
- Time sensitive material must be submitted at least 2 weeks prior to the date of the material.
Control Panel - A client may opt to upgrade to be set up with a CONTENT MANAGEMENT SYSTEM platform where they will be able to edit their site. In this case, they will have access to make unlimited changes and updates to their website on the fly. Pricing for this upgrade varies depending on the plan. If you are interested in having a control panel send us a request to: email@example.com
All content shall be reviewed and approved by the Jolzy support team. In the event that the content is not approved an email will be sent to the client describing the corrective action to be taken.
Jolzy support team will not edit, revise, or create new content. All content should be proofed by the client before publishing. We are not responsible for errors of omissions or liable for any content misrepresentations.
All requests for updates/changes must be emailed to firstname.lastname@example.org. If it is not sent to this address,the update may not be processed in a timely manner.
1. A valid PayPal account is required for subscription to any of the Jolzy Web Plans.
2. The subscriber (client/user) is responsible for keeping his/her PayPal account up to date to avoid inadvertent cancellation of the Jolzy web plan and deactivation of their website. (most common issue: credit card on file expires and is not renewed). PayPal will send out a notification via email of account suspension if card on file has an expiration date. A reactivation fee of $50 will be charged to activate the website.
3. The web service is billed in advanced on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For all Web Plans and other services provided, the credit card that you provided will be automatically charged on a recurrent monthly basis, except for those services that require a one time charge such as: custom design, SEO, custom graphics, marketing, domain registration.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Jolzy does not accept any liability for such loss.
7. Custom design websites provided by Jolzy.com are non-tangible irrevocable goods and therefore we do not issue refunds once the order is accomplished and the product is delivered. As a client you are responsible for understanding this upon purchasing any "custom website" at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. Therefore, we DO honor requests for refund on the following reason: irreparable defects or grave difficulties with the product editing; although all the products are thoroughly tested before release, unexpected errors may occur.
Cancellation and Termination
1. You are solely responsible for properly cancelling your account. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. You should take appropriate steps to back up all of your site’s files prior to cancelling.
2. Cancellation of the subscription plan before 12 months of sign up are subject to a cancellation charge of $150 to cover administrative expenses incurred in the design and development of the site.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, except in the case where cancellation charges are incurred.
4. Jolzy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Jolzy service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Jolzy reserves the right to refuse service to anyone for any reason at any time.
5. All graphics, images and pictures, including banners, and any other content material developed and created by Jolzy for its clients site shall remain property of Jolzy once the site is cancelled and may not be used, reproduced or copied unless authorized by Jolzy.
PricingPrices for products and services on Jolzy are described on our Site and incorporated into these Terms by reference.
Jolzy will quote any website designated as "custom" and the terms shall be 50% payment before starting the work and the balance due when the website is launched.
All prices are in US Dollars. Prices and services are subject to change at any time, at Jolzy's discretion.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Jolzy, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to Jolzy. You hereby grant to Jolzy a royalty free, worldwide, transferable, nonexclusive, right and license to use such Content as Jolzy deems necessary to enable you to use the Jolzy service to create, produce, crop, publicly display, sell, distribute and purchase Products for so long as your Content remains uploaded to the site. Jolzy may sub-license the rights that you grant it in this section to a third party subcontractor for the purposes of producing your Products and providing the Jolzy service. Upon proper cancellation of your account and removal of your images, Jolzy shall no longer maintain these rights. Our right to reproduce your images for sale to the public is completely contingent on your participation on our website. When you delete your account in accordance with Jolzy's cancellation policies, which you may do for any reason, we no longer have said rights to reproduce and sell artwork on your behalf.
You acknowledge and agree that the Site and any software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any postings to your account which you submit (excluding the Content) will automatically be deemed to be assigned by you to Jolzy upon their submission to Jolzy, and Jolzy shall be entitled to use, edit and publish the information which may include information about your gallery, your biography, comments or any other information which you have provided. Jolzy does reserve the right in its sole discretion to delete artwork, text, comments and other imagery which it deems to be vulgar or otherwise inappropriate for the site.
All brand, product and service names used in this Site which identify Jolzy or third parties and their products are proprietary marks of Jolzy and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Jolzy or any third party with respect to any such image, logo or name. You shall not make any use of any Jolzy trademarks, logos, or trade dress without prior express written approval by Jolzy.
Copyright and Intellectual Property Policy
Jolzy respects the intellectual property rights of others and we require all of our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTERFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENE; (VI) THE CONTENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONTENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR THE LIKE ("DISCRIMINATORY CONTENT"); (VIII) JOLZY MAY LEGALLY MANUFACTURE AND SELL PRODUCTS INCORPORATING THE CONTENT WITHOUT THE INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY AND WITHOUT THE OBLIGATION TO MAKE ANY PAYMENTS TO OR OBTAIN ANY PERMISSION FROM ANY THIRD PARTY.
You agree to defend, indemnify and hold Jolzy and Jolzy's officers, directors, employees, agents and licensees harmless from all judgments, awards, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit, for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Jolzy’s express written consent.
The Site may provide, or third parties may provide, links to other websites or resources. Because Jolzy has no control of such sites and resources, you acknowledge and agree that Jolzy is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Jolzy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any product ordered from Jolzy in a manner that would be damaging to Jolzy's public reputation or that of its employees, board members, shareholders, licensees, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Jolzy in a public setting, including on the Internet, in a manner which disparages Jolzy, Jolzy's board members, employees, shareholders or partners, Jolzy reserves the right to demand immediate return of the product Jolzy's sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you. Jolzy reserves the right to pursue whatever legal options and proceedings are available in order to protect and restore its reputation and integrity, and the reputation and integrity of its employees, board members, shareholders, licensees, or solution partners. You further agree to be responsible for any and all damages, attorney fees, and court costs associated with Jolzy's enforcement of its legal rights pursuant to this section.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOLZY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JOLZY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT JOLZY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, NONDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF JOLZY, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT JOLZY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, JOLZY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT JOLZY MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOLZY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL JOLZYOR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, VENDORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING JOLZY OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOLZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Broward County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Jolzy may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Jolzy's failure to act with respect to a breach by you or others does not waive Jolzy's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Jolzy, and supersedes all other communications, written or oral, with regard to the services provided by Jolzy.