Jeboah Miranda Enterprise Inc.  Blazer Application

TERMS OF USE (“Terms of Use” or “Terms”)         Updated February 1, 2021                        

Please read these terms carefully before using the Blazer Application

1. Agreement to Terms of Use

These Terms apply to your (“You” or “User”) access, download and use of the Blazer Application (the “Blazer Application” or “Application”) which is password protected, owned and hosted by Jeboah Miranda Enterprise Inc.  (“JME”, “We”, “Us”).  The Blazer Application (including all content, graphics, interfaces, trademarks, logos, design, "look and feel" of the Blazer Application) are the property of JME and licensed to Jeboah Miranda Foundation (“JMF”). The Blazer Application is protected by Canadian, United States and international copyright laws and copyright treaties as well as other intellectual property laws and treaties.

BY USING THE BLAZER APPLICATION, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION.  USERS MUST BE AT LEAST 16 YEARS OF AGE AND MUST CHECK THE BOX BESIDE THE TERMS OF USE.  If User is 16 or 17 years of age the term “User” applies to User’s parent(s) or guardian(s) who have authorized User’s use of the Application.

Your access and use of the Application is conditional on your agreement, acceptance and compliance with these Terms of Use. We and JMF reserve the right to suspend or cancel your access to the Application without notice if there is any breach of these Terms.

JME reserves the right, at its sole discretion, to modify these Terms of Use, at any time. It is User’s responsibility to check these Terms periodically for changes. User’s continued access and use of the Blazer Application means that User has accepted and agreed to any changes in the Terms of Use.

2. Grant of Rights Limitations

As long as User complies with these Terms of Use, JMF grants User a non-exclusive, non-transferable, limited privilege to access, download and use the Blazer Application in accordance with these Terms for the Application’s intended purposes, which is limited to User’s personal use.

User obtains no right, title or interest in the Application, or any right, title or interest to any intellectual property rights in the Blazer Application.

User may not use any process or device to circumvent any controls or gain unauthorized or unlawful access the Blazer Application.

3. Registration, Passwords and Security/User’s Data

To access, download and use the Application, User must first register as instructed by JMF as it appears when first downloading and opening the application. JMF will assign User access permissions to log in.  

User is entirely responsible for maintaining the confidentiality of the access permission information for User’s account, including password, and for any and all activity that occurs under User’s account as a result of failure to keep this information secure and confidential. User agrees to notify JMF immediately of any unauthorized use of User’s account or password, or any other breach of security.

User’s data (for example: name, age, school contact details, gender, ethnicity, disabilities etc.) (“User Data”) may be collected but all personal identifiers (name, contact information, email, phone number) will be stripped from User Data and User Data will be fully anonymized (“Anonymized Data”) by JME prior to any disclosure to any third parties.  User’s Anonymized Data may be disclosed either alone or aggregated with other User’s Anonymized Data to third parties for the purpose of: obtaining funding for the Blazer Application, providing and improving the services offered by the Blazer Application in accordance with our privacy policy.

User has the ability to delete the Blazer Application by clicking the “delete this app” text at the bottom of the settings page and following the steps outlined on their mobile device. User may choose not to update the Application, which may make the Application fail to operate on User's device.  Once the Blazer Application is deleted, User Data will be deleted from our servers except as required for legal and regulatory compliance purposes.

4.  Limitation of Liability

JME and JMF DO NOT WARRANT THAT: THE BLAZER APPLICATION WILL BE UNINTERUPTED OR ERROR FREE, THAT ALL ERRORS IN THE BLAZER APPLICATION WILL BE CORRECTED, THAT THE BLAZER APPLICATION WILL RUN ON ALL DEVISES, OR IDENTIFIES ALL KNOWN BUGS AND FLAWS.  THE BLAZER APPLICATION IS PROVIDED ON AN “AS IS” BASIS, AND JMF AND JME DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW Or STATUTE.  JME and JMF MAKE NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE BLAZER APPLICATION WITH RESPECT TO ITS ABILITY TO PRODUCE ANY PARTICULAR RESULT.

USER UNDERSTANDS AND AGREES THAT USER IS SOLELY RESPONSIBLE FOR HOW THE BLAZER APPLICATION IS USED AND FOR ANY AND ALL CONSEQUENCES THAT RESULT FROM ITS USE BY USER.  NEITHER JME, JMF, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS, AGENTS AND/OR AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR ANY PERSONAL PHYSICAL OR MENTAL HARM, INJURY OR DEATH (INCLUDING SUICIDE) OR ANY BUSINESS-RELATED ADVERSE CONSEQUENCES WHATSOEVER, ARISING OUT OF THE USE OF THE BLAZER APPLICATION BY YOU.

USER’S SOLE REMEDY AGAINST JME OR JMF FOR DISSATISFACTION WITH THE BLAZER APPLICATION IS TO STOP USING THE BLAZER APPLICATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES FOR USER’S USE OF THE BLAZER APPLICATION. 

User agrees that JME, JMF and their employees, officers, directors, volunteers, agents and/or affiliates will not be liable for any general, special, incidental or consequential damages of any kind or nature which may be suffered by User arising out of the use or failure to use the Blazer Application.

The disclaimer set out above also applies to any damages, liability or injuries caused by any failure of the Blazer Application performance or any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Application, whether for breach of contract, tort, negligence or any other cause of action including failure to meet any intended purpose or desired result.

5. Indemnity

User agrees to indemnify and hold JME, JMF its respective officers, directors, employees, agents, volunteers and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against any of the foregoing by any third party due to or arising out of or in connection with User’s use of the Blazer Application.

6. Applicable Law

The Terms of Use are governed by the laws of Ontario. User irrevocably agrees to the jurisdiction of Ontario and the laws of Ontario and Canada.

7. General Provisions

The Blazer Application may contain software or other materials licensed from third parties. All trademarks are the property of their respective owners.  These Terms supersede any other understandings relating thereto.

All notices to JME can be sent by email at keynotespeaker@jeboahmiranda.ca.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between User and JMF (and JME where applicable) with regard to User’s use of the Blazer Application, and any other agreements or understandings previously existing between You and JMF or You and JME with respect to such use are hereby superseded and cancelled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.