Terms and Conditions
Joycott terms of service summary
Welcome to Joycott! These Joycott Rules and Regulations are covered, along with additional rules and regulations in the detailed Joycott Terms of Service below. This is to notify you that by using Joycott services and thereby agreeing to the Joycott Terms of Service, you agree to the following:
- You will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
- You will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- You agree not to use the service for illegal purposes.
Joycott terms of service
1. Acknowledgment and acceptance of terms of service
The Joycott Service (Service), owned and operated by Joycott, Inc. (Joycott), is provided to you under the terms and conditions of this Joycott Terms of Service (JTS) and any operating rules or policies that may be published by Joycott. The JTS comprises the entire agreement between you and Joycott and supersedes all prior agreements between the parties regarding the subject matter contained herein. The JTS may be updated by us from time to time without notice to you. You can review the most current version of the JTS at any time at: http://www.joycott.com/terms-and-conditions. In addition, when using particular Joycott services, youwill be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the JTS. By using our services, registering for an account, using discounts from the Joyalty program or as a normal subscriber, posting a message, signing a petition, downloading software from Joycott or otherwise interacting with our Service, you are indicating your agreement to be bound by all of the terms and conditions of the JTS.
2. Description of service
Joycott currently provides users with access to a wide array of resources, including, various communications tools, and forums, shopping services, personalized content and branded programming through its network of properties (the “Service").
Joycott provides a membership that entitles the member to different discounts, to different services and products of selected partners and/or retailers, upon payment of a monthly Membership Fee.
You are able to join Joycott by registering with a valid username and password and taking the Lifestyle Profile Quiz. Upon doing so, you are able to access and make use of the unique content and reviews on the site. In order to access the discounts of Joycott’s selected partners on your first visit, you must choose your preferred membership (if applicable) and pay the Membership Fee for the Joyalty program.
Your membership may come with a free introductory offer, but you are required to enter yourpayment data before use of any introductory offers. Some discounts on the site may not require paying a membership fee, but you will still be required to set up an account with your personal data.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Joycott to provide the Service. You also understand and agree that the service may include certain communications from Joycott, such as service announcements and administrative messages, and that these communications are considered part of Joycott membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Joycott properties, will be subject to the JTS. You understand and agree that the Service is provided "AS-IS" and that Joycott assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Subscription charges service
Joycott reserves the right to change the fees it charges to provide the Service or other features offered in connection with any Joycott sites, or introduce new fees, from time to time. If such a change increases the price payable by you for your existing products or services (including Your subscription), Joycott will provide You with no less than one month’s prior notification of any such change. If you object to any such change, your only remedy is to cancel your subscription before 14 days after the change comes into effect (in which case, no cancellation fee will apply). If you do not cancel your subscription within that period, you will be deemed to have accepted the change.
Unless stated otherwise by Joycott, in order to register for or subscribe to one of our membership plans, you must submit valid credit card details. Valid payments will be processed immediately or, if applicable, immediately upon the expiry of your free trial subscription. You will be given notification via email of the commencement of your subscription.
Unless you notify us otherwise, subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the applicable service. If youdo not notify us of changes to your billing details, Joycott will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval.
If any subscription fees or other charges billed to your credit card are not processed for any reason, Joycottwill have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by Joycott in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, Joycott reserves the right to cancel your subscription. Subscription fees will apply whether or not you actually use your subscription.
4. Fees and billing methods; automatic renewal
Joycott will charge you a membership fee in order to provide the Service (the "Membership Fee"). You acknowledge that Joycott reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service will be on a monthly basis, but Joycott may offersemestral or annual membership offers in the future. Once a membership is purchased, you will be granted access to the Service (insider prices at selected partners) until your subscription is valid (i.e. Joycott has been able to charge you the correct amount for the subscription requested.) Monthly Membership Fees will be paid in advance by credit card or PayPal. The terms of this monthly plan are listed below. UNLESS SUCH MEMBERSHIP PLAN IS CANCELLED OR TERMINATED AS PROVIDED BELOW, ALL MEMBERSHIP PLANS WILL BE AUTOMATICALLY RENEWED UPON THE TERMS SET FORTH BELOW. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT JOYCOTT WILL NOT PROVIDE YOU WITH ANY NOTICES PRIOR TO EACH ANNUAL RENEWAL PAYMENT (when the latter is applicable).
