Joyva Manufacturing LLC (“Joyva,” “us,” “we,” or “our”) provides website-based features and other products and services when you visit joyva.com (the “Site”). By accessing or using the Site, you agree to the following Terms of Service/Legal Notice (“Agreement”), as well as the Joyva Privacy Policy and any other terms and conditions that may appear elsewhere on the Site, all of which are hereby incorporated by reference (collectively, the “Agreement”). Other sites, apps, social media accounts, or other content Joyva makes available to you may have their own terms and conditions that apply and should be reviewed.
IMPORTANT, READ CAREFULLY: BY CLICKING “ACCEPT” OR OTHERWISE ACCESSING OR USING THE SITE, TOGETHER WITH ANY RELATED PRODUCTS, SERVICES AND ASSOCIATED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOUR USE OF AND ACCESS TO THE SITE IS CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND JOYVA AND GOVERNS YOUR ACCESS TO AND USE OF THE SITE TOGETHER WITH ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE. BY ACCESSING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. YOUR RIGHTS TO USE THE SITE ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Joyva may offer sweepstakes, contests, or other promotions on the Site that will have additional terms and conditions or rules. If any portion of this Agreement conflict with the special terms or rules for any such Joyva promotion, the conflicting portion of the special terms or rules will govern for that specific portion of the promotion unless stated otherwise.
Joyva does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.
In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that Joyva in no way endorses or is responsible for these services.
Purpose of the Site
The intended purpose of the Site is to provide visitors with information about Joyva, our company, and our products including, but not limited to, products available for purchase through the Site. The content on the Site is only intended for the purpose of providing commercial information to customers and prospective customers of Joyva regarding Joyva’s products and services, and for no other purpose.
Any content made available on the Site is provided for informational or transactional purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Joyva. You may not use any content on the Site to establish any independent data files, databases, compendiums, or any other reference materials.
Any and all content, products and services on the Site are subject to availability. Any and all use of the Site is done at your own risk. Joyva will try its best to make content on the Site useful, but Joyva does not warrant that any content on the Site will be accurate or reliable.
License
Joyva hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Site’s intended purposes. Joyva reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.
Intellectual Property Rights and Ownership
Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective user of the Site that uploads or posts such content as set forth in the section titled “User Generated Content,” below, all content appearing on the Site including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of Site content, or any other related electronic content or files (collectively “Joyva Content”) are the sole property of Joyva or its suppliers and/or licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.
Any use of Joyva Content that is not consistent with the intended purpose of the Site, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Joyva's prior written consent, is strictly prohibited, except you may print out one copy of each page on the Site solely for personal, non-commercial use. No other use is permitted without Joyva’s prior written consent. You may not sell, transfer, assign, license or sublicense any Joyva Content. The use or posting of any Joyva Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Joyva Content and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the Joyva Content. Joyva Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Site. You acknowledge that you have no rights in such third-party Joyva Content. Unauthorized use of any Joyva Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any of the Joyva Content is transferred to you as a result of you accessing, downloading or printing any Joyva Content from the Site. Any use of Joyva Content must display the appropriate copyright, trademark and other proprietary notices. All software used on the Site is the sole property of Joyva or those supplying or licensing the software.
You acknowledge that you have no right, title, or interest in or to the Site or any Joyva Content.
JOYVA and RING JELLS are registered trademarks owned by Joyva. Other trademarks, product names, graphics or logos included in or made available through the Site are trademarks or trade dress of Joyva in the U.S. and other countries, or they may be the property of their respective owners.
There may be other content on the Site not owned by Joyva, and you should respect those property rights as well.
All rights not expressly granted herein are reserved to Joyva.
Access Limited
The Site is intended for individuals eighteen (18) years of age and older who are located in the United States. If you access the Site outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws and regulations. By using the Site, you agree that information about you may be transmitted to and stored in the United States. Joyva reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Joyva reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice. You are not permitted to violate any laws when using or accessing the Site.
Joyva does not knowingly collect information from children, including those less than thirteen (13) years of age. If you are a child, do not submit any information to Joyva. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.
If you register to set up an account on or through the Site and use a username and password or other account access information, you will be responsible for all activities occurring under your account and for keeping your password secure. Joyva assumes no responsibility or liability for the violations of anyone using your Joyva account. You shall provide Joyva with prompt notice if you suspect your account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Site under your account, or of any unauthorized access to or use of your account, you agree to immediately notify Joyva at customerservice@joyva.com of any unauthorized use of your username and password or any other breach of security you know about in relation to Joyva or the Site. Any account holders may cancel their Joyva account(s) at any time by contacting customerservice@joyva.com. Joyva may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating accounts. Under no circumstances will Joyva be liable in any way for any data or other content transmitted or viewed by you or any other users of the Site including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. Without limiting any of its other rights or remedies, Joyva reserves the right to suspend your access to the Site if Joyva reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Joyva suspends or terminates your account, you acknowledge that all information and content associated with your account will no longer be available to you.
