TERMS OF SERVICE
Last updated April 20, 2022
1. Acceptance of Terms
The Terms of Service (“Terms”) are entered into by and between you and Digital Joy, Inc. (“Digital Joy”, “us”, “our”, “we”). Please read these Terms of Service carefully as they form a contract between you and Digital Joy that governs your use of the Digital Joy website, www.digitaljoy.media (the “Website”), and the associated services and functionality offered through the Website by Digital Joy (the “Services”).
By using the Website and/or registering for any of the Services, you agree to be bound by the following Terms of Service, together with Digital Joy’s Privacy Policy. If you are using the Services on behalf of any organization, you are agreeing to these Terms for that organization and promising to Digital Joy that you have the authority to bind that organization to these Terms (in which event “you” and “your” will refer to that organization), however, if that organization has a separate written agreement with us covering the use of the Services, that agreement will govern. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OR ANY PROVISION THEREIN, DO NOT USE THE WEBSITE OR RELATED SERVICES AND EXIT THE WEBSITE IMMEDIATELY.
BY CHECKING THE BOX, COMPLETING THE REGISTRATION PROCESS, OTHERWISE AGREEING TO ACCEPTANCE, BROWSING THE WEBSITE, AND/OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE AND OUR PRIVACY POLICY.
2. Changes to these Terms
We reserve the right to make changes to these Terms from time to time at our sole discretion. We will date and post the most current version of these Terms on the Website. By continuing to access or use the Website and/or the Services, or any portion thereof, you agree to be bound by such changes. We are not obliged to notify you of any such changes, but we may (in our sole discretion) endeavor to inform you of any significant changes. Therefore, we encourage you to check the date of these Terms from time to time or whenever you visit the Website to see if these Terms have been updated.
3. Access to the Services
3.1 General License
You may use the Website and/or the Services on a non-exclusive basis, solely in strict compliance with (i) these Terms of Service, (ii) any applicable instructions, policies and guidelines provided by Digital Joy from time to time (or posted to the Website), and (iii) all applicable laws and regulations.
3.2 Legal Status
You may only use the Services if you have the right to form a contract with Digital Joy. If you do not have the right to form a contract, you may not use the Services. If you are an entity, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms of Service, and that you duly authorized your agent to bind you to these Terms of Service.
3.3 Embargoes
You may only use the Services if you are not barred from doing so under any applicable laws. If you are located in a country embargoed by United States or other applicable law from receiving the Services or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted use the Services. You warrant and represent that: (a) you will not use the Services in violation of any export restriction or embargo by the United States; and (b) you will not provide access to the Services to persons or entities on any of the above lists.
3.4 Minors
“Minors” for the purpose of these Terms are defined as individuals under the age of 13 (or 16 for European Union residents or a higher age as may be provided in certain countries). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
4. Your Account
To access certain Services, you may be required to obtain an account with Digital Joy (become a “Registered User”), by completing a registration form and designating a user ID and password. Until you register for and are approved for an account, your access to the Services will be limited to the Services that Digital Joy makes available to the general public. When registering for an account with Digital Joy, you represent and warrant that: (a) all information you provide is true, accurate, current and complete information about yourself as requested by the Service’s registration form (“Registration Information”); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. Digital Joy reserves the right to deny approval or withdraw approval of an account at any time in its sole discretion, with or without cause.
A Digital Joy account shall only be used by the Registered User. Any action or use of an account shall be deemed to be an action taken by the Registered User, and the Registered User shall be responsible for all Content (as defined in Section 8.1) and traffic originating from their account. Thus, a Registered User shall protect the confidentiality of their user ID and password and shall not permit a third party to access or use the Services on their behalf. Digital Joy will not be liable for any loss or damage resulting from any unauthorized use of your account.
5. Consent to Electronic Communications
By registering for an account with Digital Joy, you understand that we may send you electronic communications regarding the Services via the email associated with your account, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding the Services or other products and services.
