mjoy
Terms and Conditions
Special Notice for all Providers of Programs allowing Access or Use of mjoy
These terms were last revised March 2nd, 2009.
Welcome to mjoy, a mobile web portal featuring free communications services and a growing number of mobile phone services. The mjoy service and network (collectively, "mjoy" or "the Service") are operated by Venista Ltd., London, United Kingdom, and its affiliates and subsidiaries (collectively, "us", "we" or "Company"). By accessing or using our site at www.mjoy.com or any other affiliated subpage or site ("Site") or by posting a link or shortcut to mjoy on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement"), whether or not you are a registered member of mjoy. Explicitly: By registering with mjoy or by accessing the Site you declare that you agree to the Terms and Conditions and Agreement, and you agree to be bound by before mentioned in your use of mjoy as well as in any action of yours affecting the Site. Additionally, you agree to be bound by these Terms and Conditions in all cases when linking to our service, providing external access to our Site and services, and when providing scripts, programs or similar that allow access to mjoy or that are in any way connected to our Site. Venista Ltd. reserves the right, at the Company's exclusive discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. In case of any alterations, the changes to the Terms and Conditions will be published on this page, and the date at the top of this page will indicate when the Terms and Conditions were last revised. If you continue using the Service or the Site after any such changes this will constitute your acceptance of the new or revised Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Service or the Site. You as the mjoy user are responsible to check the Site regularly for changes to these Terms and Conditions, and if there are any, to review such changes and deliberate your acceptance.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE INFORMATION HEREIN EXPLAINS YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS CONCERNING MJOY, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE ALSO MAKE SURE THAT YOU ARE UP-TO-DATE REGARDING ALTERATIONS OF OUR TERMS AND CONDITIONS.
Eligibility
This Site is intended solely for users who are 16 years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms & Conditions. By using the Service or the Site, you represent and warrant that you are 16 or older. Membership in the Service is void where prohibited.
Free mobile services, carrier limitations
mjoy makes Sites and Services available via your mobile phone, including (i) the ability to send and receive short messages on your mobile phone via your mjoy account without any charges by us being made to you for this communication feature, (ii) the ability to upload content to mjoy via your mobile phone, (iii) the ability to browse mjoy and its content and commercial offerings from your mobile phone, and (iv) the ability to access other mobile internet sites via mjoy services. All of these Services are free of charge. However, your carrier's messaging, data and other rates and fees still apply. We advise you to check with your mobile network operator (phone company) to find out what plans apply and what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your network operator, and not all Services may work with all carriers or devices. Therefore, you should check with your network operator to find out if the mjoy Services are functional within their jurisdiction and you should also check if they work for your mobile devices, and what restrictions may be applicable. By using the mjoy Services, you agree that we may communicate with you regarding mjoy and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mjoy account information to ensure that your messages are not sent to the person that acquires your old number.
Special notice regarding unsolicited mobile communication
Note that mjoy Services allow you to communicate with the people around you by means of free text messaging or other mobile communication services. You are under no means authorized to use this interface to send out unsolicited messages. By registering with mjoy you confirm that you will send SMS or other messages through the Service ONLY if you have prior consent for the receipt of the message from the recipient (or if you have sufficient grounds to establish assumption that the recipient will not find the reception of your message abusive, e.g. if you are communicating with a friend, acquaintance, or relative). Company explicitly states that unsolicited, commercial, massive, or other abusive use of the Service is strictly prohibited under these Terms and Conditions and may lead to legal action. Using the mjoy Post it! feature to post unsolicited, SPAM, commercial, or like messages is also considered a violation of this Agreement and leads to termination of your account.
Registration Data; Account Security
With acceptance of these Terms and Conditions and by using mjoy Site and Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"), e.g. your name, phone number, address, and age; (b) securely keep your password as well as your personal identification; (c) review and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully and personally responsible for your account and any actions connected to its use.