Subscriptions
You may be able to purchase or otherwise secure a subscription to set up an account or to receive Joyva products, services or other offerings available through the Site. If you obtain a subscription from Joyva, your subscription term shall begin when you first register for the subscription, unless otherwise notified by Joyva, and will continue for as long as you maintain a fully paid up subscription through monthly or yearly payments, as applicable (each such monthly or yearly payment period, respectively, are referred to herein as a “Subscription Term”).
Upon any termination of the Subscription Term and this Agreement: (i) all rights Joyva granted to you shall terminate and Joyva may no longer provide you with access to parts of the Site that relied on your subscription; and (ii) Joyva may delete all of your account data and other content or information.
Orders and Payment Terms
You can place orders for products through the Site. When you make a purchase, third-party payment processors who provide services on our behalf will collect certain personally identifiable information and payment information from you in order to complete your purchases. Joyva will not collect your credit/debit card data or other payment information through this process. You agree to make all applicable payments in connection with any order you place at the time you place the order. By placing an order through the Site, you agree that any credit/debit card or other payment information that you supply is true and complete. Joyva products purchased by you are for personal or gift use and not for commercial use.
All orders are subject to acceptance and the availability of the applicable products, and items in your shopping cart are not reserved and may be purchased by other customers. To the extent permitted by law, Joyva reserves the right to refuse your order for any or no reason. Joyva reserves the right to restrict multiple quantities of a Joyva product being shipped to any one customer or postal address. We will not be liable to you or any third party by reason of our withdrawing any products or merchandise from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
JOYVA’S PRODUCTS CANNOT BE SHIPPED TO A POST OFFICE BOX NUMBER. If your shipping address is currently listed as a P.O. Box number, or if you want Joyva products sent to an address other than your currently listed shipping address, you must provide an alternative physical street address to which Joyva products may be shipped. It is our responsibility to ship your accepted order to you at the address you provide when making the order. Joyva provides no guarantees that products will be delivered on time or without damage as all shipping is handled by our third-party service providers. If there appears to be a problem with shipping, you may need to resolve the issue with the applicable shipping provider. You acknowledge that Joyva is not responsible for orders returned to us due to invalid addresses. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet any shipping and delivery dates provided on the Site, Joyva shall not be responsible for any delays in shipments.
Prices listed through the Site are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold Joyva harmless from and against any liabilities, interest, penalties, or fees assessed against you or Joyva arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Site are not intended for resale. Joyva reserves the right to cancel any orders containing pricing errors, with no further obligation to you, even after your receipt of an order confirmation or shipping notice. Joyva may, at its discretion, either contact you for instructions or cancel your order and notify you of such a cancellation.
You may be able to make payments with credit or debit card (Visa, MasterCard, Discover and American Express), or with other payment options such as PayPal, Apple Pay, Google Pay, or other payment processing service providers made available to you on the Site. You confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorized by the owner of the payment information or account to use it. Credit/debit cards and their account holders may be subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Joyva, we will not be liable for any delay or non-delivery.
If you register or maintain an account through the Site, continued access to your account may be conditioned on you maintaining a fully paid up subscription for the applicable Subscription Term. At Joyva’s discretion, access to your account may be suspended or terminated in the event subscription fees are not paid on time.
Due to the perishable nature of our products, Joyva cannot accept returns. If you are not completely satisfied with the condition of your order upon arrival, please contact Joyva’s customer service representatives at customerservice@joyva.com within fourteen (14) days after you receive the applicable order and we will do our best to resolve any issues you may have. Please provide detailed information and photograph(s) of any issue you may have experienced with your order.
To the extent permitted by applicable law, all purchases made through the Site are final and any payments you submit in connection with the Site or any products, services, subscriptions or other offerings available through the Site are non-refundable.
Joyva is not responsible for shipping and handling charges, and to the extent permitted by applicable law, any shipping and handling charges you pay in connection with orders completed through the Site will not be refunded under any circumstances.
Joyva uses third-party shipping vendors, such as FedEx, UPS and the U.S. Postal Service, which provide standard shipping for all products ordered through the Site. Joyva does not currently accept orders for express, rush, next-day or any other form of expedited shipping. Orders placed on or through the Site will not be available for shipping on holidays or weekends. Most orders will be processed for shipping within three (3) business days after the order is placed on or through the Site, but Joyva cannot guarantee and disclaims any warranties regarding the quality or timeliness of shipping.
