DATE LAST MODIFIED: March 13, 2024.
THESE TERMS AND CONDITIONS ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND JOY MEDIA WORKS (“JMW”). BY ACCESSING THE ZITOBOX.COM WEBSITE OR ANY RELATED WEBSITE, MOBILE APPLICATION, ZITO BOX FACEBOOK® APP GAMES, OR FAN PAGE (THE “SITE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
You may also accumulate virtual in-game points through Your use of the Site (“Loyalty Points”) that You may exchange for gift cards, virtual in-game items, or other rewards (“Rewards”) as part of our loyalty program (“Loyalty Program”). Loyalty Points are NOT and WILL NOT be awarded in any way related to or based upon the outcome of any game You play during Your use of the Site. LOYALTY POINTS CANNOT BE PURCHASED. LOYALTY POINTS MAY ONLY BE OBTAINED BY PARTICIPATING IN OUR LOYALTY PROGRAM. THE TERMS OF OBTAINING LOYALTY POINTS AS PART OF OUR LOYALTY PROGRAM ARE PROMINENTLY DISPLAYED ON THE SITE.
IMPORTANT NOTE: These Terms contain a dispute resolution and arbitration provision, with a jury waiver and class action waiver that affects Your rights under these Terms and with respect to disputes You may have with JMW.
JMW reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Site. Your continued use of the Site following the posting of such changes constitutes Your acceptance of the revised Terms. JMW may use reasonable commercial efforts to provide notice of material changes to You. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Site.
You agree that JMW may change any part of the Site, including its content, at any time or discontinue the Site or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of using the Site, that Facebook® does not sponsor, endorse, administer, nor is in any way associated with the Site. All questions regarding the Site must be directed to JMW, not Facebook®. You also agree that as a condition of using the Site You shall release Facebook® from any and all liability arising out of Your use of the Site.
JMW will only use any personal information that You provide in connection with Your use of the Site in accordance with the terms of our privacy policy (“Privacy Policy”) available at https://d3v.zitobox.com/privacy-policy By accessing or using the Site, You consent to the collection, use, and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service by email at info@joymediaworks.us.
As mentioned in JMW’s Privacy Policy available at https://d3v.zitobox.com/privacy-policy, JMW uses tracking software, including a Facebook or Meta Pixel. By agreeing to this Privacy Policy, You consent to the past, present, and future use of this and/or similar such tracking software and, to the extent applicable, additionally agree and consent to, and waive any legal claims, damages, and/or causes of action relating to or arising from, JMW’s use of this and/or similar such tracking software that may have occurred prior to You creating an account on the Site.
To use the Site, You must be a natural person, at least 18 years old, who is assigned to the e-mail address or Facebook® account used during the registration process. At our sole discretion, we may require proof that You meet these conditions in connection with Your use of the Site. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Coins, Loyalty Points, and Rewards associated with Your Account.
JMW will not process payments from the State of Washington.
Only 1 Account per household is allowed. A single household having multiple Accounts will result in all said Accounts being banned, and forfeiture of all Virtual Coins, Loyalty Points, and Rewards associated with such Accounts.
The Site may include various forums, blogs, and chat rooms where You and other users can post Your observations and comments on designated topics (“User Content”). You may browse the Site anonymously, but in order to access and use the Site and to post any User Content, You must create an account (“Account”) with JMW by either completing the New User registration form within the Site or through Your Facebook® account (Your “Facebook® Login” which includes any account and account information, including user names, passwords or security questions, whether or not created for the purpose of accessing the Site). When You register through Your Facebook® Login, You will be asked to login with Your Facebook® log-in credentials (“Facebook® Password”) and, if applicable, configure Your privacy settings in Your Facebook® account to permit Your activities on the Site to be shared with Your contacts in Your Facebook® account (as further detailed in our Privacy Policy). By creating an Account via Your Facebook® Login, You are allowing JMW to access Your Facebook® account information and You acknowledge and agree that Your use of the Facebook® website is governed by the terms and conditions of Facebook’s terms of use and its privacy policy, including, without limitation, Facebook’s password and account security policies.
