Terms of Use
WELCOME TO JOYCALENDAR.COM. THIS POLICY DEFINES THE RIGHTS, LIABILITIES, AND RESPONSIBILITIES OF OUR WEBSITE AND ITS USERS FOR THE WEB SERVICES PROVIDED BY JOYCALENDAR.COM.
CUSTOMERS ACCOUNT INFORMATION AND REGISTRATION
Welcome to the website ("Site") of Joy Company Inc. dba Joy Calendar ("Joy Calendar"). The Site is provided
as a service to our customers.
Please review the following terms and conditions of use, which
govern your use of the Site ("Terms"). Your use of the Site
constitutes your agreement to follow and be bound by the Terms.
We reserve the right to update or modify the Terms at any time
without prior notice. Your use of the Site after any such modification shall be
deemed your agreement to the modified Terms.
For this reason, we encourage you to review the Terms whenever you
use the Site. If you do not agree to the Terms, please do not use the Site.
By using the Site, you represent and warrant that you are of legal
age to form a binding contract or have the consent of a parent or guardian who
is of legal age.
SITE TRANSACTIONS
By placing an order with Joy Calendar, you are (i) offering to
purchase a product, (ii) representing that you are of legal age and capacity to
form a binding contract,
and (iii) representing that all information you provide to us in
connection with such order is true and accurate and you are an authorized user
of the payment method provided.
The receipt by you of an order confirmation does not constitute
our acceptance of an order. We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household or per order.
If we make a change to or cancel an order, we will attempt to
notify you.
All features, specifications, products, prices, discounts,
promotions, and offers described on our Site are subject to change at any time,
without notice. We have made every effort to accurately display the colors of
our products, but we cannot guarantee that your computer will accurately
display our colors.
All prices displayed on the Site are in U.S. dollars. We will add
applicable sales taxes and shipping fees as necessary. The risk of loss and
title for product(s) purchased pass to you upon our delivery of the product(s)
to the carrier.
Occasionally there may be information on our Site that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, promotions, offers, and availability.
We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information or cancel orders if any
information on the Sites is inaccurate at any time without prior notice
(including after you have submitted your order).
RIGHT TO CHANGE THE SITE
Joy Calendar reserves the right to modify or suspend the Site, or
any service, content, feature or product offered through the Site, or terminate
your right to access or use any portion of the Site, with or without notice, at
any time in our sole discretion.
You agree that we shall not be liable to you or to any third party
for any modification, suspension, or restriction of the Site or any portion
thereof.
ACCESS TO AND USE OF THE
SITE
You agree to access or use the Site solely for legal purposes as
allowed by these Terms. Among other things, you agree not to:
-
hack into the Site, or
modify another website so as to falsely imply that it is associated or
affiliated with the Site;
-
damage, disable,
overburden, transmit any worms or viruses or any code of a destructive nature,
or interfere with any other party's use and enjoyment of the Site;
-
violate any applicable
laws, rules or regulations in your jurisdiction (including but not limited to
trademark and copyright laws); or
-
access or attempt to
access any password-protected, secure or non-public areas of the Site without
our express permission.
For any portion of the Site that requires a user name or password,
you are responsible for all use of your account. The information that you
submit must be accurate, and you may not share your account, username, or
password with any other party or use the account, username, or password of any other
party.
You will be solely responsible for all activities undertaken and
all obligations made by you or through your account.
To the extent that the Site allows you to link your account to
various webmail, social networking, and other online accounts, you may only
link your own accounts.
By linking your other accounts, you expressly authorize us to
access your account information from those third party accounts, on your behalf
as your agent, and permit us to access, use and, in some cases, store your account
information to accomplish the foregoing.
CONTENT
Unless otherwise noted, the Site, and all materials on the Site,
including text, images, illustrations, designs, icons, photographs, video clips
and other materials, and the copyrights, trademarks, trade dress or other
intellectual property in such materials (collectively, the
"Contents"), are owned,
controlled or licensed by Joy Calendar.
The Site and the Contents are intended solely for personal,
non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Sites for your personal use only.
