Terms of Use - Joyous Justice, LLC

ATTENTION: Please read these Terms of Use carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

Joyous Justice LLC (“Joyous Justice”, “we” or “us”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our website, access our online programs, or participate in our online offerings. For more information, please visit the Joyous Justice Privacy Policy.

This document is an agreement between you and Joyous Justice that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by Joyous Justice or its affiliates, including but not limited to https://joyousjustice.com and   jewstalkracialjustice.buzzsprout.comand https://joyous-justice.mykajabi.com/ (the “Joyous Justice Sites”). The content and services offered on some Joyous Justice Sites may be subject to additional terms and conditions described in these TOU, on a Joyous Justice Site, or provided with such content or services. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, MATERIALS AND TOOLS OFFERED BY THE JOYOUS JUSTICE SITES OR THROUGH THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Joyous Justice reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Joyous Justice Sites or the Platform following the posting of changes to these TOU will mean you accept those changes. You acknowledge that Joyous Justice has the right to terminate your access to the Joyous Justice Sites and/or the Services as a result of your violation of any of these terms.

  1. Platform:  Joyous Justice provides a platform for the exchange of content and communications related to diversity, equity and inclusion, racial and social justice, and leadership in the Jewish community. This platform is made available through the Joyous Justice Sites for your personal, non-commercial use only. Any person who accesses the Joyous Justice Sites is considered a “User” for purposes of these TOU. 
  2. Programs:  Joyous Justice also offers programs and courses through the platform (each a “Program”). Programs are provided by Joyous Justice employees and other third parties (each third party, a “Provider”) to Users in exchange for a fee. Only Users who pay the course fees as described in Section 9 of these TOU may participate in the Program (each User, upon receipt of payment, thereafter a “Participant”). Note that participants are also subject to the Joyous Justice Participant Agreements.
  3. Accounts:  In order to access Programs, as well as certain content and information provided by Joyous Justice through the Joyous Justice Sites, you are required to create an account with Joyous Justice (an “Account”). In order to create an Account, you need to provide your name, e-mail address, a password, and, if applicable, other information required for certain uses of the Joyous Justice Sites (“Account Information”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO CREATE AN ACCOUNT WITH JOYOUS JUSTICE AND TO PARTICIPATE IN ANY PROGRAM. You must provide and maintain complete, current, and accurate Account Information at all times in order to access and use the Joyous Justice Sites.  Site Users are responsible for maintaining the confidentiality of their Account Information, if any, and, accordingly, will be fully responsible for all activities that occur utilizing their Account Information. Site Users agree to immediately notify Joyous Justice of any unauthorized use of their Account Information or any other breach of security with respect to the Joyous Justice Sites of which they become aware. 
  4. Content:
    1. Definitions.  For purposes of these TOU: 
  • Program Content” refers to the content and information available exclusively to Participants as part of any Program. Program Content includes modules, videos, sound recordings, worksheets, and other resources provided to Participants during a Program.  
  • Joyous Justice Content” refers collectively to Program Content as well as content and information available to all Users on the Joyous Justice Sites, including podcasts and blogs produced by Joyous Justice’s employees or independent contractors. 
  • Third Party Content” refers to content or information provided by third parties, links to third-party platforms, advertisements, and solicitations to purchase products or services.
  • User Content” refers to content and information uploaded or otherwise provided by you through the Joyous Justice Sites or by other means of communication that constitute participation in a Course. User Content includes your name, likeness, feedback, reviews, and testimonials. 
  1. License to You. Subject to these TOU, Joyous Justice grants you a limited, non-exclusive, non-transferable, and revocable license to access the Joyous Justice Sites and Joyous Justice Content for your personal, non-commercial use. ALL OTHER USES ARE EXPRESSLY PROHIBITED. This license does not give you ownership of or any intellectual property rights in Joyous Justice Content. You may not reproduce, redistribute, transmit, assign, sell, broadcast, lease, modify, adapt, create derivative works of, sublicense, or otherwise transfer any Joyous Justice Content, unless we give you express permission in a written agreement signed by an authorized Joyous Justice representative.  
  2. Third Party Content, Links, and Platforms:  The Joyous Justice Sites may display Third Party Content or redirect Users to third party platforms via links available on the Joyous Justice Sites. In consideration for the convenience of Joyous Justice making Third Party Content available or accessible to you, you acknowledge that Joyous Justice is not responsible for any Third Party Content and Joyous Justice makes no representations as to the quality of such Third Party Content. You also agree that Joyous Justice is not responsible or liable for any losses or damages you experience with any: (i) Third Party Content you choose to rely upon; (ii) third party platforms you choose to use; or (iii) third party advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.  In some instances, Joyous Justice Content may be available on multiple third-party platforms such as YouTube, Apple Podcasts, Spotify, and Google Podcasts. Your use of such platforms may be subject to additional terms, and it is your responsibility to determine what (if any) agreements exist between you and that third party. 
  3. User Content.  Your use of Joyous Justice Sites and participation in Programs may enable you to share User Content and information with Joyous Justice, Providers, or other Users and Participants. To the extent that you provide User Content, you grant Joyous Justice a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly display, and otherwise use your User Content.  If you submit any suggestions, ideas, comments, and other feedback regarding the Joyous Justice Sites, Joyous Justice Content, or Programs, you grant us the right to use such feedback without any restriction or compensation to you. 
  4. Objectionable Content.  If Joyous Justice may disable your Account and remove your access to Programs and Joyous Justice Content if you provide User Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Joyous Justice determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable; (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy; or (iii) holds Joyous Justice or its affiliates open to scorn or ridicule. 
  1. Joyous Justice Intellectual Property Rights:  Joyous Justice and any related product and service names and logos (the “Marks”) are the trademarks of Joyous Justice LLC or its licensors, in the United States, other countries, or both. Except for User Content and Third Party Content, all Joyous Justice Content is the intellectual property of Joyous Justice, its licensors, affiliated companies, or other third parties, and is protected by United States and foreign intellectual property laws. No Joyous Justice Content may be copied, reproduced, or distributed in any form without the prior written permission of Joyous Justice.  
  2. Copyright Infringement and Copyright Agent:  Joyous Justice will, in circumstances it deems appropriate, terminate a User’s Account and/or remove or disable access to Programs and Program Content, if the User’s provision of User Content, use of the Joyous Justice Sites, or participation in a Program is claimed to infringe the intellectual property rights of a third party. 