By creating an Account with JMW, You agree to the following rules to protect the security of Your Account and Facebook® Login:
If You do not use Your Account by logging on and playing the games at least once every thirty (30) days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by logging in and playing a game. If Your Account has been deemed inactive, JMW may, at its own discretion, deduct and remove any or all Virtual Coins, Loyalty Points, and Rewards associated with Your Account.
If You decide to use the Site, subject to Your agreement and compliance with these Terms and the Privacy Policy, JMW grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Site. Use of the Site shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Site or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Site, and must refrain from using the Site, as applicable.
You understand and agree that it is our standard policy that all purchases of Virtual Coins are final and nonrefundable. You do not in fact own the Virtual Coins. Rather, by purchasing Virtual Coins, You are merely obtaining a limited license to use the Site that manifest themselves as Virtual Coins. We reserve the right to address all refund requests related to Virtual Coins in our sole discretion. In no instance will a refund for Virtual Coins be provided where the user initiates a chargeback.
By participating in our Loyalty Program, You have the opportunity to obtain Loyalty Points which may be exchanged for Rewards. You do not in fact own the Loyalty Points and the amounts of any Loyalty Points do not refer to any credit balance of real world value or its equivalent. Rather, by obtaining Loyalty Points (whether by purchasing Virtual Coins or engaging in some other qualifying activity), You are granted a limited license to use the software programs that manifest themselves as the Loyalty Points which may be exchanged for Rewards. The exchange of Loyalty Points for Rewards is a completed transaction upon the successful execution of the applicable transaction, and/or redemption of Rewards and shall under no circumstances be refundable, transferable, or exchangeable including, without limitation, upon termination of Your Account, termination of these Terms, and/or the discontinuation of the Site or any portion thereof.
JMW prohibits and does not recognize any purported transfers of Loyalty Points and/or Rewards effectuated outside of the Site, or the purported sale, gift, or trade of anything that appears or originates in the Site, unless otherwise expressly authorized by JMW in writing. Accordingly, You may not sublicense, trade, sell, or attempt to sublicense, trade, or sell Loyalty Points for real money or any other thing of value. Any such transfer or attempted transfer is prohibited and void and will subject Your Account to termination.
You acknowledge and agree: (a) that JMW may change the number of Loyalty Points that must be exchanged to obtain any Reward at any time, without notice, for any reason or for no reason, (b) that the number of Loyalty Points necessary to obtain certain Rewards may fluctuate, and (c) that JMW has no liability to You for any changes in the number of Loyalty Points that must be exchanged to obtain any Reward.
JMW reserves the right, without prior notification, to limit the quantity of the Rewards that You may obtain and/or to refuse to allow You to exchange Loyalty Points for such Rewards. You acknowledge and agree that JMW shall have no liability for loss of Virtual Coins, Loyalty Points, or Rewards due to any technical or game error nor any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third-party activity. JMW may replace such lost Virtual Coins, Loyalty Points, and Rewards at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
JMW owns, has licensed, or otherwise has rights to use the content that appears on the Site. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears on the Site.
You do not in fact own the Loyalty Points (referred to as “Zito Points” on the Site) You accumulate. The amount of Loyalty Points You accumulate does not refer to any credit balance of real-world value or its equivalent. Rather, by obtaining Loyalty Points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event we encounter issues with the game that impact the accumulation of Virtual Coins and/or Loyalty Points or which impacts the redemption of Rewards, JMW reserves the right to correct any such errors.
You may accumulate Loyalty Points by taking certain actions while using the Site. For example, from time to time, we may provide You with the opportunity to obtain Loyalty Points by posting Your in-game achievements to Facebook®, “liking” certain aspects of the Site, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purpose of example and explanation and is not meant to be exclusive or exhaustive.
From time to time, we may provide You with the opportunity to obtain Virtual Coins and/or Loyalty Points without purchase by engaging in some qualifying activity. Thus, NO PURCHASE IS NECESSARY to use the Site and exercise NO PURCHASE NECESSARY offers.
To be eligible to exchange Loyalty Points for Rewards, we require You to register a valid U.S. credit card with us. No purchase is required, and the card is only used for security and account authentication purposes. No credit card information is stored on the Site. The first time You exchange Your Loyalty Points for Rewards, You will be asked to provide Your name and email address. The name You provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Site. The identification will be used by our third-party providers to verify Your eligibility for the Reward.