Membership Trial Plan
IF YOU SELECT THE MEMBERSHIP TRIAL PLAN, EACH MONTH JOYCOTT WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON A MONTH-TO-MONTH BASIS AT THE NORMAL MEMBERSHIP FEE (AS SUCH MEMBERSHIP FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH JOYCOTT. Such renewal payment will take place on the anniversary of your subscription. If the renewal of Your membership fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Joycott). Except as otherwise required by applicable law, you agree that Joycott will not provide you with any notices prior to each monthly renewal payment.
Monthly Payment Plan
IF THERE IS NO MEMBERSHIP TRIAL MONTH, AND IF YOU SELECT THE MONTHLY PAYMENT PLAN, EACH MONTH JOYCOTT WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON A MONTH-TO-MONTH BASIS AT THE MEMBERSHIP FEE (AS SUCH MEMBERSHIP FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH JOYCOTT. Such renewal payment will take place on the anniversary of your subscription. If the renewal of your membership fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Joycott). Except as otherwise required by applicable law, you agree that Joycott will not provide you with any notices prior to each monthly renewal payment.
Some discounts offered for Joyalty will offer you rebates on purchases you must make first, and then Joycott will pay you back the discounted amount (not the full amount). Joycott will pay you back within 10 business days to your PayPal account.
UNLESS OTHERWISE STATED, your Joyalty membership allows for 1 use per month of the discount to any individual company. However, there is no limit to use the discounts of many companies, as long as it’s only once per month.
NO INVOICES FOR THE CASHBACK SYSTEM WILL ACCEPTED BEFORE THE OFFICIAL DATE OF THE SUBSCRIPTION SERVICE, AND NEITHER WILL ANY BE ACCEPTED AFTER THE DATE OF TERMINATION OR INABILITY TO CHARGE SUBSCRIPTION AMOUNT.
ALL INVOICES WILL BE ACCEPTED UP TO ONE MONTH AFTER PURCHASE DATE OF SAID PRODUCT OR SERVICE FOR WHICH THE DISCOUNT APPLIES. ALSO, YOU MUST BE STILL A MEMBER OF JOYALTY TO REDEEM THE INVOICE, REGARDLESS OF THE DATE ON THE INVOICE. ALL INVOICES MUST BE 100% LEGIBLE.
5. Canceling your subscription
Monthly Payment Plan
IF YOU DECIDE TO CANCEL YOUR MONTHLY MEMBERSHIP WITH THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 12:00P.M. (Eastern Standard Time) ON THE BUSINESS DAY PRIOR TO YOUR SCHEDULED MONTHLY RENEWAL PAYMENT DATE. YOU MAY CANCEL YOUR MONTHLY MEMBERSHIP BY PROVIDING JOYCOTT WITH NOTICE OF YOUR DESIRE BY CONTACTING JOYCOTT BY EMAIL AT firstname.lastname@example.org.
6. Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada, the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Joycott has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Joycott has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Joycott is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
8. Member name, password and security
You will specify a password and member name during Joycott’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Joycott of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Joycott cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. Your conduct
You understand that all information, text, data, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Joycott, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Joycott does not control the Content posted by the user via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Joycott be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- Upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a Joycott official or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- "Stalk" or otherwise harass another.
- Collect or store personal data about other users.
You acknowledge that Joycott may not pre-screen Content, but that Joycott and its designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Joycott and its designees will have the right to remove any Content that violates the JTS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Joycott or submitted to Joycott, including without limitation information in Joycott Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Joycott may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the JTS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Joycott, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Joycott and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
11. Content made available for inclusion on the service
Joycott does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant Joycott the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting Joycott Services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Joycott removes such Content from the Service.
12. Joycott RSS syndication policy
- All syndication is available entirely as is, with no warranties relating to its use.
- Joycott reserves the right to cancel this service without notice at any time.
- Materials available for syndication by Joycott (denoted by XML or RSS buttons) may be syndicated by individuals, organizations or companies for personal or commercial use (see below for additional considerations).
- Joycott.com reserves the right to deny syndication rights to any party.
- No modifications may be made to any of the materials syndicated. Acceptable changes are limited to typeface, typeface size, typeface color, and line breaks.
- No individual, organization or company may license, sell or otherwise assign use of Joycott.com's materials.
- All syndication must have a link back to the Joycott.com website: http://www.joycott.com/. The appropriate reference link is located in the Channel link portion of the RSS feed.
