Welcome to the JOY Application, which are owned and operated by ----, Inc., a ---- corporation, and its affiliates (collectively, the “Applications”).
The Applications may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the JOY online store, and (c) one or more Applications where other online content (including content provided by JOY , link users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our applications, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Applications) or you are a "Registered User" (which means that you have registered to use the Applications and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Applications and/or subscribe to the Services, and you are obliged to exit all of the Applications and discontinue any and all use of the Applications and the Services immediately.
3. Modifications. We may modify this Agreement from time to time, with or without notice to you, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Applications. By accessing and/or using any of our Applications after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Applications for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Applications and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Applications and/or the Services will be subject to this Agreement. From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
4. General Registration Requirements. Visitors are currently permitted to view only limited portions of the Applications prior to deciding whether to become a Registered User. Full access to the Applications and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Applications, you must complete the registration procedures displayed on the registration page(s) of the Applications and, where applicable, pay the required subscription fee. Some aspects of the Applications and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Applications. In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS 10+, and is compatible with iPhone, iPad, and iPod Touch; for Android, 5+, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
5. Age Requirements for Access and Use of the Applications. By accessing and using the Applications, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of any jurisdiction. Registration, subscription, access to and use of the Applications and the Services are not available to users under the age of 18 and are void where prohibited by applicable law. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf of such entity.
6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Applications, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Applications (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Applications and the Services (or any portion thereof).
8. Member Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Applications and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to ------------------ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. JOY will not be liable for any loss or damage arising from your failure to comply with this section.
10. Security Components. You acknowledge and agree that the Applications and the Services, and the software embodied within the Applications and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by JOY and/or content providers who provide content to JOY . You may not attempt to override or circumvent any such security components and usage rules embedded in the Applications and the Services.
11. Subscription Fees and Payment. Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize JOY to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 26 below (“Term and Termination”). JOY reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. JOY will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.
If JOY is for any reason unable to effect automatic payment via your credit card, JOY will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying JOY of any changes to your credit card information and to update your information if your credit card has expired. JOY may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify JOY.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any governmental authority, all of which taxes you are required to pay except for taxes based on JOY ’s net income. You are responsible for obtaining and providing to JOY any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that JOY may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to JOY. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to ---------------If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
12. Content. The content available at the Applications and the Services generally consists of (a) content owned by JOY , including but not limited to the trademarks, trade dress and “look and feel” of the Applications and content created and/or acquired and owned by JOY (“JOY Content”), (b) content owned by third parties and licensed to JOY for specified uses on the Applications and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Applications and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Application Content. ”
13. Ownership of Content. JOY does not claim ownership rights in any User Content that you post on the Applications or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), as between JOY and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.
14. License to Your Content. In order to be able to offer you the use of our Applications and the Services pursuant to this Agreement, you are required to grant a license to JOY to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Applications. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Applications or the Services, you hereby grant to JOY a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Applications and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Applications and the Services and/or the advertising, publicity, promotional and marketing materials for the Applications and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Applications and/or the Services, the decision will be made by JOY alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at ---------------- to request the removal of certain User Content you have posted, but JOY (i)has no obligation to remove any such User Content, (ii)may choose whether or not to do so in its sole discretion, and (iii)makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on JOY ’s servers after the User Content appears to have been removed from the Applications and/or the Services, and JOY retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Applications or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Applications and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
(a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App.
(b) not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights.
(c) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
INTELLECTUAL PROPERTY RIGHTS
1 acknowledge that (i) all intellectual property rights in and to the App belong to the JOY Companies or their licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.
2 In the event that you elect to share information with the JOY Companies through the App's "Email Us" function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the JOY Companies, (ii) the JOY Companies may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or JOY’s products or services as a result of your feedback are owned and controlled solely by the JOY Companies, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the "Email Us" function.