You may revoke your consent to be included on email lists for marketing or other promotional purposes at any time by following the opt-out instructions provided in the e-mail message and/or sending a request to Digital Joy at: support@digitaljoy.media
6. FEES & PAYMEMT
6.1 Fees
Unless otherwise agreed in writing by you and Digital Joy (or a Digital Joy authorized reseller), the fees applicable to the Services (“Fees”) are available on the Website and/or in Digital Joy’s then-current published price list. You agree to pay to Digital Joy all Fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. At the conclusion of your current Service period, we will automatically renew the Services at the then-current price for the same subscription period. Unless otherwise provided, all Fees will be charged and paid in U.S. dollars and you will pay all Fees to Digital Joy, Inc.
Digital Joy reserves the right to change the Fees charged to you for the Services at any time, provided that, if there is a specific length of time and price for your Services already in effect, your current pricing will remain in force for that period of time. For Services billed on a subscription basis (if any), the change will become effective only at the end of the then-current billing cycle of your subscription. Additionally, for any of the Services offered to you through an authorized reseller, the applicable Fees will only be charged and increased in accordance with the terms of such agreement with the authorized reseller. Digital Joy will provide you with advance notice of any change in Fees.
If you do not agree to any such Fee changes, or would like to cancel (prevent us from renewing) your Services, you must cancel the applicable Services no later than three (3) business days prior to the conclusion of your current payment term. If you cancel, your Service ends at the end of your current Service period or payment period (as may be applicable). If you fail to cancel in accordance with these Terms of Service, we will automatically renew the Services at the then-current price for the same subscription period.
6.2 Payment
You will be billed using the billing method you select through your account and you authorize us to charge you, using such payment method selected, the applicable Fees for the Services and any paid feature thereof that you choose to sign up for while these Terms of Service are in force. We may charge you: (i) in advance, (ii) at the time of purchase, (iii) shortly after purchase, or (d) on a recurring basis for subscription Services. All purchases are final and all Fees or other charges for the Services are non-refundable. If you have elected to pay the Fees by credit card, you represent and warrant that you are authorized to use such credit card and that the credit card information you provide is correct.
You agree to keep all billing and payment information in your account current and you will promptly notify Digital Joy of any changes to such information by updating such information appropriately. You can access and modify your billing and payment information through your account on the Website. You may change your payment method at any time, however, your notice to us will not affect charges we submit to such payment methods before we reasonably could act on your request.
6.3 Late Fees
Except as prohibited by law, we may assess a late charge if you do not pay the Fees or other charges on time. You must pay this late charge when we bill you for them. The late charge will be the lesser of one and one-half percent (1.5%) of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Services if you fail to pay any Fee in full and on time.
6.4 Taxes
Except as required by law, all Fees paid by you to Digital Joy in consideration of the Services shall be exclusive of value added tax, sales taxes or any other taxes. All foreign, federal, state, county, local income taxes, VAT, and other taxes, or amounts in lieu thereof, levied or based on the fees paid by you to Digital Joy in consideration of the Service shall be paid by you with the exception of taxes based upon the Digital Joy’s net income. Should any payment, made by you to Digital Joy under these Terms, be subject to any withholding tax that you are required to deduct from any such payment, you shall, as quickly as possible, provide Digital Joy with receipts issued by the relevant government authorities for all such taxes withheld or paid by you and you shall fully and promptly cooperate with Digital Joy to provide such information and records as Digital Joy may require in connection with any documentation to be filed by Digital Joy with any relevant tax authorities/administration in order to obtain tax credits.
6.5 Free Trials
If available and/or offered by Digital Joy, you may be granted a free trial of the Services for a limited period of time. During the free trial, certain services and features may not be available. Unless otherwise agreed by Digital Joy, you are limited to one (1) free trial and are not eligible for a free trial if you already have an account with Digital Joy. Should Digital Joy find out that you have created multiple accounts to obtain a free trial of the Services in violation of the terms herein, Digital Joy reserves the right to suspend or terminate those accounts and take action to prevent additional violations.