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Joyous Justice Site, please provide notice to the Joyous Justice Copyright Agent identified below and include the following information (“Notice”):

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed. 
  2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled. 
  3. A description of where the material that you claim is infringing is located on a Joyous Justice Site. 
  4. Information sufficient to permit Joyous Justice to contact you, such as your physical address, telephone number, and email address. 
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
  6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. 

The Joyous Justice Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Joyous Justice LLC
6400 Baltimore National Pike Ste 170A #162
Baltimore, MD 21228

By email: hello [at] joyousjustice [dot] com 

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A JOYOUS JUSTICE SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

  1. User Conduct:  By accessing the Joyous Justice Sites or participating in a Program, you expressly agree:
    1. Not to share your password with others or otherwise give another person access to your Account;
    2. Not to use, or attempt to use, the Joyous Justice Sites or Programs to share any content or information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person's privacy or proprietary rights;
    3. Not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Joyous Justice, or otherwise attempt to mislead with respect to a User’s identity;
    4. Not to use the Joyous Justice Sites to distribute malware;
    5. Not to break or circumvent our authentication or security measures, or otherwise test the vulnerability of our systems or networks; and
    6. That you are responsible for any third party fees incurred by you in obtaining access to the Joyous Justice Sites and Joyous Justice Content (such as Internet service provider or airtime charges).
  2. Reservation of Rights:  Joyous Justice reserves the right to:
    1. Determine whether a User has violated these TOU;
    2. Disable or suspend a User’s Account, access to Joyous Justice Sites, and/or participation in any Course as a result of our determination that the User has violated, or is going to violate, these TOU;
    3. Make changes to these TOU;
    4. Make changes to Joyous Justice Content, Third Party Content, User Content, and Courses;
  3. Payment:  
    1. Program Fees.  In order to participate in a Program, you must pay the fees required to register for that Program (“Program Fees”). We currently accept payment of Program Fees through PayPal. You must use valid payment information when purchasing any Program.  If Joyous Justice does not receive payment from your card issuer, you agree to pay Joyous Justice all amounts due immediately upon demand. Fees do not include, and you are responsible for, all sales, use and other applicable taxes. You are also responsible for any third party fees incurred by you in obtaining access to the Joyous Justice Sites and Joyous Justice Content (such as Internet service provider or airtime charges). Program Fees are subject to change upon notice. Such notice may be provided by an e-mail message to the User, or in the form of an announcement on the Joyous Justice Sites.
    2. Late Payments.  Certain Program Fees are payable in monthly installments. You must pay for all charges in full each month as set forth in this section. In the event of late payment, Joyous Justice reserves the right to suspend your access to the Program and/or impose a late payment fee and/or charge interest on any amounts overdue. Such late payment fee will be the lesser of: (1) one and one-half percent (1.5%) of such overdue payment per every thirty (30) day period or portion thereof; or (2) the maximum amount permissible by applicable law. You agree to pay all attorneys’ and collection fees arising from efforts by Joyous Justice to collect any past due amounts from you to the extent allowed by law.
    3. Processing Funds: All payment processing services for the Joyous Justice Sites are provided by the third party payment platform, PayPal, and are subject to the PayPal User Agreement. By agreeing to these TOU, you agree to be bound by PayPal User Agreement, as the same may be modified by PayPal from time to time. As a condition of the Joyous Justice Sites enabling payment processing services through PayPal, you agree to provide Joyous Justice accurate and complete information about you and, if applicable, your organization, and you authorize Joyous Justice to share such information and transaction information related to your use of the payment processing services provided by PayPal. You acknowledge and agree that all payments and monetary transactions are handled by PayPal. You acknowledge and agree that Joyous Justice shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including PayPal. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
