Terms of Service
JoyLink LLC Terms of Service
JoyLink LLC provide our Services to the User as part of a live service software, subject to these Terms of Service. General terms and conditions of the User do not apply, regardless of whether or not we have expressly objected to them in a particular case. Only these terms and conditions apply.
These terms apply to the entire website and any email or other type of communication between you and Joylink. Under no circumstances shall Joylink team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Joylink team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Joylink will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
Please be advised that this Terms of Service contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Dispute Resolution). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. This applies to any of our existing products, and all features we may add to our Service over time. If a situation arises wherein we do not exercise or enforce any right or provision in the Terms of Service, in doing so, we are not waiving that right or provision. It is your responsibility to check and follow Terms of Services update and by using our Service you agree to do so.
Our Data Processing Agreement (DPA) under the European General Data Protection Regulation forms part of these Terms of Service.
Terms
User ("you", "your"): The website visitor and/or trial user or paying user of the Joylink web application/software, whether an entity or an individual.
Service ("website", "web application", "tracking script", "browser extensions", collectively "Joylink"): The Joylink web application (also called "Software"), tracking script (also called "snippet"), browser extensions, and the website, all of them in their most recent version.
Operator ("Company", "our", "us", "we"): JoyLink LLC, the developer of the Service.
User Data: any and all information, (personal) data or material, including visitor data from the User's website, submitted by User to the Service, and/or collected by us on behalf of the User, from the User's website or other third party's sources.
If you do not understand any of the terms of these Terms of Service, please contact us before using Joylink.
You may not access or use the Service unless you agree to comply with all of the Terms of Service outlined in this agreement. Any violation of these terms may result in the termination of your account.
Ownership and license
You may not claim intellectual or exclusive ownership rights to any of the Services. All Services are the property of the Company.
Subject to the Terms of Service, in particular payment of agreed-upon fees, we grant the User a non-exclusive, non-assignable, non-transferable, with no right to sub-license, worldwide limited right to use the Software for the duration of the subscription within the agreed scope and for internal business use only.
You may only reproduce the Software in so far as this is covered by the intended use of the Software as per the current performance description. Such necessary reproduction includes loading the Software in the working memory on the provider's server, albeit not, even only, temporary installation or storage of the Software on data media (such as hard drives or suchlike) of the hardware deployed by you.
You are also not permitted to decompile, disassemble or reverse engineer the Software. You have no claim to access to the source code or surrender of the source code for the Software.
Site Content
All site content, including imagery and documentation that is published on Joylink.io or its respective social media channels, is the property of the Company unless otherwise stated. You may not replicate the content without prior written consent. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of the Company.
4. User Registration and Subscription Services
You will be required to register and/or set up an account/profile to access, visit and/or use Joy Link Service or the Website, in which case you may be provided, or required to choose a password and/or User ID. You may provide a credit, debit, or payment account number, or other payment information, as well as your name, telephone number(s), email and/or street address. Other personal information such as your age, gender, and preferences may also be requested. In addition, you may be asked to provide us similar information by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). All of the foregoing information shall be referred to as your "Registration Information". We may use and share your Registration Information as described in our Privacy Notice. You agree, represent, warrant, covenant and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on Services. If any of your Registration Information changes, you are responsible for updating it promptly by using the mechanism or contact information on Services that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on Services, please notify us in accordance with our Privacy Notice Coordinator as described in our Privacy Notice. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION OR ORDERED PRODUCTS. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use Services by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use Services by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right at any time to remove, reclaim, or change a username or avatar you select if we determine, in our sole discretion, that such username or avatar is inappropriate, obscene, or otherwise objectionable. You are responsible for maintaining the confidentiality of your password to access Services, and you are solely responsible for all activities that occur under your password. You agree to immediately change your password and notify us here if you suspect or become aware of any unauthorized use of your password or any other breach of security related to Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else's use of your account.