7. Acceptable Use of the Services
You warrant and represent that you will use the Website and/or the Services in compliance with these Terms and all applicable laws and regulations. Without limiting the generality of the foregoing, you agree not to use the Website or the Services to:
- engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate the federal Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), as amended, Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. § 103 et. seq), the United States’ National Do Not Call Registry, Rules for Carriers Subpart L “Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising” (47 U.S.C. § 64.1200), and (if applicable) the Canada Anti-SPAM Legislation (S.C. 2010, c. 23);
- engage in behavior, or upload, post, email, transmit, submit or otherwise make available any Content, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable under any applicable laws;
- engage in theft or infringement of intellectual property rights or upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
- export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
- engage in fraud, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or any other deceptive practices;
- upload, post, email, transmit or otherwise make available any material that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users’ ability to use the Service;
- interfere with or disrupt the Services or servers or networks used by Digital Joy to provide the Services, or disobey any third party requirements, procedures, policies or regulations of networks connected to the Service;
- attempt to access another account, or share passwords and/or a single account among multiple users; the Registered User is the only person permitted to use the Services through such Registered User’s account.
8. Content
8.1 User Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials you transmit, store or process through the Website, Services and/or your account (“Content“) is solely your responsibility. Accordingly, you will be solely responsible for the nature, quality and accuracy of the Content, and ensure that the Content (including storage and transmission thereof) complies with these Terms of Use and any and all applicable laws and regulations.
You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights under this Section; and (b) the storage, use or transmission of the Content doesn’t violate any applicable law or these Terms of Service.
You hereby grant Digital Joy and its contractors the right to transmit, use and disclose Content posted on the Services solely to the extent necessary to provide the Services, as otherwise permitted by these Terms of Service, or to comply with any request of a governmental or regulatory body (including subpoenas and court orders), as otherwise required by law, or to response to an emergency which Digital Joy believes in good faith requires Digital Joy to disclose information to assist in preventing the death or serious bodily injury of any person.
8.2 No Obligation to Pre-Screen Content
You acknowledge and agree that we do not pre-screen, control, verify or endorse the Content that you and others make available on the Website and the Services. As such, you understand and assume the risk that by using the Website and Services, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Digital Joy does not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. Under no circumstances will Digital Joy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Website and Services.
Without limiting the foregoing, Digital Joy reserves the right in its sole discretion to pre-screen, refuse or remove any Content that violates these Terms of Service or is otherwise objectionable or illegal as determined in Digital Joy’s sole discretion. Digital Joy shall have no liability for the way in which Digital Joy may do so or if Digital Joy fails to do so.
8.3 Content Ownership and Feedback
You will retain all right, title and interest in and to your Content and Digital Joy shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services and/or Website, or any feedback, comments and suggestions you provide to Digital Joy (“Feedback”), you grant Digital Joy a worldwide, royalty-free, perpetual, and fully sublicensable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content and Feedback (in whole or in part) and to incorporate such Content into the Website, Services, other works in any format or medium now known or later developed.
9. Security
9.1 Account Protection and Unauthorized Use
You are solely responsible for maintaining the confidentiality, safety, and security of your account and account user ID and password. Additionally, you are solely and entirely responsible for any and all Content, activities, and transactions that occur on or through your account. Digital Joy will not be liable for any loss or damage resulting from any unauthorized use of your account.
You must immediately notify Digital Joy in writing of any unauthorized use of (a) any Content, (b) any account, or (c) the Services upon your discovery thereof. In the event of any such unauthorized use by any third party that obtained unauthorized access through you or your account, you will take all necessary steps to terminate such unauthorized use. You will provide Digital Joy with such cooperation and assistance related to any such unauthorized use as Digital Joy may request.