Proprietary Rights in Site Content; Limited License
The content on the Site and available through the Service (such as page and other designs, text, graphics, pictures, video, music, sound, information, applications, software and other forms of content, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. If you are eligible to use our Site (criteria stated above), you are granted a limited license to access and use the Site and Content and to download or print a copy of any portion of it which you have accessed exclusively for your personal, that means non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content (e.g. on web sites, mobile sites, in any other form of medium) or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. A license is granted by these Terms and Conditions that prohibits the use of any data mining, robots, scraping or similar data gathering or extraction methods regarding the Site and information or content on it. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate laws, including copyright and trademark laws, applicable communications regulations and statutes - and may lead to legal action by us or anyone with a legitimate claim against you stemming from this unauthorized breach of our Terms and Conditions. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
Trademarks
mjoy, Venista and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the United Kingdom, USA, and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of mobile phone services, internet or mobile web domain names, in connection with any mobile phone site or service, product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
When you use mjoy you state that you understand and that except for advertising programs and commercial services offered by us, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material - COMPANY STATES EXPLICITLY THAT THIS IS APPLIES TO YOUR USE OF MJOY MOBILE MESSAGING SUCH AS FREE SMS SERVICES AND OTHERS. OUR SERVICE IS BASED ON TRUST AND USEFULNESS AND SHALL NOT BE DIMINISHED IN ITS REPUTATION BY USERS' CONDUCT LEADING TO A NEGATIVE EXPERIENCE FOR ANY OTHER USER OR ENTITY. WE UNDERLINE THAT OUR MESSAGING SERVICES ARE INTENDED FOR PRIVATE USE ONLY AND ANY OTHER USE MUST BE EXPLICITLY AUTHORIZED BY US.
In addition, you agree not to use the Service or the Site to:
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Abuse the free SMS or other communications services for any commercial purpose or for any unsolicited form of messaging;
harvest or collect contact information, especially mobile phone numbers, of users from the Service or the Site for the purpose of sending unsolicited messages, calling without prior authorization, or using the information with commercial motives of whichever form;
behave in any unlawful manner or in any other way that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that may be deemed harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any user generated content such as photos or videos other than those of a personal nature (for which you can rationally assume a license, e.g. pictures showing you and friends in harmless manners);
join Services with more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
pretend to be any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
use another's account or attempt to use another's account, service or system without authorization from us, or create a false identity on the Service or the Site.
upload, post, transmit, link or shortcut to mjoy or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials or any other form of solicitation;
upload, post, transmit, share, store or otherwise make available any content that is legally classified as adult content and may not be made available to people minor to 18 years of age;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, explicitly including contact information and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, link or shortcut to mjoy or otherwise make available any material that is designed to interrupt, destroy or limit the functionality of a mobile communications device, a computer, or any equipment, hardware or software;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate laws and regulations;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the messages, photos, profiles (including your name, image, and likeness), notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms & Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we assume necessary in order to facilitate the posting and storage of the User Content on the Site. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license you granted us to use, copy, publicly perform, display, reformat, translate, excerpt and distribute will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. mjoy does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms & Conditions, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content as well as full liability for any claims arising from your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users to upload, post or otherwise transmit, especially by and of the Service's free communication featurs, on the mjoy Site or Service any materials that violate another party's intellectual property rights. If we are notified of alleged copyright infringements as described in our mjoy Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of the infringers as described herein. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us.
Copyright Policy
In order to keep Site and Services free from any copyright infringement, we state that we will pursue a strict policy of non-tolerance toward any infringer.
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Copyright Infringement Notification
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In case you believe that your own copyrighted work is accessible on the mjoy website or service in violation of your copyright, you may notify us. Please choose a form of notification that contains the following:
Identify in the copyrighted work or intellectual property that you claim has been infringed ij a form that allows us to locate the material. Please name briefly what item you own the copyright for and notify us how it is accessible on our site. For example, you may enter the exact path to the material or you may send a list of spots where you have found them.
Identify the URL or other specific location on the mjoy website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material, such as a URL.
If you deem that a copyright you own has been violated within our free messaging services, please give us reasonable information on where to find proof of this infringement, e.g. where to find a message that may constitute a breach of your intellectual property rights.
You must provide us the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Include 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.
Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number and email address.
You may submit this notification to us by E-Mail: copyright@mjoy.com
Please note that you may be liable for damages, including court costs and attorney fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
Upon receiving a proper notification as stated above in Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter notification procedure described in Section B.
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Counter Notification
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to us. To be effective, your Counter Notification must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the applicable jurisdiction by courts depending on where you live.
A statement that you will accept service of process from the party that filed the Copyright Infringement notification or the party's agent.
Your name, address and telephone number.
A statement under penalty of perjury that you have good faith to belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.
You may submit your Counter Notification to us by E-Mail: copyright@mjoy.com
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Copyright Infringement Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney fees. Filing a false form on this page constitutes perjury.