No right, title or interest in any downloaded Content is
transferred to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or exploit in any way any of the
Contents or the Site.
Any third-party Content, products, or services posted on,
transmitted through, or linked to from the Site are provided for are the sole
responsibility of the third-party originator of such Content.
If you choose to access any third-party Content, you do so at your
own risk.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED
AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT,
PRODUCTS OR SERVICES
.
CONTENT YOU PROVIDE
Joy Calendar is pleased to hear from customers and welcome your
comments regarding our products. To the extent the Site allows, you may post
comments, images, videos, sounds, names, designs, or other information
(collectively the "User Content").
The Site is publicly viewable and you should have no expectation
of privacy or confidentiality in any User Content you post.
You agree that any User Content you post will not violate any
right of any third party, including copyright, trademark, privacy or other
personal or proprietary right and will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Site.
You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or any third parties regarding the
source of any User Content. We take no responsibility and assume no liability
for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you
represent and warrant that you have the right to grant, Joy Calendar, its
affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce,
publish, distribute, sublicense, and otherwise disclose, prepare derivative
works of, or incorporate into other works, the User Content, for any purpose
without restriction and without providing any attribution or compensation to
you.
If you do not want us to use your User Content, please do not post
it to the Site.
PRIVACY
Please view our Privacy Policy (http://www.joycalendar.com/privacy-policy)
for more information.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING
SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
IN DISPUTES ARISING FROM YOUR USE OF THE SITE OR YOUR USE OF THE
PRODUCTS, WE WILL NOT BE LIABLE FOR ANYTHING OTHER THAN DIRECT DAMAGES (FOR
EXAMPLE, EXCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES).
THE TOTAL AMOUNT OF DAMAGES AWARDED TO YOU WILL ALSO BE LIMITED TO AMOUNTS
PREVIOUSLY PAID BY YOU TO US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY
You shall defend, indemnify, and hold harmless, Joy Calendar, its
affiliates, and each of its and its affiliates' employees, contractors,
directors, suppliers, agents, and representatives from all liabilities, claims,
and expenses, including reasonable attorneys' fees and other legal costs, that
arise from or relate to
(i) your use or misuse of the Site; (ii) violation of these Terms;
(iii) infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity; or (iv) any User
Content you submitted.
We reserve the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you
will assist and cooperate with us in asserting any available defenses.
COPYRIGHT POLICY
We respect intellectual property rights and will remove or disable
access to any material on the Site that infringes any copyright after being
properly notified by the copyright owner or the copyright owner's legal agent.
If you believe that any content on the Site violates your
copyright, please provide our copyright agent with the written information
specified below:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
- an description of the
copyrighted work that you claim has been infringed;
- a description of where
the material that you claim is infringing is located on the Site;
- your address, telephone
number, and e-mail address;
- a statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Please forward any notice of claims of copyright infringement on
the Site to:
Joy Company Inc.dba Joy Calendar
3463 Braemar Ln.
Corona, CA 92882
Attn: Legal
info@joycalendar.com
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of California,
U.S.A., without regard to conflicts of laws principles, as if this were a
contract wholly entered into and wholly performed within the State of
California.
You hereby consent to the exclusive jurisdiction and venue of
courts in the County of Riverside, California, U.S.A.,
for all disputes arising out of or relating to accessing or using the Site.
Access to or use of these Services is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this paragraph.
In the event of any legal action to enforce or interpret the terms
of this Agreement, the prevailing party in such action shall be entitled to
recover its reasonable attorneys' fees and costs.
If any provision in these Terms is invalid or unenforceable under
applicable law, including, but not limited to, the warranty disclaimers and
liability limitations set forth above, the remaining provisions will continue
in full force and effect,
and the invalid unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision.
No waiver of any breach of any provision of these Terms shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same
or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
All rights not expressly granted herein are hereby reserved. These
Terms are the entire and final agreement regarding your access to the Services.
CONTACT US
Inquiries regarding the Terms of Use may be directed to: info@joycalendar.com
Last Updated: June 30, 2022