9.2 Service Interruptions & Security
You understand, acknowledge and agree that: (i) Your use of the Services may be suspended for the duration of any unanticipated downtime or unavailability of any portion or all of the Services on any grounds, including as a result of electricity outages, system failures or other interruptions; and (ii) Digital Joy may, without any liability to you, suspend access to any portion or all of the Services at any time: (a) for planned downtime to allow Digital Joy to carry out maintenance or proceed with modifications or improvements to any Services; (b) in the event of any attack on the Services or Website or of any other event that Digital Joy deems, in its sole discretion, to constitute a risk or threat/danger to the Services, to you or to any of Digital Joy’s other customers/clients; or (c) in the event that Digital Joy considers that any Services is prohibited by applicable law or should Digital Joy otherwise determine that it is necessary or needed to do so for legal or regulatory reasons. Digital Joy shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any Service suspension. Digital Joy will endeavor, but shall not be obligated, to provide you with notices of any such suspension and estimated resumption of the Services.
You acknowledge and agree that the Internet and telecommunication networks are inherently insecure. Digital Joy will make its best efforts to keep any information provided by you to Digital Joy secure, but cannot guarantee that Digital Joy will be successful at doing so. Accordingly, you understand, acknowledge, and agree that you bear sole responsibility for adequate security, protection, and backup of any of your Content. Digital Joy strongly encourages you, where available and appropriate, to use encryption technology to protect your Content from unauthorized access and to archive your Content as often as possible. Digital Joy shall have no liability towards you for any unauthorized access or use, corruption, deletion, destruction, or loss of any of your Content.
9.3 Google APIs
Digital Joy Studio use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
10. Privacy Policy
Your privacy is important to Digital Joy. The Digital Joy Privacy Policy [BL1] is hereby incorporated into these Terms of Service by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. You agree that Digital Joy may collect and use your data in a manner consistent with these Terms of Service and the Privacy Policy.
11. Updates to the Services
Digital Joy reserves the right, in its sole discretion, to make unscheduled deployments of changes, updates or enhancements to the Website and/or Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Website or Services altogether, or any part thereof, at any time and without any liability to you.
12. Marketing
You hereby grant Digital Joy a limited, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms, to use your trade names, trademarks, service marks, logos, domain names and the like for the purpose of identifying you as a customer and/or promoting or advertising the Services.
13. Termination, Suspension and Cancellation
13.1 Your Cancellation / Termination
You may cancel your account, terminate the Services, or choose not to renew the Services following then-current payment term or subscription period of such Services, at any time through your account. You may also send any such request to, support@digitaljoy.media, from the email address associated with your account, and including your account username and full name in the request email. To prevent any renewal of the Services, you must cancel the applicable Services no later than three (3) business days prior to the conclusion of your current payment term. If you fail to cancel in accordance with these Terms of Service, we will automatically renew the Services at the then-current price for the same subscription period. If you would like to know whether you are eligible to request a refund after cancelling your subscription, please refer to our Refund Policy outlined in Section 13.2. You acknowledge that if you cancel your account or terminate the Services, you may no longer have access to your Content through or stored in the Services.
13.2 Refund Policy
- Full Refund Policy within 7 Days
- Subscribers are eligible for a full refund if the refund request is made within 7 days from the date of purchase or renewal.
- To qualify for a full refund, the subscriber must have used less than 5% of the allowed responses in their subscription plan.
- No refunds will be issued for requests made after the initial 7 days, except as outlined in section (2) below.
- 50% Refund Policy Before Halfway to Expiry Date
- If a refund request is made after the initial 7 working days but before reaching halfway through the subscription period, the subscriber is eligible for a 50% refund of the subscription fee.
- No refunds will be issued for requests made after the halfway point of the subscription period.
- Non-Refundable Situations
- No refunds will be issued for one-time subscriptions or for any promotional or discounted subscriptions, unless otherwise stated in the specific promotion terms.
- No refunds will be issued for requests made after the halfway point of the subscription period.
- How to Request a Refund
- To request a refund, please contact our customer support team at support@digitaljoy.media with your subscription details and the reason for your refund request.
- Our support team will review your request and process your refund if it meets the criteria outlined above.
- Processing Time
- Refunds will be processed within 5 working days of the approval of your request. The refund will be issued to the original payment method used at the time of subscription.
- Changes to This Policy
- We reserve the right to modify this refund policy at any time. Any changes will be posted on this page and will be effective immediately upon posting.