Subscription Services
Joylink may be available only through creation of a subscription account and payment of a fee ("Subscription Services"), which may be accomplished through a third-party service provider. Through such Subscription Services accounts, you will have access to the Subscription Services. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party's use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity. By subscribing to Subscription Services, you confirm that you are at least eighteen (18) years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. Company and/or the particular service provider utilized by Company or otherwise incorporated into the Subscription Service reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges. If fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such fees to any other payment method you have on file with us and/or our third-party service providers; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use Services or any portion thereof, and/or the User Agreement/Terms of Service, including without limitation any of our purported obligations hereunder. Some Subscription Services are accessible only using a particular kind of device. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider's website. You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use Services. If you are accessing Services via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy. To cancel your subscription-to-Subscription Services, you must follow the procedures described by Company or on the applicable provider's website. If we or the applicable provider does not list cancellation procedures for a particular Subscription Service, you must contact us at admin@joylink.io We do not refund or prorate Subscription Services, or any other purchases made through Services. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
Chargebacks
We hope that your charge for the Service is never a surprise. You should get in touch first regarding requests for refunds or to inquire about unrecognized charges before issuing a chargeback with your bank. We reserve the right to dispute chargebacks if the charge is not fraudulent and no communication from you, the User, is evident.
Non-Subscription Services
You may be asked to register for certain activities in connection with Services other than Subscription Services. When you register, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. Company has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.
Provision of the Software and Support
We will make the Software available to the User in its most recent version via the internet for the duration of the subscription. For this purpose, we will set up the Software on a server that is accessible to the User via the Internet. The User must ensure an adequate internet connection.
We provide basic support at no additional charge. Please direct all support inquiries to the support email address. We answer all emails as quickly as possible, but do not guarantee a timeframe during which you will receive a response. Some plans include "priority support" which means that, when receiving a support request from you, we will prioritize it over other requests. Nonetheless, it does not guarantee a specific timeframe.
Further support service may be available to the User by agreement for separate remuneration.
Unless explicitly allowed under the law you undertake to not reverse engineer the Software especially not to decompile, observe, test, examine and reassemble in order to obtain confidential information.
Emails and marketing
You may receive email notifications stemming from your use of Joylink and consent to receiving such emails. Such emails may also include information regarding changes to this terms of service.
Data Protection
The Company undertakes to comply with the applicable data protection regulations, in particular those of the Regulation (EU) 2016/679 ("General Data Protection Regulation" β "GDPR"). Information and notices about the processing of personal data when using our Services, as well as about your rights in relation to such processing, can be found in our Privacy Policy.
The Company shall collect and use the User Data as a processor exclusively within the scope of the contractual purposes and as instructed by you. For this purpose, the parties shall conclude a Data Processing Agreement in accordance with applicable law.
Price changes
We reserve the right to increase the fees for the Service, however not with effect during the current billing period of the User. We are obligated to communicate a fee increase in writing (email shall suffice) to the User at least four (4) weeks before it takes effect.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We try to keep Joylink Service safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Joylink Service. Such functionality is subject to delays beyond Joylink's control.
You agree that you are making use of Joylink Service at your own risk, and that Joylink Service are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Joylink (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Joylink was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using Joylink Service.
- your use of or your inability to use Joylink Service.
- pricing, shipping, format, or other guidance provided by Joylink.
- delays or disruptions in Joylink Service.
- delays or disruptions in Amazon services.
- Delays or disruptions in Amazon affiliate services
- viruses or other malicious software obtained by accessing or linking to Joylink Service.
- If Joylink services are unavailable due to outage or other reason affecting service, and the links Joylink creates (Joylinks) fail to redirect, Joylink will not be liable for any lost revenue you.
- glitches, bugs, errors, or inaccuracies of any kind in Joylink Service.
- damage to your hardware device from the use of any Joylink Service.
- the content, actions, or inactions of third parties, including items listed using Joylink Service or the destruction of allegedly fake items.
- a suspension or other action taken with respect to your account or breach of this User Agreement/Terms of Service.
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement/Terms of Service or our policies.
- Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or $100.
WAIVER OF CONSUMER RIGHTS AND TEXAS DECEPTIVE TRADE PRACTICE ACT CLAIMS
You Agree that you are using Joylink Service you waive your rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. You also represent that you had consultation with an attorney of my own selection and that after such consultation you voluntarily consented to this waiver.