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Repeat Infringer Policy
Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Whoever during use of our Site and Services infringes copyrights must assume that Company will limit access to the Site and/or terminate the memberships, whether or not there is any repeat infringement. PLEASE TAKE CARE BEFORE POSTING INFORMATION THAT MAY BE PROTECTED BY COPYRIGHT. MJOY IS EXPLICITLY PROTECTIVE OF INDIVIDUALS' OR ENTITIES' CLAIMS AND WILL NOT ALLOW BREACH OF COPYRIGHT WITHOUT REGARD OF INDIVIDUAL MOTIVES.
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Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"), such as texts, video, photos, or any other information or content. We do not investigate, monitor, check for accuracy, appropriateness or completeness any Third Party Sites and Third Party Applications, Software or Content, and we are don't assume responsibility for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Link or shortcut to mjoy
Users of the Site may link or post shortcuts to mjoy on other sites, or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Link or shortcut to mjoy"). You acknowledge and agree that your use of the Link or shortcut to mjoy and all links, User Content or Third Party Applications, Software or Content shared through the Link or shortcut to mjoy is subject to, and will fully comply with the user conduct rules set forth above and any other rule set forth in these Terms and Conditions.
Use of Link or shortcut to mjoy by Content Providers
As subjected to these Terms and Conditions, Third Party Sites that meet the requirements set forth below may place a Link or shortcut to mjoy, in the form approved by Company, on pages of their web sites to facilitate use of the Link or shortcut to mjoy. A Third Party Site that posts a Link or shortcut to mjoy on its web site is referred to herein as a "Content Provider" and shall abide and be subject to the applicable sections of these Terms and Conditions. A "Link or shortcut to mjoy" is a text link/a graphical button appearing on a Content Provider's web page that enables us to launch a sharing mechanism through which users can link or shortcut to mjoy others or post to their own member profile, links and content from that page.
In the event that the Link or shortcut to mjoy is a graphical button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Link or shortcut to mjoy on Content Provider's site and solely in the current form provided by the Company. In the event that the Link or shortcut to mjoy is a text link, it must include the word "mjoy" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion. Upon such termination, Content Provider agrees to immediately remove all Links or shortcuts to mjoy from its site.
In order for a Content Provider to include a Link or shortcut to mjoy on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the mjoy user conduct rules (see above). Content Provider agrees not to post a Link or shortcut to mjoy on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including a Link or shortcut to mjoy, Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney's fees, arising out of or in connection with such Link or shortcut to mjoy, any links, content or other items or materials which may be shared or posted through such Link or shortcut to mjoy, or any breach or alleged breach of the foregoing representations and warranties.
By including a Link or shortcut to mjoy, Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Link or shortcut to mjoy in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Content Provider places the Link or shortcut to mjoy.
Special Notice for All Providers of Programs Allowing Access or Use of Mjoy
Any automated application, script, widget, program, bot, client, or similar that is used and made available in order to gain automated access to our Site and services must first be authorized by Company or it will be considered a breach of these Terms and Conditions and may lead to legal action against developer, provider and user. Providing, making available and/or selling such tools that allow access and use of mjoy or any of the features that form part of mjoy, or providing, making available and/or selling any tool that may limit mjoy user experience or limit mjoy's advertising or other commercial success, is a violation of this Agreement. Any third-party program, client, widget, script, bot, or product that allows users to access or use mjoy indirectly is in violation of our Terms and Conditions. We state explicitly that it is prohibited to sell, commercialise or make otherwise available to users tools, programs, scripts or similar that are designed to provide access to mjoy or to circumvent company's design of the use of the Site's features. Any third party selling products (such as scripts, widgets, applications) intended to allow access or use of mjoy or part thereof, or any third party that places advertising or commercialises likewise in the context of providing access to mjoy, will be considered in serious violation of these Terms and Conditions. Before you risk breaking this Agreement, ask for Company's agreement to your plans.
mjoy Platform Applications
The mjoy Platform enables third-party developers ("Developers") to create sites and applications within mjoy's framework that retrieve data made available by mjoy and its users and/or that retrieve authorized data from third-party sites for use within mjoy ("Platform Applications")
Developers may use the mjoy Platform and create Platform Applications only in accordance with the Terms and Conditions set forth in an agreement entered into between mjoy and the Developer ("Developer Terms and Conditions"). Any such agreement with a Developer has to be consistent with the rules and regulations laid down in these Terms and Conditions. ALL USE OF THE MJOY PLATFORM IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Users who install Platform Applications must agree to the terms and conditions set forth in the Platform Application Terms and Conditions ('Platform Application Terms and Conditions') and in these Terms and Conditions. The Platform Application Terms and Conditions are subject to change without prior notice, in the Company's sole discretion, so you should review these terms each time you install an application and from time to time. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Platform Applications. Platform Applications have not been approved, endorsed, or reviewed in any manner by mjoy, and we are not responsible for your use of or inability to use any Platform Applications, including the content, accuracy, or reliability of such Application and the privacy practices or other policies of Developers. YOU USE SUCH PLATFORM APPLICATIONS AT YOUR OWN RISK.
mjoy Special Profiles
mjoy Special Profiles are subpages / profiles used solely for commercial, political, or charitable purposes. You may not set up an mjoy Special Profile on behalf of another individual or entity unless you are authorized to do so. This includes fan mjoy Special Profiles, as well as mjoy Special Profiles to support or criticize another individual or entity.