Once You have exchanged Loyalty Points for a Reward, You are deemed to have obtained that Reward. After obtaining a Reward, You will have a limited time in which to complete a redemption process by following a defined redemption method. Redeeming a Reward that has been obtained on the Site secures that Reward for Your specific use at a particular time. When the redemption process is complete, You may then use the Reward. A Reward is considered used when You receive the Reward code, whether by email, display on the Site, or other means.
Our third-party providers may, at their discretion, place restrictions on the usage of Rewards associated with the goods or services they offer, including, but not limited to, a minimum age requirement, usage black-out dates, a limit as to the number and frequency of Rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exist independently of the Site.
Because the Redemption Period, redemption method, and other terms of Rewards usage may vary, You must review the specific terms and conditions of each Reward before You agree to obtain that Reward in exchange for Loyalty Points. JMW is not responsible for the terms and conditions of the Rewards and bears no responsibility to You for any such unread, misread, or misunderstood terms. The selection and availability of Rewards is subject to change without notice and JMW makes no guarantees as to the availability of any Reward. For the complete terms and conditions of each Reward, please refer to the Reward’s detail found within the Rewards catalog on the Site.
Generally, before the expiration of any Redemption Period, provided You have not obtained and used a Reward, You may cancel any exchange of Loyalty Points for such Reward and receive a full refund of the Loyalty Points exchanged to obtain that Reward. Once You have obtained and used a Reward, You may no longer cancel that Reward, and You will not be eligible to receive a refund of Your Loyalty Points.
On rare occasions, a Reward may become unavailable between the time You exchange Loyalty Points to obtain it and the time You use it. If You are, within the Redemption Period, unable to use a purchased Reward because of such unavailability, You will be eligible to receive a full refund of the Loyalty Points exchanged to obtain that Reward.
If You do not use or if You cancel a Reward during that relevant Redemption Period, the Reward will expire. Your Loyalty Points will not be refunded to You if You allow an obtained Reward to expire.
Some Rewards are of such limited availability that JMW may, in its sole discretion, deem them to be non-refundable. Non-refundable Rewards do not have a Redemption Period and therefore may not be cancelled for a refund of Loyalty Points after they are obtained. You are solely responsible for reading and understanding the refund terms and conditions of each Reward You obtain.
Our third-party providers that supply Rewards reserve the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of the Reward.
Your purchase of Facebook® Credits is governed by Facebook’s Payments Terms (http://www.facebook.com/payments_terms). Facebook® reserves the right to change its Payment Terms, in whole or in part, even though the changes may affect Your accumulated Facebook® Credits. Facebook® may also suspend, remove, or disable access to the Site at any time without notice and may limit the number of transactions or volume of Facebook® Credits JMW is able to accept during a given period of time. Such actions may affect Your ability to access and/or use the Site. You hereby agree that JMW shall have no liability to You as a result of any such actions by Facebook®. Facebook® is a registered trademark of Meta Platforms, Inc.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party providers of goods or services made available on or through the Site, including Your purchase of Facebook® Credits and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third-party providers and solely at Your own risk. You hereby release JMW (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Site. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." If You are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.
JMW may limit, suspend, or terminate Your Account or any rights associated therewith (including, but not limited to, limiting, suspending, or terminating Your ability to purchase Virtual Coins, obtain Loyalty Points, and redeem or use Rewards), including for breach of these Terms or otherwise, without notice and without liability to You. Upon any such termination, Your access to the Site, including all User Content and Your license to use any Virtual Coins, Loyalty Points, and Rewards will be terminated and You will lose any Virtual Coins, Loyalty Points, and Rewards associated with Your Account. JMW shall have the right, but not the obligation, to store any User Content subsequent to any such termination.
You may cancel Your Account at any time by discontinuing Your use of the Service and removing the Zito Box application from Your Facebook® Account. Please note that removing the Zito Box application from Your Facebook® Account will delete Your Account with JMW and all of the Virtual Coins, Loyalty Points, and Rewards associated with Your Account will be lost. JMW is in no way liable to You for the effects of any termination or cancellation on Your use of the Site or the loss of the Virtual Coins, Loyalty Points, and Rewards associated with Your Account.
