Terms of Service

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT AND TERMS OF SERVICE (“LICENSE”) CAREFULLY. THIS LICENSE IS A LEGAL AGREEMENT BETWEEN YOU AND HOUSE OF JOY & CO. (“HOUSE OF JOY”, “WE” OR “US”). BY ACCESSING AND USING THE WEBSITE AND/OR PURCHASING OR VIEWING ANY OF THE PRODUCTS FOR SALE AND/OR CONTENT THERON (the “SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE DO NOT ACCESS, INSTALL OR USE THE WEBSITE OR OUR SERVICES.

1. Acknowledgement

House of Joy and you acknowledge that this License is entered into by and between House of Joy and you and not with any other party. House of Joy is solely responsible for the website and any content contained therein.

2. License Grant.

House of Joy hereby grants to you, subject to the terms and conditions of this License, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the content on this website for your personal use on a device that you own or control, subject to the limitations set forth below. This License does not permit you to copy or distribute any of the content on the website. All rights not expressly granted herein are reserved by House of Joy.

3. Terms of Service.

(a) You agree that: (i) you will not use the website if you are not fully able and legally competent to agree to the terms of this License; (ii) you will only use the website for lawful purposes; you will not use the website or the content for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iii) you will not copy, or distribute the website or its contents or other content without written permission from the House of Joy.

(b) You understand that by using the Website or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Website and the Services at your sole risk and that House of Joy shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

4. Charges

Any fees that House of Joy may charge you to purchase any products are due immediately. When you initiate a transaction via the website, House of Joy’s third party payment processor will authorize your credit or debit card for the amount of any charges. House of Joy may change the fees for the content in our sole discretion.

5. License Limitations

You agree to protect the content, information and other materials, from any unauthorized access or use, and you agree that you will not use the website, the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by House of Joy. You agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify or otherwise exploit the content or the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the website or the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the content or the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).

You understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the website, content, or the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the website, any updates, or any part thereof; (y) use any means to discover the source code of the website; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the website, content, or the Services. Any attempt to do any of the foregoing is a violation of the rights of House of Joy and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

6. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HOUSE OF JOY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOUSE OF JOY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL HOUSE OF JOY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LICENSE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THIS LICENSE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF HOUSE OF JOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE, CONTENT, OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

7. Limitation of Liability

In no event shall House of Joy’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree that the above limitations of liability together with the other provisions in this License that limit liability are essential terms of this License and that House of Joy would not be willing to grant you the rights set forth in this License but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce House of Joy to grant you the rights set forth in this License.

8. Miscellaneous

This License may not be modified except by a writing executed by the duly-authorized representatives of House of Joy. No other act, document, usage or custom will be deemed to modify or amend this License. This License will inure to the benefit of and will be binding upon each party’s successors and assigns. This License and the licenses granted hereunder may be assigned by House of Joy but may not be assigned by you without the prior express written consent of House of Joy. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this License will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this License due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the License but are for convenience only. You and House of Joy agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this License. The laws of the State of Ohio, excluding its conflicts of law rules, govern this License and your use of the website and the Services. Your use of the website or the Services may also be subject to other local, state, national, or international laws. This License sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.