MJOY DOES NOT PRE-SCREEN OR APPROVE SPECIAL PROFILES, AND CANNOT GUARANTEE THAT MJOY SPECIAL PROFILES WERE ACTUALLY CREATED AND ARE BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF IT. NOR IS MJOY RESPONSIBLE FOR THE CONTENT OF ANY SPECIAL PROFILE, OR ANY TRANSACTIONS ENTEREDt INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH SUBPAGE, INCLUDING HOW THE OWNER OF THE MJOY SPECIAL PROFILE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS
Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User") by Venista Ltd. or its corporate affiliates (collectively, "us", "we" or "the Company") through the mjoy Site and Service. By purchasing any products or services through mjoy , you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of mjoy are also governed by the mjoy Terms and Conditions.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on mjoy.
Purchase Qualifications; Account Security
To make a purchase on mjoy, you must be a registered mjoy User and comply with these Terms of Sale and Terms and Conditions. You explicitly and in accordance to your use of mjoy with regard to the mjoy Terms and Conditions acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. mjoy sells products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on mjoy only with the involvement of a parent or guardian. mjoy reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
We accept Visa, MasterCard, American Express, Discover and Diner's Club credit cards and certain debit cards, as forms of payment. By submitting an order through mjoy, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount.
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Delivery
Any tangible property purchased through the Site will be shipped to you and title to such products passes from Company to you upon shipment. With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
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Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error we reserve the right to correct such error and revise your order accordingly if necessary or to cancel the order and refund any amount charged. In addition, we may, instead of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. mjoy reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
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Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
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Returns
All tangible merchandise, other than special orders and as otherwise noted by Company, may be returned to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the deliverer must make a notation and should mark any damages. Boxes opened later and then damage noticed without deliverer making notation, is considered concealed damage. Company is not responsible for damaged incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company. All sales are final, non-cancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
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Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
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Limitation on Liability regarding Sales
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
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Governing Law; Venue and Jurisdiction
You agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and the Company or any of our affiliates.
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Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
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Other
These Terms of Sale and Terms and Conditions constitute the entire agreement between you and Company regarding purchases you make on mjoy, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms and Conditions, these Terms of Sale shall be controlling.
User Disputes
You are solely responsible for your interactions with other mjoy users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to our servers in the United Kingdom, USA, Malta and Germany, where it is being processed with full respect to your privacy.
We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to our servers in the United Kingdom, USA, Malta and Germany, where it is being processed with full respect to your privacy.
mjoy's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using mjoy, located at www.mjoy.com and its directly associated domains (collectively, "mjoy" or "Site")
By using or accessing mjoy, you are accepting the practices described in this Privacy Policy.
If you have questions or concerns regarding this statement, you should first contact our privacy staff at privacy@mjoy.com.
When you visit mjoy you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and use information collected by us as you interact with our Site and Services.
When you register with mjoy, you provide us with personal information, such as your name, your telephone number, your address, your gender, your birth date, and any other personal or preference information that you provide to us.
When you enter mjoy, we collect technical information such as what network you use, which phone you are accessing us from, what mobile browser you use, etc.. This information is gathered for all mjoy visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to mjoy. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use mjoy, you may set up your personal contact registry, a personal profile, form relationships, send messages, perform searches and queries, add applications, and transmit information through various channels and much more. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. It is an essential part of our free messaging service to have the relevant information regarding your communication through this Service available on our servers. Service is eased if you allow us to save this information within our infrastructure. Especially our free sms service is based on an online messaging service, which means that your contacts and past and current conversation through the Service is being stored on our servers to have it available for your use anytime. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
You post User Content on the Site at your own risk. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
Any improper collection or misuse of information provided on mjoy is a violation of the mjoy Terms of Service and should be reported to privacy@mjoy.com .
If you choose to use our service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's phone number. We will automatically send your friend a one-time instant message to the telephone number you provide us inviting him or her to visit the site. mjoy stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at privacy@mjoy.com to request that we remove this information from our database.
mjoy may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the mjoy service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.
