TERMS AND CONDITIONS OF USE
This policy was originally drafted in English. If there is a discrepancy or conflict between a version of the terms in another language and the English version of these terms then, to the extent permitted under applicable law, the English version of these terms shall prevail.
PLEASE READ THE TERMS AND CONDITIONS BELOW IN FULL BEFORE USING EITHER OUR WEBSITE OR OUR APPS
These terms and conditions are extremely important, please read them carefully before you use any of JOY ON’s Platforms and keep a copy of them for future use.
NOTE: The information on JOY ON’s Platforms is provided to help you get the most out of JOY ON’s products, services and APPs. However, if you have or suspect you might have a health condition the information on JOY ON’s Platforms is not intended to replace medical advice. Please get advice from a qualified medical professional as they will be best placed to assess your condition and make recommendations to you based on your circumstances.
For further information about JOY ON’s platforms, products, services and APPs, please consult the FAQs on the JOY ON website or contact our friendly customer service at [email protected]. If you need clarification on any of the terms and conditions in this document you may also contact us at the above email address.
- Information about us
JOY ON’s Platforms are operated by Cusoon Magnets Ltd (referred to as “we/our/us” in this document). We are a company registered in Spain with company number CIF W8262744I. Our registered office address is C / Fidel, 29 – NAVE 8 / Casillas Industrial Estate 30007 – Casillas (Murcia), Spain
To contact us, please email [email protected].
- The effects of these terms
By using JOY ON’s Platforms, you accept these terms in full. If you do not agree to these terms, you must not use JOY ON’s Platforms.
These terms are subject to change by us and we may make changes to these terms from over the course of time. Each and every time you wish to use one of JOY ON’s Platforms the terms which are in place at the time of access are the terms which will apply. Please check the terms to make sure that you understand the terms and accept any and all changes that apply at that time.
- Your rights and obligations when you use JOY ON’s Platforms
How you may use any material provided on JOY ON’s Platforms
- For items including the layout, design, content and graphics on JOY ON’s Platforms, and in the material published on them, we are the owner or the licensee of all intellectual property rights. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- The trademark ‘Joy ON’, is registered in both Spain and US and belongs to us. Our trade marks must not be used by anyone in any form (including framing, as meta tags or other text) without our prior written approval.
- For page(s) on JOY ON’s Platforms, you may print out ONE copy, take screenshots or download extracts for your own PERSONAL use. If you wish you may also show others within your organization content posted on JOY ON’s Platforms.
- Copies of any materials you have printed off or downloaded must not be modified from their original form in any way, and you must not use or display any infographics, illustrations, photographs, video or audio in part or in full or any graphics separately from any accompanying text.
- Any work displayed on JOY ON’s Platforms may not be used to create derivative content or adapted without our prior written consent.
- Content authors (and identified contributors) on JOY ON’s Platforms must always be acknowledged as authors of said content.
- Content on JOY ON’s Platforms must not be used for commercial purposes without obtaining a license to do so from us or our licensors.
Your account details must be kept safe
- Account details include your name, username, email address, account password and any other details you input into JOY ON’s platforms. Your account details may also include your delivery and billing address that you input when you use the www.joyontoys.com website.
- You must treat your account details as confidential and you must not disclose them to any third party.
- You must promptly notify us at [email protected] if you are aware of or suspect that anyone other than yourself knows your user identification name or password so that we may take appropriate action.
Completeness and Accuracy of Information
- The content provided via JOY ON’s Platforms is constantly being updated and improved. Therefore, it is possible that the information provided to you or products and services provided to you via JOY ON’s Platforms may be unavailable, or inaccurate or otherwise not as described. You expressly agree that no warranty on behalf of us shall be created by information obtained by you from JOY ON’s Platforms. You also expressly agree that a legal offer for the purpose of forming a legally binding contract is not constituted by any offer of a product which is unavailable or not as described.