- All syndication must include proper copyright notification as follows: Copyright © 2014 Joycott.com Inc. All rights reserved.
- Content that is not made available for syndication (denoted by XML or RSS buttons) cannot be used or syndicated in any manner.
You agree to indemnify and hold Joycott, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the JTS, or your violation of any rights of another.
14. No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You understand it is a breach of the JTS to send commercial bulk e-mail, also known as spam, containing a Joycott e-mail address as the "From" or "Reply-To" address. As compensation for such a breach of contract, user agrees to pay Joycott US $10,000 each day user sends commercial bulk e-mail, containing a Joycott E-MAIL address as the "From" or "Reply-To" address. Joycott e-mail addresses include any e-mail address ending in @Joycott.com, @Joycott.org. Commercial use of the Service that is compliant with this JTS is permitted.
15. General practices regarding use
You acknowledge that Joycott may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Joycott's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Joycott has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Joycott reserves the right to log off or remove accounts that are inactive for an extended period of time. You further acknowledge that Joycott reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. Modifications to service
Joycott may change the terms and conditions of the JTS and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof). You can review the most current version of the JTS at any time at: http://www.joycott.com/terms-and-conditions. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by You of the JTS and its modifications; and (2) agreement by You to abide and be bound by the JTS and its modifications; and (3) You agree that Joycottwill not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Joycott may, under certain circumstances and without prior notice, immediately terminate yourJoycott account (or any part thereof), any associated email address, and access to the Service. Cause for such termination will include, but not be limited to, (a) breaches or violations of the JTS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of yourJoycott account includes (a) removal of access to all offerings within the Service, including but not limited to Joycott email, Joycott, JoyPerks, Message Boards, Newsletters, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause will be made in Joycott's sole discretion and that Joycottwill not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Should you object to any terms and conditions of the JTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (1) discontinue use of the Service. Upon termination of the Service, Your right to use the Service and Software immediately ceases.
18. Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Joycottwill not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Joycott has no control over such sites and resources, you acknowledge and agree that Joycott is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, or other materials on or available from such sites or resources. You further acknowledge and agree that Joycottwill not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. Joycott's proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Joycott or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Joycott grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Joycott for use in accessing the Service.
21. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
JOYCOTT WILL MAKE REASONABLE EFFORTS TO ENSURE: THE ACCURACY AND RELIABILITY OF THE SERVICE; THE TIMELINESS OF THE INFORMATION; AND THAT THE SERVICE DOES NOT CONTAIN ANY COMPUTER VIRUS. NEITHER JOYCOTT, NOR ANY OTHER MEMBER OF JOYCOTT INC., WILL BE HELD LIABLE IN RELATION TO THE ACCURACY OR TIMELINESS OF THE INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY TYPE IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE. THIS AGREEMENT GIVES NEITHER THE SUBSCRIBER, NOR ANY USER OR CUSTOMER ANY RIGHTS AGAINST THIRD PARTY INFORMATION PROVIDERS WITH RESPECT TO THE USE OF INFORMATION.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. JOYCOTT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JOYCOTT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOYCOTT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE JTS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
22. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOYCOTT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOYCOTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE.
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR.
ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. However, Joycott reserves the right to modify or discontinue the Service with or without notice to you. The Service may also provide notices of changes to the JTS or other matters by displaying notices or links to notices to you generally on the Service.
24. No third party beneficiaries
You agree that, except as otherwise expressly provided in this JTS, there will be no third party beneficiaries to this Agreement.
25. Trademark information
Joycott, the Joycott logo, Joycott.com, JoyPerks, Joyaltyand Joycott Blog trademarks and service marks and other Joycott logos and product and service names are trademarks of Joycott Inc. (the "Joycott Marks"). Without Joycott's prior permission, you agree not to display or use in any manner, the Joycott Marks.
Entire Agreement. The JTS constitute the entire agreement between you and Joycott and govern your use of the Service, superseding any prior agreements between you and Joycott. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Joycott services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The JTS and the relationship between you and Joycottwill be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Joycott agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Canada
Waiver and Severability of Terms. The failure of Joycott to exercise or enforce any right or provision of the JTS will not constitute a waiver of such right or provision. If any provision of the JTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the JTS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that yourJoycott account is non-transferable and any rights to yourJoycott I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the JTS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the JTS are for convenience only and have no legal or contractual effect.
Please report any violations of the JTS to Joycott Customer Support at email@example.com.