Terms and Conditions
Please carefully read these Terms and Conditions (the “Agreement”). This Agreement has been prepared as a legally binding agreement between you (you or your) and Ja Joii, Inc. (Ja Joii) for the jajoii.com website (the Site).
Your use of the Site, including any purchases or returns of Ja Joii products made through the Site, is conditioned on your consent to the terms contained in this Agreement. By accessing and using the Site, you agree to be bound by the terms and conditions of this Agreement. DO NOT ACCESS THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE. Ja Joii reserves the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means in our sole discretion. Ja Joii also reserves the right, at any time, to modify or update its Privacy Policy in the same manner. From time to time, Ja Joii may present you with additional terms and conditions for specific services, programs or products (Additional Terms). In the event those Additional Terms conflict with or are inconsistent with this Agreement, this Agreement will control.
THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. PLEASE SEE SECTION III FOR DETAILS.
I. USE OF THE SITE
All written content prepared and posted by Ja Joii on the Site, and the Site design, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site (collectively, “Ja Joii Content”) are owned by or licensed to Ja Joii and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Ja Joii reserves all rights not expressly granted in, and to, the Site and the Ja Joii Content. No part of the Site and no Ja Joii Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Ja Joii’s prior express written consent. On the condition that you comply with all of your obligations under this Agreement, Ja Joii grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site. Any use of the Site in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site. Ja Joii reserves the right to withdraw or modify any content or products Ja Joii provides on the Site without notice.
You may not interfere with the presentation or delivery of the content on the Site or try to access the Site using any method other than the interface and the instructions provided by Ja Joii. As a condition of accessing the Site, you agree not to:
- Reproduce, copy, sell, resell or exploit any portion of the Site;
Use Ja Joii’s name, trademarks, or other materials in connection with, or to transmit, any unsolicited communications or emails; - Frame the Site, place pop-up windows over its pages or otherwise affect the display of its page;
- Use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools);Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose;
- Introduce any viruses or other material which is malicious or technologically harmful; or
Otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
Some features of the Site may allow you to upload content to the Site, such as through written comments, message boards, forums, or other means of uploading information. Any content you upload is referred to herein as your content. Your content may be shared publicly on the Site, and retained by Ja Joii for as long as required in relation to the purposes set out in the Privacy Policy, which can be viewed here. Ja Joii may continue to disclose your content to third parties, as described in the Privacy Policy. You agree to use the Site in accordance with all applicable laws. You also agree that you will not post any of the following content (Prohibited Content) on the Site:
- Content that defames, harasses, or threatens others;
- Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities;
- Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets;
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties;
- Advertising, promotional materials, or any form of commercial solicitation;
- Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing);
- Content that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, bigoted, racially offensive, pornographic, embarrassing, or that has any potential to cause any harm or damage to anyone as determined by Ja Joii in its sole discretion;
- Content that otherwise harms other users or visitors to the Sites; or
- Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
Ja Joii reserves the right to remove Prohibited Content of which it becomes aware, though it is under no obligation to do so.
Your content is your sole responsibility. Under no circumstances will Ja Joii be liable in any way for your content or for any loss or damage of any kind incurred as a result of the use of any of your content. You can post your content to the Site only if (a) you created and own the rights to the content, or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights – including copyrights, trademarks, or privacy rights – or violate any applicable laws, this Agreement, or any other posted policies. Ja Joii has the right, but not the obligation, to remove your content for any reason.
You are responsible for your content and any consequences from posting your content. This includes any personal information you include in your content. Ja Joii is not responsible for the consequences of sharing or posting any personal or other information on the Site.
Except as otherwise provided in this Agreement, you or the owner of any content that you post to the Site retain ownership of all rights, title, and interests in that content. However, by posting your content on the Site, you grant Ja Joii the irrevocable, royalty-free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution. Ja Joii owns all rights, title, and interests in any compilation, collective work, or other derivative work created by Ja Joii using or incorporating your content.
When you use a feature of the Site that allows users to share, readapt, modify, or combine user content with other content, you grant Ja Joii and other users of the Site an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
You acknowledge that Ja Joii reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site. Ja Joii, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any information which Ja Joii deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
The Site may contain links to other websites, including other Ja Joii websites, but also to third-party websites that Ja Joii does not control. Ja Joii is not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and Ja Joii does not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by Ja Joii or of any of the content, opinions, treatments, information, products, or services provided on these websites. This Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.
The Ja Joii Privacy Policy, which can be viewed here [insert link to privacy policy], describes how Ja Joii collects and uses personal information about you through the Site. You are responsible for protecting your account