JMW welcomes and encourages Your feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at info@joymediaworks.us. JMW cannot guarantee that other users will not use the ideas and information that You share on the Site or with us through other means. Therefore, if You have feedback, ideas, or information that You would like to keep confidential do not post it on the Site or otherwise share it with us. You acknowledge and agree that all Feedback, ideas, and other information shared with us will be the sole and exclusive property of JMW, and You hereby irrevocably assign to JMW and agree to irrevocably assign to JMW all of Your right, title, and interest in and to all Feedback, ideas, and information shared with us, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At our request and expense, You will execute documents and take such further acts as JMW may reasonably request to assist JMW to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
JMW IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE, OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.
By making available any User Content through the Site, You hereby grant to JMW a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on or through the Site, by any means, known now or later developed. JMW does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content.
You acknowledge and agree that You are solely responsible for all User Content that You make available through the Site. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Site or that You have all rights, licenses, consents, and releases that are necessary to grant to JMW the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission, or transmittal of the User Content or our use of the User Content (or any portion thereof) will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
JMW reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable, or permanently delete User Content from the Site, with or without notice, for any reason whatsoever or no reason at all. JMW may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Site. You acknowledge that User Content is neither endorsed nor controlled by JMW, and User Content should not be considered reviewed or approved by JMW. By using the Site, You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You are solely responsible for Your activities in connection with User Content, and You agree that JMW will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
You represent and warrant that You have full right and authority to use the Site and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that You shall not defraud, or attempt to defraud, JMW or other users, and that You shall not act in bad faith in Your use of the Site. If JMW determines that You do act in bad faith in violation of these Terms, or if JMW determines that Your actions fall outside of reasonable community standards, JMW may, at its sole discretion, limit, suspend, or terminate Your Account or any of the rights associated therewith and prohibit You from using the Site or any portion thereof.
You further agree that You shall not:
The Site and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except for User Content and as otherwise expressly provided in these Terms, JMW and its licensors exclusively own all right, title, and interest in and to the Site and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
You agree that You shall not:
The Site may contain links to third-party websites or resources that are not owned or controlled by JMW. You acknowledge and agree that JMW is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. JMW does not control nor does it review, research, verify, validate, or approve the third-party sites to which the Site may be linked. Such links, therefore, do not imply any endorsement by JMW of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
JMW conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Site may not be available during maintenance periods. JMW may add, limit, update, disable, remove, change, or discontinue the Site, or any part thereof, at any time, for any reason, with or without notice to You and without liability to You. JMW may require that You accept updates to the Site, and You may also need to update third-party software from time to time in order to access and use the Site. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such activities.
JMW is not liable for any downtime, delays, interruptions, disruptions, lagging, loss or corruption of data, or any technical or political disturbance to the Site, nor any attempt by You to use the Site in ways not intended by us. In the event of a system malfunction, all game play during the time of the malfunction is void. In the event a game is started but fails to conclude because of a failure of the system, JMW may, but is not obligated to, reinstate any Virtual Coins. JMW reserves the right to alter balances and account details to correct such mistakes, and to alter or remove any malfunctioning game, or part thereof, at any time.
All problems encountered during the use of the Site, including those with regard to Your Account, can be reported to JMW when the problem is encountered at info@joymediaworks.us.
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between You and JMW. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Please read this Provision carefully. It provides that all Disputes between You and JMW (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purposes of this Provision, “JMW” means JMW and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and JMW regarding any aspect of Your relationship with JMW, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or invasion of privacy), or any other legal or equitable theory, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief, and includes the validity, enforceability or scope of this Provision. “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND JMW EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, You shall enter into mediation with JMW in good faith to attempt to resolve the dispute. This mediation with JMW is mandatory. In the event that You decline to attempt to mediate with JMW, You irrevocably waive any and all arbitral claims against JMW and without any recourse whatsoever until You mediate with JMW. In no uncertain terms, You agree that mediation with JMW is a condition precedent before any arbitration or lawsuit regarding any Dispute. The mediation shall be conducted in Orange County, Florida and conducted by either a former state court judge or a lawyer mutually agreed upon by the parties. The mediator may not be affiliated with the American Arbitration Association (“AAA”) or JAMS.
