Terms and Conditions
The following are terms of a legal agreement (“Agreement”) between you and JoyTapp LLC and its affiliates (collectively, “JoyTapp”). By accessing, browsing and using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Read this Agreement carefully and be aware that JoyTapp may amend this Agreement at any time without notice by posting the amended terms on this Site. Amendments shall become effective immediately upon posting.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials contained in this Site is owned by JoyTapp or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of JoyTapp or the copyright owner. Permission is granted, however, to display (and download for page caching purposes only) the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this Site without JoyTapp’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of JoyTapp or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
HYPERLINKING AND THIRD PARTY WEB SITES
TRADEMARKS AND LINKING
The trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of JoyTapp. Other service marks, logos and trade names may be trademarks or service marks of others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written consent of JoyTapp. JoyTapp aggressively enforces its intellectual property rights to the fullest extent of the law. The name JoyTapp or any other Trademark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written consent of JoyTapp. JoyTapp prohibits linking to this Site and use of the name JoyTapp or any other Trademark as part of a link to or from any web site without JoyTapp’s prior written consent.
USER POSTINGS AND SUBMISSIONS
You acknowledge and agree that JoyTapp owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site or send to JoyTapp. You hereby waive any claim against JoyTapp for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with JoyTapp’s use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, “Submissions”), you automatically grant to JoyTapp a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. You acknowledge and agree that any information posted by you may be used by JoyTapp for any purpose, now or in the future, without any payment to or without the need for further authorization from you. You covenant and agree that you shall not post or otherwise publish on this Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute or that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iii) infringe the intellectual property, privacy or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. JoyTapp reserves the right to refuse to post and the right to remove any Submissions or other information, in whole or in part, for any reason.
NO SERVICES OR PROFESSIONAL CONSULTATION
Information made available to you through this Site is provided with the understanding that JoyTapp’s provision of this information does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, JoyTapp does not represent or endorse the accuracy or reliability of such information that is displayed, uploaded, downloaded or distributed through this Site by JoyTapp, any user, information provider or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole option and risk.
ACCESS TO THIS SITE AND ERRORS
There may be delays, omissions or inaccuracies in the information contained in the Site and JoyTapp makes no representations or warranties with regard to the any Site content. JoyTapp may alter, suspend or discontinue this Site or your access to the Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance, support, malfunctions of computer equipment or for other reasons. JoyTapp shall not be liable to you for damages that arise or result from your use of the Site, including, but not limited to damage to your computer system, software, data or operations. JoyTapp shall not be responsible for ensuring that any information or content contained on the Site is free from viruses or other malicious computer software code.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS CONTAINED THEREINARE DISTRIBUTED ON AN “AS IS”” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JOYTAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, JOYTAPP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JOYTAPP OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF JOYTAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JOYTAPP’ AND ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby agree to indemnify, defend, and hold harmless JoyTapp and its predecessors, successors, parents, subsidiaries, affiliates, members, managers, officers, directors, investors, employees, agents, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. JoyTapp reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement is governed and interpreted pursuant to the laws of the Commonwealth of Virginia, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Virginia. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Virginia in connection with any dispute or claim involving JoyTapp. If any part of these terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
JoyTapp prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any third party. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you must notify JoyTapp of your infringement claim in accordance with the following procedure. JoyTapp shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed infringement should be sent to this Site’s Designated Agent who is:
“Infringement”, JoyTapp, LLC 1200 18t St N.W. Suite 700 Washington, DC 20036-5012 Phone: (202) 808-3443
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
United States law provides significant penalties against those who submit false statements.
This Agreement constitutes the entire agreement between you and JoyTapp with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by JoyTapp.
Copyright © 2015JoyTapp LLC United States of America. All rights reserved.