    4. Refund Policy: Because of the extensive time, effort, preparation, and care that goes into creating Joyous Justice Content and providing the Services, we do not offer refunds for paid Services. You acknowledge and agree that you are not entitled to any refunds for any portion of fees paid by you in exchange for the Services. 
  4. General Terms:
    1. Compliance with Laws.  By accessing or using the Joyous Justice Sites or the Platform, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Joyous Justice Sites and the Platform. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Joyous Justice Sites to countries or persons prohibited under the export control laws of the United States. Joyous Justice makes no representation that the content on the Joyous Justice Site is appropriate or available for use outside the United States. If you have chosen to access the Joyous Justice Site from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable. 
    2. Legal Disclaimers. The Joyous Justice Sites, Joyous Justice Content, Course, and all information and content provided therein are for the convenience of Users and Participants. You acknowledge and agree that the User Content and Third Party Content include public contributions, that there are inherent limitations to the accuracy or currency of such information, and that such information may be incomplete, may contain inaccuracies, or may be based on opinion. JOYOUS JUSTICE DOES NOT ENDORSE ANY PROVIDERS NOR DOES JOYOUS JUSTICE SCREEN PROVIDER CONTENT OR THIRD PARTY CONTENT FOR ACCURACY OR TRUSTWORTHINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, JOYOUS JUSTICE AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE JOYOUS JUSTICE SITES, JOYOUS JUSTICE CONTENT, COURSES, OR INFORMATION AND CONTENT PROVIDED THEREIN. THE JOYOUS JUSTICE SITES, JOYOUS JUSTICE CONTENT, AND COURSES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOYOUS JUSTICE DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOYOUS JUSTICE SITES OR THE PLATFORM. JOYOUS JUSTICE DOES NOT WARRANT THAT THE JOYOUS JUSTICE SITES OR COURSES WILL OPERATE ERROR-FREE OR THAT THE JOYOUS JUSTICE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE JOYOUS JUSTICE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.  

 

  • LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES IS JOYOUS JUSTICE, ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE JOYOUS JUSTICE SITES, JOYOUS JUSTICE CONTENT, THIRD PARTY CONTENT, USER CONTENT, OR COURSES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF JOYOUS JUSTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

The above limitation applies to your use, misuse, or reliance upon the Joyous Justice Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Joyous Justice Site.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

  1. Indemnity.  You agree to defend, indemnify, and hold harmless Joyous Justice and its affiliates, subsidiaries, and their respective officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Joyous Justice Sites or participation in any Course; (ii) any violation of these TOU or applicable law by you in connection with your use of the Joyous Justice Sites or participation in any Course; (iii) any actual or alleged infringement by you, or any person accessing the Joyous Justice Sites or Courses using your Account Information, of any intellectual property or privacy or other right of any third party; or (iv) any unauthorized use of the Joyous Justice Sites or Courses utilizing your Account Information, whether or not known or authorized by you.  
  2. Governing Law; Arbitration. Any controversy or claim arising out of or relating to these TOU and the agreements and policies referenced herein, or the breach thereof, shall be governed by and construed in accordance with the laws of the state of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions, and shall be adjudicated by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator(s) shall be experienced in and knowledgeable about legal issues related to ecommerce and software as a service. The place of arbitration shall be Boston, Massachusetts. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  3. Force Majeure.  Under no circumstances shall Joyous Justice, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
  4. Entire Agreement; Waiver; Severability; Assignment. These TOU and the agreements and policies referenced herein constitute the entire agreement between you and Joyous Justice with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any failure by Joyous Justice to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect. You may not assign or delegate any rights or obligations hereunder. Joyous Justice may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.

These Terms of Use were last amended February 1, 2022.