- For any questions or concerns regarding our refund policy, please contact our customer support team at support@digitaljoy.media.
13.3 Suspension & Termination by Digital Joy
Digital Joy may, in its sole discretion, temporarily suspend or terminate your account and/or access to the Services, at any time, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your account or access to the Services in the event (i) of your actual or suspected breach or violation of any provision of these Terms of Service, (ii) Digital Joy reasonably believes that you are using the Services in a way that may harm the rights, interests, reputation or properties of Digital Joy, another user of the Services, or any third party, (iii) you use the Services for any illegal, unauthorized or unlawful purposes; (iv) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; or (v) planned or unplanned downtime, or technical problems. If, in Digital Joy’s determination, the suspension might be indefinite and/or Digital Joy has elected to terminate your account or access to the Services, Digital Joy will use commercially reasonable efforts to notify you through the Services and/or by the email address associated with your account. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to your Content through or stored in the Services.
In addition to other termination provisions, if your account is not currently subject to a payment period or other paid subscription plan with us, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User; or (b) you do no engage in any activity in your account for any period of one hundred and twenty (120) consecutive days. In the event of any such termination, any Content you may have stored will be lost.
13.4 Effect of Termination
Any expiration/termination/cancellation of these Terms on any grounds shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination/expiration. In particular, Sections 6, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, and any applicable definitions will survive any expiration/termination/cancellation of these terms.
14. NO WARRANTY
14.1 GENERAL DISCLAIMER
DIGITAL JOY PRIVODES THE WEBSITE AND THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, MATERIALS AND ANY OTHER DATA OR INFORMATION, “AS IS,” “WITH ALL FAULTS” AND “AS AVIALABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL JOY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITHOUT LIMITATION, ANY WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPNENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLED WARRANTY OF MERCHATIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARIRSING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USUAGE OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE FORGOING EXCLUSIONS, IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14.2 Third Party Services and Content
The Website and/or Service may contain links to other websites, advertisements of third parties and/or feature materials, programs, products, and services provided by third parties. We make no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services, the content or appropriateness of content of such third party websites, or any other materials, programs, products, and services which such third-party materials, products, and services may access. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such third party website, service or product. Your correspondence or any other dealings with third parties found on the Website and/or Services are solely between you and such third party. Accordingly, Digital Joy expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website and/or Services, and you agree that Digital Joy shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Digital Joy Website and/or Services.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIGITAL JOY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENETS, SUPPLIERS OR LICENSORS WILL BE LIABLE HEREUNDER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THESE TERMS OF SERVICES, THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, DIGITAL JOY AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO FEES ACTUALLY PAID BY YOU FOR THE RELATED SERVICES IN THE IMMEDIATELY PRECEEDING THREE (3) MONTHS OR FIVE DOLLARS ($5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN SUCH EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
16. INDEMNIFICATION
To the extent permitted by law, you shall indemnify, defend and hold harmless Digital Joy and any of its affiliates from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Digital Joy as a result of any claim (including any claim by any third party), any judgment, or any adjudication against Digital Joy related to or arising from (a) your use of the Website and or the Services; (b) a claim that any Content provided by you infringes the intellectual property rights of a third party; or (c) your violation of these Terms of Service or any applicable law or regulation. Digital Joy will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
17. Digital Joy Intellectual Property
Digital Joy reserves all right(s), title(s) and interest(s) in and to: (a) the Website; (b) the Services; and (c) all other Digital Joy properties (including all intellectual property and proprietary rights, all Digital Joy marks and all Digital Joy technology and software provided or used by us to provide the Website and Services to you). You shall under no circumstances, acquire any ownership interest(s) or right(s) in the Website, the Services, the Digital Joy properties, the Digital Joy marks, or such other technology and software, except for the limited use and access rights granted to you by Digital Joy under these Terms of Service.
