Last Modified: July 11, 2018
Accepting the Terms
We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
ANY PARTICIPATION IN THE SITE, AFTER RECEIVING NOTICE OF ANY KIND, ACTUAL, INQUIRY, ETC, WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
Joyency respects your privacy and is committed to protecting it through compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Joyency or any third party; and/or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.
When you use the Site’s services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Joyency services, and you can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Age of User
The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information or make any purchases through Site. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at PO Box 2731, Sioux City, IA 51106 or firstname.lastname@example.org
Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Site, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline, or ANY OTHER INFORMATION THE SITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (”personal information”);
- that is about you but individually does not identify you; and/or
- about your internet connection, the equipment you use to access the Site and usage details.
We collect this information:
- directly from you when you provide it to us;
- automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
- from third parties, for example, our business partners.
The information we collect on or through the Site may include:
- information we collect through automatic data collection technologies;
- information that you provide by filling in forms on the Site, including information provided at the time of registering to use the Site, subscribing to or our service or purchasing our product, posting material, or requesting further services;
- records and copies of your correspondence (including email addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes;
- details of transactions you carry out through the Site and of the fulfillment of your orders (You may be required to provide financial information before placing an order through the Site.); and/or
- your search queries on the Site.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and functions, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the Site according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Site.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Site and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Site or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the order form or contact us form. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Joyency’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Joyency about our Site users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Site, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Joyency, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices about How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
Accessing and Correcting Your Information
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at PO Box 2731, Sioux City, IA 51106.
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Product Descriptions and Site Errors
All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any error or omissions in that information. Any reliance on the material on the Site is at your own risk.
Joycency products include instructions for use and care that should be followed to minimize risk of injury or harm. Joyency markets products intended for adult use and not for use by children, but if used by children, adult supervision is required. Joyency’s products are specifically designated for outdoor, tailgating purposes, where alcoholic beverages may be consumed. We do not condone the use of alcohol consumption by individuals under the legal drinking age, and we encourage responsible use of alcohol at all times.
Our goal is to display information as accurately as possible, including the applicable colors. However, the actual color you see depends on your device set-up, and Joyency cannot guarantee that your device will accurately display such colors.
Reviews, Comments, Communications, and Site Conduct
You may submit content, suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You may not use false credit card, debit card, or other payment information; in the event you do, you agree to fully indemnify Joyency. Joyency reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit material, and unless we indicate otherwise, you grant Joyency a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Joyency and sublicensees the right to use the real name, username, image, likeness, caption, location, or other identifying information that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Joyency for all claims resulting from content you supply. Joyency has the right but not the obligation to monitor and edit or remove any activity or content. Joyency takes no responsibility and assumes no liability for any content posted by you or any third party.
The Site does not process debit cards, credit cards, or take other payment processing information. Payment processing is handled through third-party services. The Site will likely contain links to such services. While Joyency abides by the terms and conditions set forth on third party sites where Joyency is hosted, Joyency is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Joyency strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. YOU MUST ABIDE BY AND ADHERE TO THE TERMS AND CONDITIONS ON SUCH THIRD-PARTY SITES IN ADDITION TO THOSE SET FORTH BY JOYENCY. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Joyency of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.
YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Return, Refund, and Risk of Loss
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Joyency reserves the right at any time after receipt of your order to accept or decline your order for any reason. Joyency reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. Additionally, all orders are subject to the customs and export laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.
All items purchased from Joyency are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All returns, replacements, and refunds are governed by Joyency’s warranty https://joyency.com/warranty
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, these rights are valid and protect in all forms of media and technologies existing now developed in the future, and is the sole property of Joyency.
Joyency does not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Choice of Law
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration, rather than in court. You may assert claims in small claims court if your claims qualify. Arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Both you and Joyency agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than an arbitration, we each waive any right to a jury trial.
Disclaimer of Warranties
JOYENCY IS PROVIDING THE SITE TO THE USER “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS.” THE USER IS USING THE SITE AT THEIR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, JOYENCY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT THE SITE ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.
JOYENCY MAKES NO WARRANTY TO MAINTAIN USER PROVIDED CONTENT ON THE SITE. JOYENCY MAKES NO WARRANTY TO CONTINUE THE SITE, PRODUCTS, SERVICES, AND/OR THE SOFTWARE USED IN THE SITE’S OPERATION. THE SITE, PRODUCTS, SERVICES PROVIDED, AND/OR SOFTWARE MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE OR OBLIGATION.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JOYENCY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.
THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO/ALTERATION OF/LOSS OF USE OF ANY RECORD OR DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
REGARDING THE INFORMATION ON THE SITE, JOYENCY WILL NOT BE LIABLE REGARDLESS OF THE CAUSE, DURATION, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, INAUTHENTICITY, DELAY OR INTERRUPTION OF TRANSMISSIONS, AND MODIFICATION OR REMOVAL OF CONTENT.
JOYENCY IS NOT LIABLE TO MAINTAIN COMMENTS, REVIEWS, LIKES, VIEWS, AND OTHER SUCH USER CONTRIBUTIONS ON ANY DELETED CONTENT ON THE SITE. LIKEWISE, JOYENCY IS NOT LIABLE FOR ANY ERROR, OMISSION, OR REMOVAL OF CONTENT ON THE SITE.
THE FOLLOWING PROVISION APPLIES IF JOYENCY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE ON OUR PART REGARDLESS OF WHETHER THE CUSTOMER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND PROOF OF DAMAGES IS DIFFICULT TO PROVE. IN NO EVENT SHALL JOYENCY’S AGGREGATE LIABILITY BE GREATER THAN $100, TO THE AMOUNT EQUAL TO THE CONTRACT PRICE OF THE DISPUTED SERVICES, OR THE SUM OF MONEY ACTUALLY PAID BY CUSTOMER TOWARD THE DISPUTED SERVICES, WHICHEVER IS LESS. YOU AGREE THIS SUM IS CONSIDERED LIQUIDATED DAMAGES, NOT AS A PENALTY, AND IS REASONABLE IN THE LIGHT OF THE ANTICIPATED OR ACTUAL LOSS CAUSED BY A POTENTIAL BREACH OF CONTRACT THROUGH YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Third Party Liability
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
PO Box 2731
Sioux City, IA 51106