These Terms of Use (“Terms”) govern your access to and use of Foko’s (“we”, “us” or “our”) websites, apps and services (collectively the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Acceptable Use Policy. By using the Service, you agree to be bound by these Terms and our Acceptable Use Policy. These Terms apply to all users and others who access or use the Service, whether or not you are registered as a user. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

Foko reserves the right to update and change these Terms of Use at any time and without notice by posting the amended Agreement on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.

USE OF OUR SERVICE

In order to use the Service, You will need to register with Foko and create an account. Your account gives you access to the Service and any features or functionality that we may establish and maintain from time to time and in our sole discretion. Your account will typically use the email address given to you by the company and/ or organization with which you are affiliated.

By providing Foko your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.

Foko reserves the right to maintain different types of accounts and offer alternative and/ or additional Services to administrative users or moderators that may not be offered to general users.

The Service is not intended to be used by children. You must be at least 13 years of age to use the Service.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account access code secure. You must notify Foko immediately of any breach of security or unauthorized use of your account. Although Foko will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Foko or others due to such unauthorized use.

Foko may refuse to permit your access to the Service without notice and liability, if, in our sole determination, you violate any of the Terms of Use or our Acceptable Use Policy. In addition, administrator and moderator users may be established to manage users and accounts associated with a given company or organizational email address. These administrator and moderator users associated with your company and/or organization may also delete your account or suspend your access to the Service without notice or liability. Upon termination for any reason, you continue to be bound by these Terms.

If you sign up for a Foko account with an email address provisioned by your employer, you must use it in compliance with your employer’s terms and policies.

CONTENT

Some areas of the Service may allow users to post or upload photos, documents, videos, web links, live broadcasts, feedback, comments, and other information (“Content” or, when posted by you, “your Content”) and to share Content with others. You retain full ownership of your Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your Content or intellectual property except for the limited rights that are needed to run the Service, as outlined in these Terms.

You are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (“upload” or “post”) on the Service. You retain ownership of your Content, but there are many things that users, moderators and third parties may do with your Content, for example, copy it, modify it, re-share it, delete it, or broadcast it. Foko has no responsibility for that activity and you should not share any Content which you do not wish to be copied, modified, re-shared or broadcast.

We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates our Acceptable Use Policy. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Agreement, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Foko, its users and the public. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

Foko takes no responsibility and assumes no liability for any Content that you or any other users post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Foko is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Foko shall not be liable for any damages you allege to incur as a result of such Content.

As needed to provide the Service or as otherwise permitted by these Terms, you grant Foko and its contractors the right, to use, modify, adapt, reproduce, distribute, display and disclose Content posted on the Service. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. You are solely responsible for your interactions with other Foko users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Users may delete their own Content but should be aware that Content transmitted to other users may still be made available by such users and Foko has no control over such users actions. In addition, administrator and moderator users may be established to manage Content associated with a given company or organizational email address. These administrator and moderator users may delete the Content of one or more corresponding users including your Content.

FOKO LICENSE TO YOU

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, personal license to use the Service. Foko reserves all rights not expressly granted herein in the Service. Foko may terminate this license at any time for any reason or no reason.

FOKO PROPERTY, COPYRIGHTS AND FEEDBACK

Except for your Content, the Service and its materials, including, without limitation, software, mobile device software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and photographs (the “Foko Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Foko and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, decompile, disassemble, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Foko Content or materials on the Service for any purpose not expressly permitted by these Terms is strictly prohibited.

You grant us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into our Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of our Services.

PRIVACY

We care about your privacy. Please refer to Foko’s privacy policy, available at foko.co for information on how Foko collects, uses and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with our privacy policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

COPYRIGHT COMPLAINTS

Foko responds to claims that appear to infringe any copyright or other intellectual property rights. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below:

DMCA Agent
Foko Inc.
customer@foko.co

You must provide the following information in writing in your DMCA Notice: Identify the copyrighted work that you claim has been infringed; Identify the material that is claimed to be infringing and where it is located on the Service; Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address; Provide 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 law; Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

THIRD PARTY LINKS

The Service may have links to third-party websites, services, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly relieve Foko from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties.

INDEMNIFICATION

To the extent permitted by law, you will defend Foko against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Foko’s actions); or, (b) violates applicable law or these Terms. Foko will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

NO WARRANTY

FOKO PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOKO MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOKO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF FOKO HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FOKO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL ONE MONTH OF YOUR SERVICE FEE FOR THE SERVICE OR TEN DOLLARS ($10.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

MISCELLANEOUS

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

The Services are controlled by Foko and operated by it from its offices in Gatineau, Quebec. If you choose to access the Services from locations other than Quebec, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Foko and its affiliates, officers, employees, agents, suppliers or licensors for your failure to comply with any such laws.

You and Foko explicitly agree that these Terms of Use shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You agree that any claim or dispute that arises in whole or in part from the Service shall be heard and resolved exclusively in a court of competent subject matter jurisdiction located in Gatineau, Quebec. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

These Terms of Use, together with any other legal notices and agreements published by Foko via the Service, shall constitute the entire agreement between you and Foko concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Foko’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Questions? Email us at customer@fokoretail.com