Release of Joylink
If you have a dispute with Amazon, Amazon Affiliates program, or one or more Amazon Resellers or other third party, you release Joylink (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
User Duty to Comply with Amazon Affiliate/Associates Program
Duty to Comply
It is the User's duty to comply with the Amazon Affiliate/Associates Program. JoyLink is designed to be used in connection with Amazon's affiliate program, but it is ultimately your responsibility to use it in a manner consistent with Amazon's Operating Agreement and policies. You acknowledge that if Amazon determines your use of JoyLink violates their terms, Amazon may suspend or terminate your affiliate account, and you assume all risk and liability for that outcome. JoyLink disclaims any liability for such actions by Amazon, and you agree Failure to do so imparts no liability on Joylink. Amazon is a separate third party that is not controlled by Joylink. User is wholly responsible for any actions taken by Amazon related to their affiliate/associates program with user. If the user's use of Joylink violates any Amazon Associates Program policies (intentionally or inadvertently), the user assumes all resulting risk and liability. Joylink will not be liable for any consequences, such as suspension from Amazon's program. that you will not hold JoyLink responsible for any loss of affiliate revenue or status."
Joylink Not Involved in Affiliate Agreements
Joylink is in no way involved in any of the affiliate agreements between any brand and the affiliate. Joylink has no control over any brand and affiliate. User understands that Joylink cannot control the brand or affiliate or when or whether a brand pays out to the affiliate. Users share items at their own risk, with the possibility they earn $0 if the brand does not pay out to the affiliates once the item is sold. In an instance where the brand does not pay, Joylink receives no funds and cannot pay user. User assumes this risk.
Disclosure and compliance
You are responsible to determine if and how you need to disclose your usage of Joylink to visitors of your website. The exact requirements for a privacy policy page can vary between jurisdictions. Your privacy policy is a legal document and making sure that it's accurate and compliant is your responsibility as a website owner. Joylink cannot give you legal advice. Make sure to have your privacy policy reviewed by a lawyer to ensure you're fully complying with the applicable laws in your jurisdiction.
Acceptance
By creating an account for the Service, you are indicating that you have read and agree with the Terms and Conditions detailed on this page.
Changes to Terms of Service
You acknowledge and agree that Joylink may stop (permanently or temporarily) providing Joylink Service to you or to users generally at Joylink's sole discretion, without prior notice to you. You may stop using Joylink Service at any time. You must cancel your subscription through the settings page of your online dashboard or by contacting admin@joylink.io. You do not need to specifically inform Joylink when you stop using Joylink Service, but you are responsible for canceling your subscription. You acknowledge and agree that if Joylink disables access to your account, you may be prevented from accessing Joylink Service, your account details or any files or other materials which is contained in your account. If we decide to change our User Agreement/Terms of Service, we will post those changes on this page or otherwise notify you, and/or update the User Agreement/Terms of Service modification date below.
Modifications to Website
Joylink reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Click Data
We may use click data from JoyLink to train ML algorithms to recommend deals. By using this website you agree to allow JoyLink or any affiliates to use click data and or otherwise such data to train ML algorithms or any other use JoyLink or affiliates deem appropriate.
Updates to Website
Joylink may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/ or functionalities of the website. You agree that Joylink has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that Joylink shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Joylink does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third- Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Joylink. Joylink may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Joylink, in the event that you fail to comply with any provision of this Agreement. You may terminate this agreement only with written notice to admin@joylink.io. Indemnification, waivers, intellectual property, copyrights, and limits of liability, and legal disputes survive any termination of this Agreement. Termination of this Agreement will not limit any of Joylink's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner's agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification of Joylink
You agree to defend, indemnify, and hold Joylink harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of Joylink Service; (3) breach of this User Agreement/Terms of Service; (4) any breach of your representations and warranties set forth in this User Agreement/Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of this User Agreement/Terms of Service with whom you connected via this User Agreement/Terms of Service (7) any action by Amazon, Amazon Affiliate/Associates Program, Amazon Seller, or affiliate against Joylink for your use of Joylink Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Severability
If any provision of this User Agreement/Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This User Agreement/Terms of Service, together with the Privacy Policy and any other legal notices published by Joylink, shall constitute the entire User Agreement/Terms of Service between you and Joylink concerning Joylink Service. If any provision of this User Agreement/Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement/Terms of Service, which shall remain in full force and effect. No waiver of any term of this User Agreement/Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Joylink's failure to assert any right or provision under this User Agreement/Terms of Service shall not constitute a waiver of such right or provision. YOU AND JOYLINK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO JOYLINK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this User Agreement/Terms of Service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. Failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this User Agreement/Terms of Service shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this User Agreement/Terms of Service preclude further exercise of that or any other right granted herein. In the event of a conflict between this User Agreement/Terms of Service and any applicable purchase or other terms, the terms of this User Agreement/Terms of Service shall govern.
