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Last Modified July 4, 2020
Joy Score Inc., helps consumers discover their Joy Score and provides resources to help increase joy and enhance wellbeing. The following Terms of Use outline your obligations when using Joy Score Inc. websites, mobile applications, technology and services. In these Terms of Use, Joy Score Inc. is referred to as “JoyScore,” “we,” “us,” or “our”; and you are referred to as “you” or “your.”
1. ACCEPTANCE OF TERMS
The JoyScore Internet site available at www.joyscore.co, the JoyScore mobile application, all related sites and mobile applications, and the various content, features, technology and services offered on and in connection with these sites and applications (collectively, the "Sites and Services") are owned and operated by JoyScore LLC and can only be accessed and used by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
JoyScore may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide JoyScore notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITES AND SERVICES
Subject to full compliance with these Terms of Use, JoyScore grants you a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their Content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of JoyScore. JoyScore may modify, update, suspend or discontinue the Sites and Services, in whole or in part, in its sole discretion for any or no reason, at any time and with or without notice. JoyScore shall not be liable to you or any other party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any Content, you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by JoyScore. As used herein, “Content” means any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials, that are submitted to or accessed from JoyScore and/or its Sites and Services. By way of example, and not as a limitation, you agree not to:
  1. intentionally or unintentionally violate these Terms of Use, other applicable agreement with JoyScore, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose, without the express written consent of JoyScore, which consent may be withheld by JoyScore in its sole discretion;
  5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on JoyScore’s infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with JoyScore, or otherwise attempt to mislead others as to the identity of the sender or the origin of Content you submit;
  7. knowingly provide or submit false or misleading information;
  8. use the Sites and Services if you are under the age of eighteen (18);
  9. take any action that would undermine the review and rating process under the Sites and Services;
  10. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
  11. use the Sites and Services in any way that could interfere with the rights of JoyScore or the rights of other users of the Sites and Services;
  12. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by JoyScore by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
  13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  14. transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
  15. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;
  16. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, or breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of JoyScore, including any JoyScore account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification information or information other than your own information, except as expressly authorized by JoyScore and provided for by the Sites and Services; or
  17. reverse engineer, decompile, or disassemble any of the Sites and Services by any means whatsoever, or alter, modify, or create a derivative work of the Sites and Services. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Sites and Services.
5. JOYSCORE ACCOUNT AND OTHER JOYSCORE SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide JoyScore with true, accurate, current and complete information as prompted by the JoyScore registration forms, when registering for or using the Sites and Services, (b) update and maintain the truthfulness, accuracy and completeness of such information and (c ) You agree not to share personal health information such as diagnoses, treatment information, medical test results or prescription information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and you are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination in JoyScore’s sole discretion. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of you submitting any Content or other materials to the Sites or Services, you agree that:
  1. you (i) grant to JoyScore a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, and publicly display such Content, create derivative works from such Content, and incorporate such Content into other works; (ii) grant to JoyScore all rights necessary to publish or refrain from publishing your name and address in connection with Content you submit to JoyScore; (iii) grant to JoyScore the right to sublicense the foregoing Content and related rights through multiple tiers, and (iv) acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
  2. you grant to JoyScore all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  3. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, JoyScore, and others as described and otherwise contemplated in these Terms of Use;
  4. you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
  5. you are solely responsible for your content, posts, messages, reviews, and ratings;
  6. JoyScore may, in its sole discretion, choose to remove or not to remove content once published;
  7. you will not submit any content that may be considered by JoyScore, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable, or that violate any relevant law or right of any other party;
  8. you will not submit content with hyperlinks; and
  9. the content that you provide do not reflect the views of JoyScore, its officers, managers, owners, employees, agents, designees or other users.
8. FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY. NOT MEDICAL, MENTAL HEALTH, FINANCIAL OR RELIGIOUS ADVICE.
The information provided in or through our sites and services is for educational and informational purposes only and solely as a self-help tool for your own use.
The sites and services are not intended to provide mental health treatment and do not constitute a client/therapist relationship. JoyScore does not provide diagnosis via its sites and services. The information provided on this site is not a replacement for the therapeutic relationship in psychotherapy or the coaching relationship. The information on this website is not intended to replace medical advice. You agree and acknowledge JoyScore is not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through JoyScore pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that JoyScore is not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Sites and Services. Do not disregard medical advice or delay seeking medical advice because of information you have read on JoyScore. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on JoyScore has not been evaluated by the Food and Drug Administration. The information contained in JoyScore is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on JoyScore is not legal or financial advice.
9. PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our Sites and Services. You acknowledge that you are participating voluntarily in using JoyScore and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this JoyScore, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from JoyScore to your life, family or business
10. NO GUARANTEE OR ASSUMPTION OF RISK
JoyScore’s role is to assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. JoyScore cannot predict nor guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through JoyScore. As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of JoyScore’s sites and services that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through JoyScore is to be taken at your own risk recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
11. TESTIMONIALS
JoyScore present’s real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. All testimonials, examples, or photos supplied by actual clients and colleagues were given with their complete explicit permission. They are not intended to represent or guarantee that current or future users will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
12. AFFILIATES
From time to time, JoyScore may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align. JoyScore may receive financial compensation or other rewards. Users are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that JoyScore is not liable in any way for any program, product or service that It may promote, market, share or sell on or through my it’s sites and services.