User Generated Content
Certain areas of the Site may allow you and other Site visitors to upload user generated content (“UGC”) in certain locations, including, but not limited to, areas where you can submit your own recipes featuring Joyva products and/or provide comments and other content as feedback on the recipes of other Joyva fans and customers. Any UGC you and other users of the Site transmit, post or otherwise make available on or through the Site, which includes any recipes, comments, photos, videos, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Joyva on a non-proprietary and non-confidential basis. You hereby grant to Joyva and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Site; (ii) marketing the Site and any Joyva product or service, in any media now known or hereafter developed; and/or (iii) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other Site visitor or user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.
You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Joyva may process and disclose such information as necessary to: (i) fulfill Joyva’s obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Site in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Site.
If you register to create an account through the Site, your account data will not be used by Joyva except as described in this Agreement or our Privacy Policy. You agree that Joyva may analyze your account data, in combination with the data of other account holders, to create aggregated and anonymized statistics or data that do not generally identify you and Joyva may use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your account data.
Joyva reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold Joyva harmless from any claims resulting from any action taken by Joyva during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Joyva or law enforcement.
You acknowledge and agree that Joyva may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, without limitation, to address any UGC that Joyva determines is inappropriate or disruptive to the Site or to any other user of the Site. Joyva has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.
You represent and warrant to Joyva that any UGC you make available on or through the Site, including any recipe you submit for publication on the Site, is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Site that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Site.
The transmitting, posting, or making available of UGC on or through the Site, including any recipes or comments submitted by other Joyva fans and customers, does not indicate Joyva’s approval or endorsement of such UGC. Joyva is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Site.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Site infringe your copyright, you (or your agent) may send Joyva a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Site should be sent via registered mail to Joyva’s designated agent for notice of claims of copyright infringement at:
By mail:
Joyva Manufacturing LLC
53 Varick Ave.
Brooklyn, NY
11237
Attn: Copyright Agent
By email: designatedagent@joyva.com
Under the DMCA, notices must include all of the following details:
An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Joyva to locate the material, such as its URL;
Information reasonably sufficient to permit Joyva to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Joyva takes copyright and other intellectual property issues seriously, and will terminate access to the Site for any accounts and/or users that are connected to valid and repeat copyright infringement complaints.
If you believe that any UGC available on or through the Site violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to customerservice@joyva.com detailing your allegation. Joyva takes infringement of intellectual property rights seriously and will investigate the matter.
You are solely responsible for all UGC and any other data that you or anyone using your account uploads on or through the Site. Joyva does not guarantee the accuracy, integrity or quality of UGC or any user’s account data.
Acceptable Use Policy
In connection with your access to and/or use of the Site or any related services, you agree not to:
Violate any federal, state, or local laws or regulations.
Discuss, incite, or promote illegal activity.
Upload or post anything that imposes an unreasonable or disproportionately large strain on Joyva’s network or computer infrastructure.
Upload or post any inappropriate or offensive content or language.
Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Site or Joyva’s computers, servers or networks, or to any computers or systems used by other users of the Site.
Use the Site in a manner that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Joyva or other users of the Site.
Make unauthorized attempts to modify any information stored on the Site.
Make attempts to defeat or circumvent security features, or to use the Site for any purpose other than its intended purposes.
Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.
Provide false or misleading information through the Site.
Use the Site to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. Joyva reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your account, your subscription, and/or your access to all or any part of the Site without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Joyva reserves the right to change, suspend, or discontinue all or any part of the Site and any related Joyva services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.
Site Accuracy
Prices and availability of products, if specified, are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or otherwise, Joyva shall have no obligation to accept orders or otherwise honor any such incorrect product price.
The Site contains information, advice, text, and other materials that are provided for your convenience. You should be aware that such information, including but not limited to descriptions of our products, may contain errors, omissions, inaccuracies, or outdated information. Joyva is not obligated to correct any errors on the Site, but may do so at its convenience.
Links to Third-Party Sites
The Site contains a certain number of links to other websites, apps, social media platforms, marketplaces or other online services, including any food or merchandise partnerships or collaborations in which Joyva is involved, which are not directly controlled or owned by Joyva. If you use these links, you will leave the Site. Joyva provides these links to you only as a convenience. Joyva is not in any way responsible for the linked sites or their content including, without limitation, any links displayed on or through such third-party services, nor does Joyva warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any linked third-party services at your own risk. The links are not meant to indicate any association with Joyva, and Joyva does not endorse any linked site or service, or any goods or services promoted or listed on such sites or through such services. If you access or use any linked third-party services, you will be subject to the terms of use, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms of use of such third-party services before using them.