Amendments to this Agreement
Joylink reserves the right, at its sole discretion, to modify or replace this User Agreement/Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Joylink. Oral Modifications are not permitted.
Entire Agreement
The User Agreement/Terms of Service constitutes the entire agreement between you and Joylink regarding your use of the Website and Joylink Service and supersedes all prior and contemporaneous written or oral agreements between you and Joylink. You may be subject to additional terms and conditions that apply when you use or purchase other Joylink's services, which Joylink will provide to you at the time of such use or purchase.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Joylink, its licensors or other providers of such material and are protected by USA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Joylink, unless and except as is expressly provided in this User Agreement/Terms of Service. Any unauthorized use of the material is prohibited.
LEGAL DISPUTES AND AGREEMENT TO ARBITRATE
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND JOYLINK HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes section, the term "related third parties" includes your and Joylink's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Joylink, and these entities' respective employees and agents.
You and Joylink agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Joylink (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement/ Terms of Service, your use of or access to Joylink Service, the actions of Joylink or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Texas, without regard to principles of conflict of laws, will govern this User Agreement/Terms of Service and any claim or dispute that has arisen or may arise between you and Joylink, except as otherwise stated in this User Agreement/Terms of Service.
Informal Negotiation
You agree that prior to commencing any legal proceeding or arbitration you will contact Joylink at admin@joylink.io to attempt to resolve any issue. This is a binding prerequisite to any legal action. Failure to comply will constitute a breach of this Agreement. If you cannot resolve your issue through contact with support, then Joylink and You will agree to do an informal zoom or other remote conference software negotiation to try to resolve the issue. If that cannot be done, then the parties will move the issues dispute resolution process below.
Required Mediation
Should the parties fail to agree reach an agreement on information negotiation. The parties agree to submit the dispute to a Mediation via Zoom with mediators licensed in Texas. Each side will pay half the mediator fee as is custom in mediations. You will contact Joylink at admin@joylink.io to set up the mediation. This is a binding prerequisite to any legal action. Failure to comply will constitute a breach of this Agreement and/or any Arbitration action being dismissed.
Binding Arbitration
If the Parties are unable to resolve any dispute, claim, action, cause of action, issue, or request for relief between you and Company arising out of or relating to Company, the Site, or this User Agreement/Terms of Service (collectively "Disputes") through informal good faith negotiations and mediation, which shall be a precondition to either party initiating arbitration, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR JURY. You and COMPANY are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fort Bend County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state court of Fort Bend County Texas or federal courts located in Harris County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this User Agreement/Terms of Service.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions/Class Action Waiver
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use including any alleged violation of a state privacy statute including the California Invasion of Privacy Act; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Opt-Out
You can decline this agreement to arbitrate by emailing us at admin@joylink.io and providing the requested information as follows: (1) your name; (2) your Address; (3) your username; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in the User Agreement/Terms of Service. The Opt-Out notice must be emailed no later than 30 days after the date you first accept the User Agreement/Terms of Service by using the Joylink Service.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non- proprietary and will become the sole property of Joylink without any compensation or credit to you whatsoever. Joylink and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Joylink may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through Joylink Service, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge. JoyLink's catalog may have incorrect / inconsistent data, and that you are responsible for verifying all the item data yourself before sharing with your audience.
Tracking Pixels
We use technologies, such as tracking pixels, on our website to personalize content and ads, provide social media features, and analyze our traffic. This allows us to understand your interactions and preferences, improve our services, and deliver personalized content.
Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies. By using our site, you consent to the use of these technologies and release any claims related to the use of Tracking pixels.
Miscellaneous Clauses
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement/Terms of Service. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship is intended or created by this User Agreement/Terms of Service.
If you are a California resident, in accordance with Cal. Civ. Code Β§1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will act against all breaches of this User Agreement/Terms of Service.
If you have any questions or concerns about these User Agreement/Terms of Service, please contact us at admin@joylink.io.