If any Dispute is not resolved through mediation, then, except as otherwise provided herein, either You or JMW must submit the issue to binding arbitration in accordance with the then-existing provisions of the Florida Arbitration Code, codified at Fla. Stat. §§ 682.01 to 682.25. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes, who shall be either a former state court judge or a mutually agreeable lawyer. The parties shall either agree upon the arbitrator or, if they are unable to do so, they may each choose an arbitrator, neither of whom may be affiliated with AAA or JAMS. These two arbitrators shall then choose a chief arbitrator, thus constituting a panel of three arbitrators, without any consultation with or input from the parties. The parties agree that any arbitration filed under either AAA or JAMS is immediately vacatable, unenforceable, and non-confirmable.
The arbitrators shall be willing to execute an oath of neutrality. The arbitrators shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by all parties to the arbitration. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
The parties shall each be responsible for paying one half of the fees charged by the arbitrators. If there is any legal reason that this splitting of fees is not permitted, then JMW will pay the arbitrator’s fees if the arbitration is conducted by a single arbitrator. If the parties cannot agree on a single arbitrator and choose a panel of three arbitrators, then each party will pay the fees of the arbitrator they choose, as well as one half of the fees of the lead arbitrator. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, Service, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Payment of Fees and Costs – If JMW is required to enlist the assistance of an attorney, investigator, collections agent, or other person to: i) collect any damages or any other amount of money from You, ii) pursue any claim against You involving Your use of the Site or the Services or any breach of these Terms, or iii) defend any claim brought by You involving Your use of the Site or the Service or any alleged breach of these Terms, then You additionally agree that You will reimburse JMW for all fees, costs, and expenses incurred if JMW prevails. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual damages themselves. You agree that You will pay these fees and costs.
These Terms and all disputes and other matters arising out of, or otherwise relating to, these Terms shall be governed by the laws of the United States and the state of Florida, excluding any conflict of law principles. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms agree that all actions or proceedings arising in connection with these Terms or any services or business interactions between the Parties that may be subject to these Terms shall be brought exclusively in Orange County, Florida. For any litigation permitted under these Terms, the Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any disputes not subject to arbitration. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to Your last known address for any legal action arising from these Terms. Any final judgment rendered against You or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event You breach these Terms, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Should there be a difference between the result indicated on Your software and the server software, the result shown on JMW’s server will be the final and determining result.
These dispute resolution provisions shall survive the termination of Your Account and these Terms.
THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, JMW AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THIRD-PARTY REWARDS PROVIDERS (COLLECTIVELY, THE “JMW PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE JMW PARTIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE JMW PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT JMW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES JMW MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. THE JMW PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER THE JMW PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE REWARDS PROVIDERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE JMW PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE JMW PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JMW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
You agree to indemnify, save, and hold the JMW Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. JMW reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify JMW, and You agree to cooperate with JMW defense of these claims. JMW will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account or of Your access to the Site.
These Terms constitute the entire and exclusive understanding and agreement between JMW and You regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between JMW and You regarding the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without JMW’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. JMW may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given to You by JMW (i) via email (in each case to the address that You provided by Your Facebook® Login) or (ii) by posting to the Site.
Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to JMW Legal Department, 6171 N.W. 72nd Ave, Miami, Florida 33166. Any notices that You provide without compliance with this section shall have no legal effect.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by JMW, 6171 N.W. 72nd Ave, Miami, Florida 33166. If You have a question or complaint regarding the Site, please contact Customer Service at info@joymediaworks.us. You may also contact us by writing to JMW, Attn: ZITO BOX, 6171 N.W. 72nd Ave, Miami, Florida 33166. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The failure of JMW to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JMW. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
We make no representation that the Site is appropriate or available for use in all locations. You may not access or use the Site from territories where their contents may be illegal or are otherwise prohibited. Those who choose to access and use the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms shall be interpreted as an admission that we are subject to the laws of any nation besides the United States.
You are subject to the laws of the state, province, city, country, or other legal entity in which You reside or from which You access and use the Site. THE SITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account or use the Site while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and these Terms, and subject to having Your Account suspended or terminated without any notice to You. You hereby agree that we cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any service offered on the Site, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of the Site in any jurisdiction.
THE SECTION TITLES IN THESE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