3 All trademarks, service marks, trade names, and logos are proprietary to the JOY Companies or used by JOY with the permission of its third-party providers. Nothing contained on in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of JOY. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
15. Prohibited Conduct. The Applications and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Applications and/or the Service to post or other transmit User Content that:
is patently offensive and/or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
harasses or advocates harassment of another person.
exploits people in a sexual or violent manner.
contains nudity, violence, or offensive subject matter.
solicits personal information from anyone under the age of eighteen (18).
provides any telephone numbers, street addresses, last names, or email addresses of anyone other than your own.
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”.
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members.
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
contains a virus or other harmful component.
16. Responsibility for User Content. You, and not JOY, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Applications and/or the Services. JOY does not control the User Content posted via the Applications and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity, or quality of such User Content. You acknowledge and agree that, by using the Applications and the Services, you may be exposed to User Content that you deem offensive, indecent, or objectionable. Under no circumstances will JOY be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Applications and/or the Services.
17. Rejection and/or Removal of User Content. You acknowledge and agree that JOY may or may not pre-screen User Content posted on our Applications, but that JOY shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Applications and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Applications and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, JOY shall have the absolute right to remove from the Applications and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of JOY, or to restrict, suspend, or terminate your access to all or any part of the Applications and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Applications and/or the Services by any person, please contact JOY by email at --------------------------
18. Limited License. JOY hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the JOY Content and the Third-Party Content located on or available through our Applications or Service (excluding any software code therein) solely for your single, personal, non-transferable, and non-commercial use in connection with viewing our Applications and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by JOY as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Application Content for any purpose whatsoever.
19. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Application Content by a Registered User that falls within what is allowed as “Fair Use” under the copyright and trademark law. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction, or transmission of any Application Content is permitted under any circumstances. The Applications and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of JOY. Unauthorized framing of or linking to any of our Applications is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by JOY from the Applications and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Applications and the Services.
20. Health and Medical Concerns. Some of the Application Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Applications and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Application and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. JOY, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Applications and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Applications and/or the Services. The Applications and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Applications and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Applications and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine, you must immediately cease the activity and seek the assistance of a physician.
21. Reservation of Rights. JOY Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. JOY and its third-party licensors own and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
23. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules, and regulations regarding the access to and use of the Applications and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside, and that restrictions on access to and/or use of some Application Content may apply to users based on their place of domicile, residence and/or use.
24. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. JOY reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
25. Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Applications or until terminated by JOY or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at --------------------, but any such termination and cancellation will be effective only after JOY has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with JOY.
JOY reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Applications and Services at any time, with or without notice to you, with or without cause, and without liability to you. JOY shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If JOY elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if JOY elects to do so without cause, then JOY will refund any unused portion of a pre-paid subscription.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 24 (“Registered User Disputes”), Section 26 (“Disclaimer of Warranties”), Section 27 (“Waiver of Claims”), Section 28 (“Limitation of Liability”), Section 29 (“Severability”), Section 30 (“Indemnity”), and Sections 33 through 39.
Upon suspension or termination, JOY shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
26. Disclaimer of Warranties. You acknowledge and agree that the Applications and the Services are offered without warranties of any kind whatsoever by JOY and/or the providers of Application Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Applications and the Services is at your sole risk. The Applications and the Services are provided on an “as is” and “as available” basis. JOY and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “JOY -Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Applications, and any third party Applications with which they are Applicational.
(b) The JOY -Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Application Content and/or other aspects of the Applications and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Applications and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Applications and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Applications and/or the Services, and/or if you use any product or service that you receive or learn about through the Applications and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the JOY -Related Parties JOY from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The JOY -Related Parties make no warranty that the Applications or the Services, the Site Content, and/or the information, products and services available through the Applications or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Applications or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, non-delivery, or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the JOY -Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Applications or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
27. Waiver of Claims. You hereby waive, release and discharge the JOY -Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
28. Limitation of Liability. To the fullest extent permitted by applicable laws, the JOY -Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Applications and/or the Services, and/or any Application with which they are Applicational, and/or any content, information, products or services accessible through the Applications and/or the Services, even if any of the JOY -Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the JOY -Related Parties to you for any cause whatsoever and regardless of the form of the action, will always be limited to the amount paid, if any, by you to JOY for the Services.
29. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by JOY. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
30. Indemnity. You agree to indemnify, defend, and hold harmless the JOY -Related Parties from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. JOY will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
31. Additional Terms. We may also require you to follow additional rules, guidelines, or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Applications, to obtain certain premium Application Content through our Applications, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Applications or on the portions of our Applications that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
32. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Applications and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Applications and/or the Services.
34. Choice of Law and Forum. This Agreement and the relationship between you and JOY shall be governed by the laws of --------------- without regard to its conflict of law provisions. You and JOY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of ---------------
35. No Waiver. The failure of JOY to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
36. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Applications, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Relationship of the Parties. You and JOY acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency, or other relationship is created between them.
38. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that JOY is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
39. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at ----------, or by mail at JOY, -----------------. Except as otherwise specified elsewhere in this Agreement, notices to JOY may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from JOY.
OTHER IMPORTANT TERMS
1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
(Including Children’s Online Privacy Protection Policy”
Effective and last revised on -------------------------.
3. Information Collected by the Applications. We collect two types of information from users of the Applications: personal information described below; and non-personal information such as information about traffic patterns on the Applications.
4. Personal Information. To access certain portions of the Applications, including the portions where the Services are offered, we require you to register and select a username and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.
When you make a purchase on one of the Applications, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Applications as a Visitor.
5. How We Use Your Personal Information. We use the information collected on the Applications for a variety of purposes, including, but not limited to, running the Applications and the Services, and contacting users. The Applications and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services, and benefits, to personalize the Applications for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Applications, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 8 below (“opt Out Procedures”) or by clicking on the "unsubscribe" Application in every e-mail from JOY. In addition, you can modify your information or change your preferences, as set forth in Section 9 below (“Reviewing or Changing Your Information”). Information obtained through the Applications and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Applications, including both offline and online sources.
6. Discussions and Community Tools. The Applications and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for JOY to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Applications or the Services. Please be considerate and respectful of others while using any chat rooms, forums, or message boards to share your opinion.
7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you Applicational to our Site. We use your information on an aggregated basis to do such things as operate our Applications, enhance our Applications, and sell and deliver advertising.
8. opt Out Procedures. You have the option to opt out of receiving information from JOY, the Applications and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Applications or the Services or receive any form of direct contact from JOY whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at-------------------.
9. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database, please log in and click the “My Account” Application on the various Applications or email us at ------------------.
We may employ third parties to perform services or functions on our behalf in order to improve our Applications, merchandising, marketing and promotional efforts, communications, or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving JOY 's services and offerings.
We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Applications, in the aggregate, to help us better market and serve our customers.
11. Children’s Online Privacy Protection Policy. The Applications and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Applications or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by JOY, please contact us immediately at ---------------- so that we may appropriate steps to remove such information from our database.
12. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
13. Your Consent. By using the Applications and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.
Community Posting Guidelines
At JOY, we believe in awakening to truths and new ways of being. In service to our transformative community, we strive to maintain a space that respects dynamic and diverse viewpoints that fuel the search for more.
With the Internet as an unprecedented tool for connectivity, we are all accountable to each other and responsible for how we show up here.
We have built JOY with incredible dedication to those who want to join us to make the world a better place. To this end, we see membership to our network and our community as a privilege, not a right. We insist that our members demonstrate respect for the people and opinions they encounter, remembering that words hold great power.
To ensure a safe space for discourse, we will remove comments if they are disrespectful toward others in our forum. In circumstances of hostility or disrespect toward other members, JOY, our hosts or guests, we may revoke membership entirely.
Conscious participation in this community is our collective commitment. We thank all of our members for their support to empower the evolution of consciousness.