People Under Age 16
mjoy does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register. If you are under 16, please do not attempt to register for mjoy or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 may provide any personal information to or on mjoy. If you believe that we might have any information from or about a person under 16 years of age, please contact us at privacy@mjoy.com.
Use of Information Obtained by mjoy
When you register with mjoy, you create your own profile. Your profile information, as well as your name, phone number, email and possibly your photo, are displayed to people in the networks specified in your personal settings to enable you to connect with people by mjoy. We may occasionally use your contact information to send you notifications regarding new services offered by mjoy that we think you may find valuable.
Profile information is used by mjoy primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your profile), other mjoy users may be able to supplement your profile.
Profile information you submit to mjoy will be available to users of mjoy who are authorized because they are affiliated to you or belong to your network or networks that you are affiliated with. Your name, network names, and profile picture thumbnail will be available in search results across the mjoy network and those limited pieces of information may be made available search engines outside the Site.
mjoy may send you service-related announcements. E.g., if a friend sends you a new message, or someone posts on your profile, or there is relevant activity in an account of someone you're closely associated with, you may receive a message to your mjoy inbox or an instant message to your phone alerting you.
mjoy may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like specific offerings, events, cultural offers, such as music, games, movies, etc. and personalizing advertisements and promotions so that we can provide you mjoy. We do our best to offer you a service that is suited to your needs. As advertising is an integral part of our funding and of our allowing you to use our Site and Services, we try to keep the advertising presented to you as close to your presumed interests as possible. If you state your consumer or other preferences explicitly within your profile, we have a much better chance to provide you the information that has a maximum of relevance for you. In most cases we do not hand out details about you individually to anyone (see: Sharing Your Information with Third Parties).
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, mjoy Platform developers and other users of mjoy, to supplement your profile. We will allow you to specify that you don't want this to be done or to take other actions that limit the connection of this information to your profile.
As part of optimizing advertising on the Site and in order to individualize your mjoy experience, we reserve the right to provide anonymized information regarding you to third party advertisers or likewise. We will strongly limit the personal data shared about you. However, we hereby reserve the right to share user information such as mobile phone numbers from your mjoy account with a select group of trusted partners.
Sharing Your Information with Third Parties
mjoy is about sharing information with others, at the same time keeping you in power of who can see your private details and who can't. We allow you to choose the information you provide to friends and networks through mjoy. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) helpful to you in terms of your personal interests, 3) legally required or, 4) permitted by you.
When you use mjoy, certain information you post or share may be shared with other users, e.g. if we make your friends aware that you have hooked up with a new friend within the Service or the Site. This sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, or other items or User Content, this information may become publicly available.
Links
mjoy may contain links to other websites outside of the Site. We are not responsible for the privacy practices of other web sites. This Privacy Policy applies solely to information collected by mjoy.
Third Party Advertising
Advertisements that appear on mjoy may be served directly to users by third party advertisers. They automatically receive your network identity when this happens. These third party advertisers may use technologies to measure the effectiveness of their ads and to personalize advertising content on your device. Doing this allows the advertising network to recognize your mobile phone when they serve you an advertisement in order to measure the effectiveness of their ads and to personalize content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are effective.
Changing or Removing Information
Access and control over most personal information on mjoy is readily available through the personal editing tools. mjoy users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their mjoy account may do so by contacting us or using the relevant function within the Site.
It will not be possible for you personally to remove any form of communication such as personal messages or entries on other people's profiles at your own discretion, however.
Security
mjoy takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL).
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by mjoy, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or link or shortcut to mjoy on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, mobile phone equipment, damage to User's or to any other person's mobile phone or other hardware or software, related to or resulting from using the Service, including any Mobile software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE LINK OR SHORTCUT TO MJOY AND THE SHOP SERVICE AND MARKETPLACE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND CUSTOMIZATION OR DOWNLOAD OF SOFTWARE, CONTENT OR MATERIALS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 16..The Company reserves the right to terminate your membership or to limit your mjoy account functionality without prior notice and without explaining you the reason if it sees appropriate grounds to believe that you have violated these Terms and Conditions, e.g. by spamming on the Site or by using the SMS tool to send unsolicited or other messages that contradict the Terms or the purpose of mjoy, which is generally of private, non-commercial character..
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of the United Kingdom, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the United Kingdom.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the mjoy shop services or marketplace may be arbitrated.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or link or shortcut to mjoy or through the Site (including through the Link or shortcut to mjoy), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.
Other
These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