Joyva may also allow interaction between the Site and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Site that when used, may allow you to share content from the Site with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons on the Site, Joyva is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or services.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, JOYVA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (COLLECTIVELY, THE “JOYVA PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SITE, ANY SITE-RELATED PRODUCTS OR SERVICES, OR THE JOYVA CONTENT. THE JOYVA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE JOYVA CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE JOYVA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE JOYVA CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE AND ITS RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, ANY SITE-RELATED PRODUCTS OR SERVICES, AND JOYVA CONTENT AT YOUR OWN RISK.
THE JOYVA PARTIES DO NOT WARRANT THAT THE SITE AND ANY SITE-RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE JOYVA PARTIES DO NOT WARRANT THAT THE JOYVA CONTENT, THE SITE, OR ANY SITE-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SITE OR ANY SITE-RELATED SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO JOYVA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
TO THE EXTENT PERMITTED BY LAW, THE SITE, ANY SITE-RELATED PRODUCTS OR SERVICES, AND ANY JOYVA CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE JOYVA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE JOYVA PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY JOYVA PARTY BE LIABLE TO ANY USER OF THE SITE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH JOYVA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (a) THIS AGREEMENT; (b) THE USE OR INABILITY TO USE THE SITE; (c) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (d) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SITE; AND/OR (e) ANY OTHER MATTER RELATING TO THE SITE AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SITE. THE TOTAL AGGREGATE LIABILITY OF ANY JOYVA PARTY TO ANY USER OF THE SITE FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SITE WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE JOYVA PARTY(IES) FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE JOYVA PARTIES TO ANY SITE USER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH JOYVA, THE SITE, OUR PRODUCTS OR SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY RELATED PRODUCTS OR SERVICES.
Indemnification
You agree to defend, indemnify, and hold the Joyva Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Joyva Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any goods or services offered on or through the Site, your breach of this Agreement, the use of the Site by any person using your computer, device, or account, as applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.
Geographic Limitation
The Site is intended only for users within the U.S. If you use the Site outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.
Site Policies, Modification, and Severability
Joyva reserves the right to make changes to the Site, this Agreement and Joyva’s Privacy Policy at any time. Each time you use the Site, you should visit and review the then current Agreement and Privacy Policy that apply to your use of the Site. By continuing to use the Site after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Policy. If you are dissatisfied with the Site, its content, this Agreement or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Site. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.
Applicable Law
By using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Joyva.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the State of New York for any litigation arising out of or relating to this Agreement, the Site, the use of the Site, and/or any goods referenced or services offered on or through the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in New York courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.
Other Provisions
Notice to California Residents – If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Joyva with any complaints or to seek additional information. You may email Joyva at customerservice@joyva.com. You may also call 888-305-1550. For any physical documents, you may send mail to 53 Varick Ave., Brooklyn, NY, 11237. If California users have any questions or complaints about Joyva, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210. Hearing impaired persons may call 916-928-1227 or 800-326-2297 via TTY device.
Joyva does not represent that any content on the Site is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Joyva does not guarantee or promise that any information, opinions or recommendations on the Site are helpful or reliable.
YOU AGREE THAT JOYVA IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the recipes, information, opinions or recommendations found on the Site.
Joyva is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Joyva’s computer or network systems, including any Joyva hardware or devices, that may or may not result in the disclosure of Personal Information you provided to us.
If you violate any portion of this Agreement, Joyva reserves the right, without an obligation to do so, to deny you access to the Site. If Joyva terminates your access to the Site, Joyva may also delete your Site account, if you have one. Joyva reserves the right to terminate any password-restricted account for any reason.
Joyva’s failure to enforce any portion of this Agreement is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.
Joyva reserves the right, without notice or reason, to take down or terminate the Site, or otherwise revoke any and all access granted to you related to the Site. You agree that Joyva is not liable to you or any other third party for this action.
Certain software elements of the Site and any related services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
Unless otherwise noted, this Agreement, together with the Joyva Privacy Policy and any other terms and conditions that appear elsewhere on the Site, constitute the entire Agreement of the parties with respect to the Site and any Site-related products or services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Joyva with respect to the Site and any Site-related products or services.
Contact Information
You may contact Joyva using the following information:
By mail: 53 Varick Ave., Brooklyn, NY, 11237
By email: customerservice@joyva.com
By telephone: 888-305-1550
