Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE JOYSDOWN WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These terms and conditions apply to the website located at www.joysdown.com (the “Website”) and the design and content featured on this Website including text, materials, clothing and other product designs, product information, graphics, artwork, images, “look and feel,” photography, audio and video clips or content, employment opportunities, software, data and other information on this Website as may be updated from time to time (the “Content”). By accessing and using this Website and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Website and/or the Content. If you do not agree with these terms and conditions, do not access or use the Website or the Content.
Consent and Restrictions
Please note that your use of this Website and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to the terms of this Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Website and/or any Content without notice to you.
Website Content Ownership and Permitted Use
The Website and Content and all intellectual property rights in the Website and Content are owned by Joysdown Inc. or its affiliates (“Joysdown,” “we” or “us”) or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Website, the Content, or any copyright or other proprietary notices on any Content.
Notwithstanding the foregoing, music may not be copied except only as necessary to access the Website. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Website or the Content. The Content is protected by law, including, but not limited to, copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved.
The Content is for information purposes only and should not be relied upon as accurate, timely, or fit for any particular purpose. Any pricing set out on the Website or in the Content is for informational purposes only and is not an offer open for acceptance by you.
Links to Third Party Websites
We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s website whose link appears on the Website. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Website and our terms and policies no longer govern. Joysdown is not liable for such third party websites or their contents nor does Joysdown have any control or power over such third party websites.
Trade-marks
“JOysdown” and any other trade-marks, trade names, logos, slogans and images are trade-marks of Joysdown Inc. in applicable jurisdictions and may not be copied, imitated or used, in whole or in part, without the prior written permission of Joysdown or the applicable trademark holder.
User Content
By posting or distributing any comment, message, data, information, text, music, sound, photos, graphics, or other content (“User Content”) to the Website,
you (a) grant to Joysdown and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world;
(b) grant Joysdown and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose;
and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Website;
(ii) the User Content is accurate and not misleading;
and (iii) use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
User Content submitted by users is deemed non-confidential, and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that
(a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto;
(b) you do not oppose the publication, use, modification, deletion and exploitation of the User Content by Joysdown or its agents;
(c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content;
and (d) you release Joysdown from any claims that you could otherwise assert against Joysdown by virtue of any moral rights. Joysdown takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
Prohibited or Unlawful Use
You represent and warrant that you will not use our Website and/or the Content for any purpose that is either unlawful or prohibited by any of these Website Terms of Use.
You agree not to provide your personal profile sign-in information and password to any person and not to use our Website and/or the Content in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of our Website.
You may not misrepresent your identity as a user or submit any false, misleading or untrue documentation or information to our Website. You agree not to send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending spam.
You agree not to reverse engineer any aspect of the Website or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data.
You agree not to “frame” the Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. Joysdown, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that we may have against you, to refuse service, terminate accounts, and/or cancel orders for any reason whatsoever, including, without limitation, if we believe that your use of our Website contravenes these Website Terms of Use, violates applicable law or is harmful to Joysdown’s interests.