18. Dispute Resolution & Governing Law.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by binding arbitration in Palm Beach County, Florida, conducted in the English language, applying the law of the State of Florida, under the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted by a single arbitrator jointly appointed by the parties; provided, however, that if the parties cannot agree within thirty (30) days after the initiation of the arbitration, then the arbitrator shall be appointed by the President of the AAA in Miami. The arbitrator shall resolve disputes regarding arbitration procedures. The arbitrator may proceed to an award notwithstanding the failure of the other party to participate in the proceedings. The arbitrator shall be authorized to grant interim relief, including preventing the destruction of goods or documents involved in the dispute, protecting trade secrets and providing for security for a prospective monetary award. In no event shall punitive damages be assessed against either party. The non-prevailing party shall pay all of the prevailing party’s arbitration and court costs, reasonable attorney’s fees, and legal interests on any award or judgment in favor of the prevailing party. If a matter hereunder is brought to arbitration, the award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in the state and federal courts located in Palm Beach County, Florida, which shall have exclusive jurisdiction over the parties hereto and to which jurisdiction the parties hereby submit, for judicial acceptance of the award or order of enforcement. Notwithstanding anything contained in this Section to the contrary, Digital Joy shall have the right to institute judicial proceedings against you in order to enforce Digital Joy’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.
19. Notices
19.1 Notice by Digital Joy
Digital Joy may provide you with notices related to the Services and/or these Terms of Service (including those regarding changes to these Terms or notices of breach and/or suspension) through the Services and/or by email to the email address associated you’re your account. In the event that the email address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required and/or permitted hereunder, Digital Joy’s dispatch of notice to such email will nonetheless constitute effective notice.
19.2 Notice to Digital Joy
You may provide you with notices related to the Services and/or these Terms of Service to Digital Joy at the following address: Digital Joy, 6400 W. Boynton Beach Blvd., Suite 740486, Boynton Beach, FL 33474. Please do not send any sensitive information to us; we will not be responsible for any such information provided.
20. Copyright Policy
It is Digital Joy’s policy to respect copyright and intellectual property rights of others. Digital Joy may remove Content and/or that any account that infringe or appears to infringe the copyright or other intellectual property rights of others. Digital Joy responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may contact Digital Joy’s agent for claims of copyright infringement at: support@digitaljoy.media
Federal law requires your DMCA notice to include the following information: (i) identification and/or description of the copyrighted work that you claim has been infringed; (ii) identification and/or description of the location of the material with a enough detail so that we may locate it; (iii) your address, telephone number, and e-mail address; (iv) a statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in your notice is accurate, and (c) that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (v) your physical or electronic signature.
21. GENERAL PROVISIONS
21.1 Equipment
You shall be solely responsible for obtaining and paying for all equipment(s) and third-party communication services (including Internet access, telephone access and email accounts) necessary in order to access and use the Service.
21.2 Force Majeure
Digital Joy shall not be liable for any default, delay or failure in performing any of its obligations under these Terms of Service if such default, delay or failure is caused by circumstances beyond Digital Joy’s reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21.3 Severability
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the extent permissible under applicable law, and in any event, deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
21.4 Waiver of Rights
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Digital Joy’s failure to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of such right or provision.
21.5 Assignment
Digital Joy may assign, transfer, or otherwise dispose its rights and obligations under this Terms of Service, in whole or in part, at any time without notice. You may not assign this Terms of Service or transfer any rights to use the Services without Digital Joy’s prior written consent. Any attempt by you to assign, transfer or otherwise dispose of your rights and obligations under this Terms of Service without our consent will be null and void.
21.6 Independent Contractors; No Third-Party Beneficiaries
Each party is an independent contractor in the performance of each and every part of these Terms of Service. There are no third-party beneficiaries to these Terms of Service.
21.7 Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the use of the Website and the Services and supersedes any and all prior or contemporaneous agreements, proposals and communications, written or oral between Digital Joy and you.
QUESTIONS?
Contact us with any questions or comments regarding the Website or these Terms, including the Privacy Policy, at: support@digitaljoy.media. Please do not send any sensitive information to us; we will not be responsible for any such information provided.