Visionect d.o.o. (hereby Visionect) provides JOAN through getjoan.com (or joanassistant.com), the JOAN Portal and any other sites for which Visionect owns the domain registration (the “Site”), and the services made available by Visionect therein, including the Web Sites, Web Apps, Mobile Apps, and Subscription Services that allow you to access JOAN and to buy JOAN (collectively, “JOAN”) through registered access to the account.
Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE SITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”, “USER”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH JOAN. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas, including but not limited to the areas of JOAN through which you may purchase JOAN, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of JOAN, the Product-Specific Terms will take precedence with respect to your use of or access to that area.
Responsible Use and Conduct
Subject to the terms and conditions of these TOU, Visionect hereby grants to you a non-exclusive right to use and access the information, resources, services, software, products, and tools hosted and maintained by Visionect. You agree to use JOAN only for the purposes intended as permitted by (a) the terms of these TOU, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, the User understands that:
In order to access JOAN, you may be required to provide certain information about your Users (such as identification, contact details, etc. ) as part of the registration process, or as part of your ability to use JOAN. You agree to ensure that any information you provide to Visionect will be accurate, correct, and up to date.
The User is responsible for maintaining the confidentiality of any login information associated with any account the User uses to access JOAN. “User(s)” includes but is not limited to the User’s employees, User’s Authorized Users, representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied User identifications and passwords by the User (or by Visionect at the User’s request). The User will immediately notify Visionect of any unauthorized use of their Account.
Visionect reserves the right in its sole discretion to refuse to keep Accounts for, or provide them to any individual. Visionect reserves the right to suspend or terminate the User’s Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete.
Accessing (or attempting to access) any of the JOAN by any means other than through the means Visionect provides to the User, is strictly prohibited. The User specifically agrees not to access (or attempt to access) any of the JOAN through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with JOAN, including the servers and/or networks where JOAN is located or to which JOAN is connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell JOAN is strictly prohibited.
It’s really important to assemble, fit, and install JOAN devices correctly. Incorrect fitting and/or installation may result in personal injury or loss. Visionect is not liable if you don’t do it right. For safety reasons, no screws for attachment to walls are included, since every wall is different and their load-bearing capacity may vary. Getting help from a specialist or dealer may be necessary.
Only an authorized specialist may service the product.
Unauthorized opening and unprofessional repair operations may result in serious risks for the user (electrical shocks, fire hazards, and other electrical risks).
Do not use the product if the outer casing is damaged.
Do not use defective/damaged cables. A defective cable may result in electrical shocks or fire hazards.
Do not insert any foreign object into the product.
Caution! Lithium battery inside – risk of explosion.
The product may only be used in an indoor environment.
Do not expose to excessive heat or high temperatures.
Keep away from children.
For warranty and returns please see the Warranty and Return Policy here.
External Power Source
Input ratings: 5 V, 1A max.
Must be supplied from external power supply source that comply with requirements for Limited power source.
License and Intellectual Property
You agree that Visionect owns all rights, title, and interest to all intellectual property and other proprietary rights to anything related to JOAN, including, but not limited to trademarks, copyrights, prices, data, and website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You must not allow any third party to copy, decompile, disassemble, or otherwise reverse-engineer JOAN, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed by JOAN or its packaging and related materials. Visionect reserves all rights to the additional JOAN devices, webpages, services not specifically granted to you under these TOU.
Visionect grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of JOAN and Software. This license does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, descriptions or prices; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by Visionect or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Visionect without express written consent. You may not use any meta tags or any other “hidden text” utilizing Visionect name or trademarks without express written consent.
You may not distribute, reproduce, reverse-engineer, decompile, disassemble, or create derivative works of Software except for and only to the extent that the right to do so is mandated under applicable law. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license, or title to you other than those explicitly granted under these TOU. Unauthorized copying of the Software or failure to comply with the above restrictions can constitute a legal basis to claim damages.
JOAN is a trademark, applied for registration, owned by Visionect, and represents a valuable asset. Any improper use of JOAN or unauthorized use of the trademark for commercial purpose, regardless of the channel and media, will be deemed as infringement and enforced.
Nothing in these TOU shall require a transfer of any intellectual property rights, which shall remain vested with Visionect.