- Content provided on JOY ON’s Platforms is for general information only and is not information intended to amount to be advice that should be relied upon.
- Before taking, or refraining from, any action based upon the content on any of JOY ON’s Platforms, we recommend that you obtain professional, medical or specialist advice first.
- Although reasonable efforts are made keep the information on JOY ON’s Platforms up to date and current, whether express or implied, we make no representations, warranties or guarantees that the content on JOY ON’s Platforms is accurate, up to date, or complete.
- If you would like us give clarification on any of the information provided by us on JOY ON’s Platforms then please consult the FAQs page or contact customer service via email at [email protected].
Content uploaded to JOY ON’s Platforms
- You must comply with the standards of content which are set out under the heading “Acceptable Use” below whenever you make use of features that allow you to upload content to JOY ON’s Platforms, or to whenever you contact other users of JOY ON’s Platforms
- By submitting content you warrant that any such contribution complies with our “Acceptable Use” standards, and for any breach of that warranty you will be liable to us and indemnify us. As a result of your breach of warranty, you will be responsible for any loss or damage we suffer.
- By uploading content you to JOY ON’s Platforms you are acknowledging that it should be considered non-confidential and non-proprietary. You are required to grant a limited license to use, store and copy the content that you upload you also allow us to distribute and make it available to third parties, you do however retain all of your ownership rights of your content.
- In the event that a third party claims that content posted or uploaded by you to JOY ON’s Platforms constitutes a violation of their intellectual property rights, or of their right to privacy, we also have the right to disclose your identity.
- If, in our opinion, your post does not comply with the terms and conditions set out here we have the right to remove any posting you make on JOY ON’s Platforms.
- Only you are responsible for backing up your content and making sure that is it secure.
JOY ON’s Platforms are only provided for domestic and private use. By using our site, you agree to not use our site, platforms, products or services for any business or commercial purposes, and as a result we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you were to use JOY ON’s platforms in such a way.
- Our rights and obligations when you use JOY ON’s Platforms
We are not responsible for website/content we link to. Links to other websites and resources provided by third parties contained with JOY ON platform content, are provided for your informational use only. Linked websites or information you may obtain from them is to be taken at your own discretion and such links should not be taken as approval of the sites or their content. Material published on any website which is not under our control is not produced by us and as such we make no representation or warranty and accept no liability for it.
User generated content is not approved by us. Content that is uploaded to JOY ON’s Platforms or linked through JOY ON’s Platforms should not be interpreted as approval by us of that content or information. For material published on JOY ON’s Platforms which is user-generated we make no representation or warranty, and accept no liability.
We may make changes to or update JOY ON’s Platforms. From time to time, we may change our website and/or our app(s) or update them to include any changes to the advice we recommend, information, products, our users’ needs and our business priorities. For any major changes, we will try to give you reasonable notice although this may not always be possible.
We may suspend or withdraw JOY ON’s Platforms at any time. JOY ON’s Platforms are provided to you free of charge. We do not guarantee that any content on JOY ON’s Platforms or that JOY ON’s Platforms themselves will be uninterrupted or always be available. It is possible that the availability of all or any part of JOY ON’s Platforms may be suspended, withdrawn or restricted for any reason and at any time. We will try to give you reasonable notice of any suspension or withdrawal where, in our view, it is appropriate to do so.
We have rights to use the material you upload. By uploading or posting content to JOY ON’s Platforms, you grant us a revocable license to use that content which is non-exclusive, worldwide, royalty free. This applies provided that such use complies with our requirements under privacy and data protection laws as mentioned above.
- Acceptable use of JOY ON’s Platforms
Prohibited uses of JOY ON’s Platforms. It is prohibited to used JOY ON’s Platforms in the following ways:
- Any applicable local, national or international laws or regulations must not be breached by use.
- Unlawful or fraudulent use or use that has any unlawful or fraudulent purpose or effect.
- Use with the purpose of harming or attempting to harm minors in any way.