13. PUBLICATION AND DISTRIBUTION OF CONTENT
JoyScore cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that JoyScore acts as a passive conduit and an interactive computer service provider with respect to the publication and distribution of user-generated Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that JoyScore does not control, and is not responsible for user generated Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that JoyScore has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, JoyScore reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Sites and Services, you agree that it is solely your responsibility to evaluate and bear any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will JoyScore be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against JoyScore or any of its affiliates relating to Content, and you release JoyScore and its affiliates from any and all liability for or relating to any Content. JoyScore has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to info@joyscoreinc.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that JoyScore may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that Content will be retained, the maximum number of Content that may be submitted from an account, the length of Content sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that JoyScore has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that JoyScore has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. SERVICE PROVIDERS
JoyScore does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that, should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, JoyScore is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve JoyScore. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. JoyScore does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not JoyScore's policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that JoyScore will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. JoyScore does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You (a) agree that JoyScore is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, (b) waive the right to bring or assert any claim against JoyScore relating to any interactions or dealings with any Service Provider, and (c) release JoyScore from any and all liability for or relating to any interactions or dealings with Service Providers. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or Service Provider. You agree that JoyScore shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the JoyScore Sites and Services.
15. TERMINATION OF ACCESS
JoyScore may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that JoyScore reserves the right to take all actions, technical, legal or otherwise, to block, nullify or deny your ability to access the Sites and Services. You understand that JoyScore may exercise these rights in its sole discretion, and these rights shall be in addition to and not in substitution for any other rights and remedies available to JoyScore.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
16. INTELLECTUAL PROPERTY
The Sites and Services are protected by copyright, trademark, and other intellectual property laws and regulations. JoyScore owns the entire right, title and interest in and to the Sites and Services and in and to any and all associated intellectual property rights, worldwide.
JoyScore, and other Sites and Services’ graphics, images, logos, designs, page headers, button icons, scripts, domain names, trade names, service names and other source identifiers are the trademarks, service marks, and trade dress of JoyScore in the United States and foreign countries. You are not permitted to use such trademarks, trade dress or other intellectual property rights of JoyScore, including as part of other trademarks and/or domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and materials made available on the Sites and Services is protected by copyright law and/or other intellectual property law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of JoyScore and/or its licensors and are protected by all United States and international copyright and other intellectual property laws.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
JoyScore respects the intellectual property rights of others. It is our policy to respond expeditiously to legitimate claims of copyright infringement and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, or other notices of intellectual property infringement, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying JoyScore of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at info@joyscoreinc.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing JoyScore with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” info@joyscoreinc.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
18. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. JoyScore is not responsible for any delays, failures or other damage resulting from such problems.
19. USER FEEDBACK
JoyScore appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested in writing. Although we do value your feedback on our Sites and Services, please do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of JoyScore. In addition, none of the Submissions will be subject to any obligations of confidentiality and JoyScore will not be liable for any future use or disclosure of such Submissions by JoyScore or any other party.
20. WARRANTIES AND DISCLAIMERS
You acknowledge that JoyScore has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release JoyScore and its affiliates from all liability arising from your having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. JoyScore makes no representations concerning any content contained in or accessed through the Sites and Services, and JoyScore will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. JoyScore makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER JOYSCORE, NOR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, USE, DISCLOSURE, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF JOYSCORE, ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL JOYSCORE OR ANY OF ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL JOYSCORE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOYSCORE OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, JOYSCORE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES AND SERVICES SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF JOYSCORE AND ITS AFFILIATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
JOYSCORE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND JOYSCORE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
JoyScore has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release JoyScore and its affiliates from all liability for you having acquired or not acquired Content through the Sites and Services. Neither JoyScore nor any of its affiliates makes any representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and neither JoyScore nor any of its affiliates will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because JoyScore has no control over such sites and resources, you acknowledge and agree that JoyScore is not responsible for the availability of such external sites or resources, and JoyScore does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that neither JoyScore nor any of its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. INDEMNITY
You agree to indemnify, defend and hold harmless JoyScore, its affiliates, and their officers, directors, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to JoyScore or that you submit, transmit or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. JoyScore will have sole control of the defense of any such damage or claim.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOYSCORE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF JOYSCORE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY JOYSCORE OR THE FAILURE OF JOYSCORE TO PROVIDE THE SITES AND SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT JOYSCORE, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
23. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the Content on the Sites and Services has significant value to JoyScore and that the damage caused to JoyScore for any violation of these Terms of Use pertaining to such Content will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of JoyScore’s damages for the specified breaches of these Terms of Use:
  1. If you post Content in violation of these Terms of Use, you agree to promptly pay JoyScore One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
  2. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
  3. If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
  4. Except to the extent that JoyScore exercises its rights under the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by JoyScore, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
24. NOTICE
By use of the Sites and Services, you consent to receive electronic communications from JoyScore (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that JoyScore may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to JoyScore will be provided by either sending: (i) an email to info@Joyscoreinc.com; or (ii) a letter, first class certified mail, to JoyScore, LLC,2440 Cerritos Avenue, Signal Hill, CA, 90755, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
25. ENTIREE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and JoyScore. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and JoyScore regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to JoyScore under these Terms of Use.
26. GOVERNING LAW
These Terms of Use and the relationship between you and JoyScore will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that JoyScore may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
27. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with JoyScore, JoyScore may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. JoyScore's remedies are cumulative and not exclusive. Failure of JoyScore to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with JoyScore's prior written consent. We may transfer, assign or delegate the rights and obligations under these Terms of Use in whole or in part without your consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and JoyScore as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the parties released under Sections 8 and 15 shall be an intended third party beneficiary of these Terms of Use.
28. CONTACTING US
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at info@joyscoreinc.com. We will address any issue to the best of our abilities.