JOAN Trademark and Brand Policy for Preferred Partners
JOAN is an eco-designed digital door display and meeting room booking solution developed by Visionect, a global market leader in electronic paper signage. JOAN was designed exclusively for room booking and is the most advanced and greenest digital door display on the market. It is 99% more power-efficient than any other room booking signage solution.
We are excited that you have discovered the many benefits of organizing meetings with the help of JOAN, the eco-designed digital door display that is sure to change the face of meetings as we know them. To help you better interact with the JOAN brand and make the most of JOAN, please refer to the Usage Guidelines, the Social Media Guidelines and the Online Sales Guidelines provided below.
1. Usage Guidelines
The JOAN trademark and trade dress is protected internationally, and may not be used without our written permission.
Trademarks are valuable corporate assets that play an important role in promoting our products and services. However, they may be weakened or lost by improper protection, management and use.
These Guidelines define to properly acknowledge and preserve the JOAN trademark. It may be harmful to associate unrelated, unauthorised, brand-unlicensed products or services with JOAN to enhance greater business prosperity, as that may constitute trademark infringement – so please think about that and ask for permission. Do not alter or modify the JOAN mark or use it in a confusing way that suggests that JOAN sponsors or endorses you or your products or services, or confuses the JOAN brand with another brand.
If you are an authorized JOAN preferred partner, distributor or reseller, you should review your agreement to understand your authorization to use the JOAN trademark.
Setting up businesses, registering domain names, or social media usernames that contain any of JOAN trademark elements without permission is strictly prohibited. To ensure compliance, you must only use approved JOAN marketing materials and adhere fully to these Guidelines.
1.1. How to Use the JOAN Trademark
As an authorised partner, you will be allowed to use the JOAN trademark, however, it must be used properly.
Please adhere to the following rules:
Always use the trademark in the exact form in which it is shown (all capitals), and only for the products and services listed for that mark, according to form.
Always use the ® sign when referring to registered trademarks.
The application’s name cannot contain the terms JOAN, JOAN’s, JOANs’s … or their equivalent in foreign languages.
Never alter, modify, amend or abbreviate the trademark.
CORRECT: trademark + noun
“JOAN products/device/displays are used …”
“Buy Joans at …”
You can find more details how to use the JOAN logo and name in the Design manual. Contact us at [email protected].
1.2. Marketing Materials and Public Relations
We have prepared in advance all the marketing materials you will use for promoting and advertising JOAN; however, should you have another idea as to how JOAN might be promoted, feel free to send us your proposal for review. The use of unauthorized or unapproved material is strictly prohibited.
We are proud to have received the Red Dot and CES Innovation awards and are using both recognitions for endorsement purposes. However, it should be noted that the Red Dot Award and CES Innovation Award are trademarks in themselves and special care is needed when using both. The trademarks should not be used without prior written approval in any way, on any channel or in any form. Please see the Design manual for the Red Dot Award and the CES Innovation Award co-branding guidelines as they pertain to JOAN.
If you find any suspicious or unauthorized use of our trademark or other intellectual property rights, please inform us immediately at [email protected] (or [email protected]).
2. Social Media Guidelines
Social media is an important arena for organizational and individual development, however, enhancing brand value and protecting core assets may be very challenging in the digital world. These Guidelines are therefore a necessity of balancing the brand value and the freedom of expression online.
It is especially important to keep an eye out for:
any information that may be understood as confidential;
any posts, comments that may be seen as defaming our reputation and that of JOAN.
Information may be understood as confidential if it pertains to:
the organization, its people, partners, products or services, other confidential information, competitors, or other individuals and organizations related to us
information about current and future products, services or research
business and marketing plans or projections
earnings and other financial data
personnel information including executive and organizational changes
contractual relationships and customer databases
any facility and other strategic plants and venues of ours
All content on official social media accounts, including but not limited to likes, contacts, tweets or similar valuable information is owned by us. In the case of the dissolution of our business relationship, any and all passwords, usernames and other login data must be handed over to us.
Should you see misrepresentations of our product or services made by media, industry analysts, bloggers or social media users, you may certainly use your blog, social network account, or someone else’s to point that out. However, you may only do so in an official capacity, disclosing your affiliation with us and communicating in a respectful manner.
You are strictly prohibited from talking about any confidential information, especially revenues, future products or services, pricing decisions, unannounced financial results or similar matters, customer databases. In addition, you may never use your relationship with us exclusively for personal commercial gain.