- Any material which does not comply with these terms and conditions must not be sent, knowingly received, uploaded, downloaded, used or re-used.
- Advertising or promotional material or any other form of similar solicitation (spam) must not be transmitted, or procured, any unsolicited or unauthorized.
- Any materials which are not your own, or that you do not have a right to transmit must not be transmitted using JOY ON’s Platforms.
- Any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware must not be knowingly transmitted, sent or uploaded.
- Impersonating any entity or person, or otherwise falsely stating or misrepresenting an affiliation with us, our affiliates or any other person or entity is prohibited.
- Without a user’s consent, accessing or attempting to access their account is prohibited.
- Reproducing, duplicating or copying any content on the Platforms and/or your account or otherwise allowing other users to access your account, selling access to it, in contravention of these terms and conditions.
Contributions and content uploaded to JOY ON’s Platforms. Any contribution or content you upload to JOY ON’s Platforms must be accurate, comply with applicable laws and be genuinely held. Content must not:
- Willfully deceive any person.
- Contain defamatory material of any person or entity.
- Contain obscene, offensive, hateful, inflammatory, sexually offensive or discriminatory material.
- Be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe the trademarks, copyrights or database right of any other person or entity
- Be abusive, threatening or invade another’s privacy
- Cause annoyance, inconvenience or needless anxiety to others.
- Be intended to upset, embarrass, harass or alarm any other person.
- Be used to misrepresent your identity or affiliation with any person or impersonate any person.
- Linking to JOY ON’s Platforms
Provided you do so in a way that is legal, does not damage our reputation or take advantage of it and is fair, you may link to JOY ON’s Platforms. Where none exists, you must not seek to establish a link in such a way that suggests any form of association, approval or endorsement on our part. Also, you must not establish a link on any other platform that is not owned by you to JOY ON’s Platforms.
You may not create a link to any part of our site other than the home page and JOY ON’s Platforms must not be framed or displayed on any other platform.
Linking permission may be withdrawn without notice.
By linking on other platforms you are acknowledging that you have made sure the other platforms comply in all respects with the acceptable use standards set out in these terms and conditions under the heading “Acceptable Use”.
If you wish make any use of or link to content on JOY ON’s Platforms other than the uses that are set out above, please contact [email protected] for our permission – which may or may not be withheld, at our discretion.
- Your health
The information we provide is intended to help you make the best decisions about your own health and personal wellbeing, we care about your health. We must however stipulate, that no two people are alike and that the same advice does not apply to everyone. In this respect, there is no replacement for tailored medical advice from a qualified professional in the correct field. Before using JOY ON’s products or services or relying on the information provided via JOY ON’s Platforms, we strongly recommend you seek advice from a medical professional you trust. For those with any known pre-existing conditions, this is extremely important.
By agreeing to these terms, you agree that before using JOY ON’s products and services and before relying on information provided via JOY ON’s Platforms you will seek specialist medical advice from a qualified professional.
- Limitation of liability
To the fullest extent permitted by applicable laws, even if foreseeable, we hereby expressly exclude our liability for any direct, indirect, incidental, special or consequential damages which occur due to you using JOY ON’s Platforms, the information, advice or content provided through JOY ON’s Platforms, or the use of our products.
No warranty is provided that JOY ON’s Platforms will be available, secure, free of viruses or other harmful components or that the Platforms’ functionality will be uninterrupted.
No warranty is provided as to the fitness for purpose, accuracy or quality of the information or content displayed on JOY ON’s Platforms.
Nothing in this provision excludes liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law nor does it affect our or our contracts’ liability for death or personal injury arising from negligence.
Your statutory rights as a consumer are not limited to the extent under applicable law, these terms do not limit such rights.
- Governing law and jurisdiction
These terms and conditions (and any dispute arising out of, or related to them) shall be governed by the laws of Spain. You hereby submit to the exclusive jurisdiction of the courts of Spain in relation to these terms and conditions (and any dispute arising out of or related to them).