Terms of Use
Joyful Create & Crop
Table of Contents
1) Introduction
1.1) Purpose
These Terms of Use establish the rules and guidelines for using our website and services. Users agree to comply with these terms and applicable laws and regulations by accessing or using our website. These terms are intended to protect both the website operator and its users by ensuring a clear understanding of the rights and responsibilities of all parties involved.
1.2) Acceptance of Terms
By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you disagree with these terms, you should not use this website. Your continued use of the website constitutes your acceptance of any changes to these terms, which may be updated periodically without prior notice. You must review these terms regularly to stay informed of any modifications.
2) Definitions
2.1) Key Terms
To ensure clarity and a mutual understanding of these Terms of Use, the following definitions apply:
- “Website” refers to our online platform, including all associated services and content.
- “User” refers to any individual or entity accessing or using the website.
- “Content” refers to all text, images, graphics, videos, software, and other materials on the website.
- “Account” refers to the user account created by an individual or entity to access certain website features.
- “Service” refers to any services the website provides.
- “We,” “us,” and “our” refer to the website operator and its affiliates.
- “You” and “your” refer to the user accessing or using the website.
3) User Responsibilities
3.1) Account Registration
Users may be required to create an account to access certain features or services on the website. Users must provide accurate, complete, and current information when registering for an account. Users are responsible for maintaining the confidentiality of their account credentials and are fully responsible for all activities under their account. You must notify us immediately if you suspect any unauthorized account use.
3.2) Accurate Information
Users agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. The website operator reserves the right to suspend or terminate accounts if any information provided during the registration process or after is found to be inaccurate, misleading, or incomplete.
3.3) Account Security
Users are responsible for maintaining the security of their accounts and are liable for any activities or actions taken under their account, whether or not authorized by them. This includes safeguarding your password and other login credentials. Users agree to notify us immediately of any unauthorized use of their account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
4) Intellectual Property
4.1) Ownership of Content
All content available on the website, including text, graphics, logos, images, videos, and software, is the property of the website operator or its content suppliers. This content is protected by applicable copyright, trademark, and other intellectual property laws. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the content for personal, non-commercial purposes, subject to these Terms of Use.
4.2) User-Generated Content
Users may submit, post, or display content on the website, such as comments, reviews, or other materials. By submitting user-generated content, users grant the website operator a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media. Users represent and warrant that they own or have the necessary rights to submit the content and that the content does not violate any intellectual property or other rights of third parties.
4.3) License to Use
Users are permitted to use the content on the website for personal, non-commercial purposes, provided they do not modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the content, except as follows. Users may do so with the prior written consent of the website operator, as allowed by these Terms of Use or as permitted under applicable copyright laws, such as fair use provisions. Users must retain all copyright and other proprietary notices contained in the original content on any copy they make. Unauthorized use of the website content may violate copyright, trademark, and other laws and could result in criminal or civil penalties.
5) Use of the Site
5.1) Prohibited Activities
Users agree to use the website only for lawful purposes and in accordance with these Terms of Use. Activities prohibited include using the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use. Engaging in unlawful, fraudulent, or harmful conduct to the website or other users is strictly forbidden. This includes using any device, software, or routine that interferes with the proper functioning of the website, attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website. Introducing viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material is also prohibited. Users must not use the website to impersonate or attempt to impersonate the website operator, another user, or any other person or entity. Additionally, engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or which, as determined by the website operator, may harm the website operator or users or expose them to liability is not allowed.
5.2) Acceptable Use Policy
Users must comply with the acceptable use policy, which includes using the website consistent with applicable laws and regulations. Users are expected to respect the rights and dignity of others, including privacy and intellectual property rights. Posting or transmitting any defamatory, obscene, offensive, or otherwise objectionable material is not permitted. Users must provide accurate and truthful information when creating an account and interacting with the website. The website is to be used for personal, non-commercial purposes unless specifically authorized by the website operator. Users acknowledge that the website operator reserves the right to monitor the website for compliance with these terms and to take appropriate action, including terminating access if violations occur.
6) Privacy
6.1) Data Collection
We are committed to protecting your privacy. Personal information is collected from users when they register on our website, place an order, subscribe to our newsletter, fill out a form, or engage in other activities, services, features, or resources made available on our site. The information collected may include your name, email address, mailing address, phone number, and payment information. This information is used to process transactions, improve our services, and communicate with you effectively.
6.2) Use of Data
The personal information collected from users is used to provide and enhance our services. This includes personalizing your experience, improving our website, enhancing customer service, processing transactions, sending periodic emails, and administering site features. Personal information is not sold, traded, or otherwise transferred to outside parties except to trusted third parties who assist in operating our website, conducting our business, or servicing you, provided those parties agree to keep this information confidential.
6.3) Privacy Policy Link
For detailed information about how personal data is collected, used, and protected, please refer to our Privacy Policy. This policy is incorporated into these Terms of Use by reference and provides comprehensive details about our data practices and your rights concerning your personal information. By using our website, you consent to collecting and using your information as described in the Privacy Policy.
7) Payments and Billing
7.1) Pricing
The prices for all products and services offered on our website are listed and are subject to change at the discretion of the website operator. We reserve the right to modify or discontinue any product or service without prior notice. All prices are displayed in the currency specified on the website and are inclusive or exclusive of taxes as indicated.
7.2) Payment Methods
We may accept various payment methods to accommodate our users, including major credit cards, debit cards, and digital payment platforms. The accepted payment methods are specified during the checkout process. Users must provide accurate billing information and ensure their chosen payment method has sufficient funds to cover the transaction.