When using someone’s copyright, trademarks or other intellectual property rights and also when using a natural person’s image and likeness, always ask for their approval. We protect our own intellectual property rights, but also respect those of others. When you do make a reference, link back to the original source where possible.
Please note that harassment, threats, intimidation, ethnic slurs, personal insults, obscenity, racial or religious intolerance and any other form of behavior prohibited in the workplace is also prohibited via social media channels.
2.1 Ambassadors on Social Media
Social media is a great channel to boost the sale and brand recognition of JOAN, however, there are certain limitations to its application, especially when dealing with celebrities and natural persons.
When using a celebrity as an “ambassador” for a product, you should always consider that this celebrity is a natural person, with a right to privacy which must prevail. Natural persons also have the “right of publicity,” which is the right of a person to control and make money from the commercial use of their identity. Please note that the rights of publicity prevail over freedom of speech.
To this end, please make sure that you either:
have the explicit consent of a person to be the brand ambassador; or
do not use the name, likeness or other identifying features of a person in connection with JOAN.
Rights of publicity prevails over freedom of speech.
The use of a celebrity’s image in connection with advertising may also expose a publisher to liability for false endorsement in cases when:
The use of a “word, term, name, symbol, or device” that is “likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association” or “as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person.”
An advertiser will be held liable where their use of a celebrity’s image creates a likelihood of consumer confusion as to whether the celebrity has endorsed the product or service.
3. Online Sales of JOAN
The preferred partner (reseller, dealer) must only take orders via publicly accessible e-commerce enabled web pages hosted on approved websites owned and operated by your company.
Selling on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited until our authorized approval is granted.
September 30, 2016
The Quality of Your Wi-Fi Connection
The quality of your network connectivity will critically influence all aspects of JOAN performance. JOAN is a thin client device, meaning that all of its operations take place online – which requires a stable connection with a server. If your Wi-Fi or internet connection is not stable and/or fast enough, this will affect JOAN’s interaction speed, battery life, system stability and more. In extreme cases this might cause a failure of JOAN to operate in the target environment. We are not responsible for the operation, availability, or failure of any network-connectivity related infrastructure, which could critically impact the performance of JOAN. Any failure in function of the JOAN device due to network connectivity is excluded from the warranty.
Using JOAN depends on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems, and the Internet, which involve facilities owned and operated by third parties. We are not responsible for the operation, availability, or failure of such third party systems or facilities.
Third Party Hosting Providers
Visionect also offers hosting services (“hosting”) via Google and Azure and you are bound by their Terms.
Notwithstanding the foregoing, Visionect:
(a) does not warrant that your use of hosting will be uninterrupted or error-free; or that hosting and/or the information obtained by you through hosting will meet your requirements; and
(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that hosting may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You shall be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
You shall defend, indemnify and hold harmless Visionect against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of hosting, provided that:
(a) you are given prompt notice of any such claim;
(b) Visionect provides reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
(c) you are given sole authority to defend or settle the claim.
Except as expressly and specifically provided:
(a) you assume sole responsibility for results obtained from the use of hosting and for conclusions drawn from such use. Visionect shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Visionect by you in connection with hosting, or any actions taken by us at your direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these provisions.
Visionect shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these provisions; and Visionect’s total aggregate liability in contract (including in respect of the indemnity above), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these provisions shall be limited the total Fees paid from you during the 12 months immediately preceding the date on which the claim arose.
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this TOU. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these TOU for all purposes.
This TOU are effective unless and until terminated by either you or Visionect. You may terminate these TOU at any time by notifying us that you no longer wish to use JOAN, or when you cease using JOAN Sites.
If in Visionect’s sole judgment you fail, or Visionect suspects that you have failed, to comply with any term or provision of these TOU, Visionect also may terminate these TOU at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to JOAN (or any part thereof).
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any related Terms and policies operating rules posted by Visionect on this site or in respect to JOAN constitutes the entire agreement and understanding between you and Visionect and govern your use of JOAN, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
These TOU and any related Terms and policies as well as separate agreements whereby shall be governed by and construed in accordance with the laws of Slovenia, with a competent court in Ljubljana.
You can review the most current version of the TOU at any time on this page.
Visionect reserves the right, at its sole discretion, to update, change or replace any part of these TOU by posting updates and changes to Visionect’s Sites. It is your responsibility to check Sites periodically for changes. Your continued use of or access to Visionect Sites or JOAN following the posting of any changes to these TOU constitutes acceptance of those changes.