7.3) Billing Information
Users are required to provide current, complete, and accurate billing information for all purchases made through our website. If your billing information changes, you agree to promptly update your account to ensure we can process your transactions and contact you as needed. Failure to provide accurate information may result in suspending or terminating your account and access to our services.
7.4) Refund Policy
Our refund policy outlines the conditions under which refunds may be issued. Refunds are typically processed within a specified timeframe and may be issued in the original form of payment or as store credit. The eligibility for a refund depends on various factors, including the nature of the product or service, the reason for the refund request, and compliance with our refunds and returns policy. Detailed information about our refunds and returns policy is available on our website. If you have any questions or concerns about your purchase, please contact our customer service team for assistance.
8) Third-Party Links
8.1) External Links Disclaimer
Our website may contain links to third-party websites not operated or controlled by us. These links are provided for your convenience and reference only. We do not endorse third-party websites’ content, products, services, or practices. You acknowledge and agree that we are not responsible or liable for the content’s accuracy, legality, or other aspect on third-party websites. Your use of third-party websites is at your own risk, and we encourage you to review the terms and privacy policies of any third-party websites you visit.
8.2) Responsibility for Third-Party Content
We do not have any control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. By using our website, you expressly release us from any liability arising from your use of any third-party website. If you decide to access any third-party websites linked from our website, you do so entirely at your own risk. You are responsible for taking necessary precautions to ensure that whatever you select is free of viruses, worms, trojan horses, and other destructive items. We are not responsible for any loss or damage incurred due to your dealings with any third-party websites or the presence of such links on our website.
9) Disclaimers and Limitation of Liability
9.1) General Disclaimers
The content on our website is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation or availability of the website or the accuracy, completeness, reliability, or timeliness of the content or services provided through the website. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will be error-free, secure, uninterrupted, or that any defects will be corrected.
9.2) Limitation of Liability
In no event shall we, our affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Our total liability to you for any claim arising out of or relating to these Terms of Use or your use of the website shall not exceed the amount paid by you, if any, for accessing the website during the twelve (12) months immediately preceding the date of the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Our liability will be limited to the fullest extent permitted by applicable law in such jurisdictions.
10) Termination
10.1) Termination of Access
At our sole discretion, we reserve the right to terminate or suspend your access to all or part of the website without prior notice or liability for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the website will immediately cease. All provisions of these Terms of Use that should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10.2) Effects of Termination
Upon termination of your access, your right to use the website will immediately cease. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, as well as bar any further access to such files or the website. We shall not be liable to you or any third party for any termination of your access to the website or deletion of your account or content. Any provisions of these Terms of Use intended to survive termination shall continue to apply, including but not limited to intellectual property rights, indemnities, disclaimers, and limitations of liability. If you wish to terminate your account, you may discontinue using the website.
11) Governing Law
11.1) Applicable Law
These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is headquartered, without regard to its conflict of law provisions. Any legal issues will be handled under the local laws applicable to our headquarters, ensuring consistency and predictability in legal matters.
11.2) Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms of Use or your use of the website shall be instituted exclusively in the federal or state courts located within the jurisdiction where our company is headquartered. You and we both agree to submit to these courts’ personal and exclusive jurisdiction and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This provision ensures that disputes will be handled in a consistent legal environment familiar to our operations and legal team.
12) Dispute Resolution
12.1) Informal Negotiations
Before initiating any formal legal action, you agree to attempt to resolve any disputes, claims, or controversies arising from or relating to these Terms of Use or your use of the website through informal negotiations with us. You must initiate this process by sending written notice to our customer service department outlining the nature of the dispute and the relief sought. We will respond within a reasonable time, and both parties will endeavor to settle the matter amicably through good-faith negotiations.
12.2) Arbitration
If a dispute cannot be resolved through informal negotiations, it shall be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another established arbitration body mutually agreed upon by the parties. The arbitration will take place in the jurisdiction of our company’s headquarters, and the arbitrator’s decision will be final and binding on both parties. The arbitrator will have the authority to award any relief that a court of competent jurisdiction could award, including injunctive and declaratory relief, and will follow the terms of these Terms of Use as a court would. The costs of arbitration, including administrative and arbitrator fees, will be shared equally by the parties unless otherwise required by law or the arbitrator’s decision.
12.3) Court Proceedings
If arbitration is not available or enforceable, you and we agree to submit to the personal jurisdiction of the federal and state courts located within the jurisdiction of our company’s headquarters to resolve any disputes. This means that any legal proceedings not subject to arbitration will be brought in these courts. You waive any objections to exercising jurisdiction over you by these courts and to venue in such courts.
13) Changes to the Terms
13.1) Right to Modify Terms
At our sole discretion, we reserve the right to modify or replace these Terms of Use at any time. Changes to the terms will become effective immediately upon posting to our website. You must review these terms periodically to stay informed of any modifications. Your continued use of the website after posting any changes constitutes acceptance of those changes. If you disagree with the new terms, you should discontinue using the website.
13.2) Notification of Changes
We will make reasonable efforts to notify users of any significant changes to these Terms of Use. Notifications may be provided through email, prominent notices on our website, or other appropriate means. However, you must check the terms regularly for any updates. By continuing to access or use the website after any revisions become effective, you agree to be bound by the revised terms.
14) Contact Information
14.1) Customer Support
Users can contact our customer support team with any questions, concerns, or requests related to these Terms of Use or any aspect of our website. We are committed to providing prompt and effective assistance to ensure a positive user experience. Contact details, including email and phone support, are provided on our website.
14.2) Reporting Violations
If you encounter any violations of these Terms of Use or have concerns about the conduct of other users, please report them to us immediately. You can report violations by contacting our customer support team using the contact details provided on our website. We take all reports seriously and will investigate any issues promptly to ensure the safety and integrity of our website and services.