JOY ANTHOLOGY TERMS AND CONDITIONS
Last Updated: 07/19/2019
Welcome to Joy Anthology. Joy Anthology is a service developed by 442 Design Co, LLC. Joy Anthology provides a means for individuals, as well as their family and friends, to create a digital guest book including notes, salutations, signatures and photographs. By using or accessing Joy Anthology, you acknowledge and agree that such use and access is subject to the following Terms and Conditions, as well as our Privacy Policy. Absent acknowledgement and agreement to the Terms and Conditions, you are not authorized to access or otherwise use Joy Anthology. Under these Terms and Conditions, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site. “Use” or “access” of the Site also includes and any stored or cached information obtained from the Site, as well as any access or use of any information obtained from or contained on the Site, regardless of the method used to obtain information.
These Terms and Conditions apply to all “Hosts” and “Guests” of Joy Anthology. For the purposes of Joy Anthology, Hosts are defined as the person or persons who purchase a Guestbook, or who coordinate, plan, or orchestrate the use of a Guestbook related to an event. A Guest is defined as any person who is invited by a Host or another Guest to post an entry to a Guestbook, or who is invited to attend an event for which a Guestbook is being used. All individuals should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Rentitfromowner.com. You are not authorized to use this Site unless you are at least 18 years of age, and able to enter into legally binding contracts. No information is knowingly collected from anyone under 18 years of age.
These Terms and Conditions may be revised and/or updated at any time, and the most recent version will be accessible through this page. You will be notified through Joy Anthology’s services or by other direct communication in the event that any material or substantive changes are made to the Terms and Conditions. These Terms and Conditions will be controlling in the event that there are any inconsistencies with off-line materials or documents. You are advised to check this page on a regular basis to ensure you understand the most current Terms and Conditions.
Please carefully and completely review the following Terms and Conditions. These Terms and Conditions constitute a binding agreement between you and 442 Design Company, LLC for the use of Joy Anthology.
I. Establishing an Account
You must be at least 16 years of age to create an account for Joy Anthology. In order to establish an account you will be required to submit specific information including your name and email address. As a Host of Joy Anthology it is your responsibility to ensure that your account password is kept confidential. In the event that you suspect the unauthorized use of your account, it is your responsibility to notify Joy Anthology.
II. Host and Guest Conduct
Joy Anthology is intended to be used as a service to bring family and friends together to share memories and commemorate special occasions. As such, Joy Anthology is committed to maintaining a safe and respectful service for its Hosts and Guests. Certain conduct and/or content will not be permitted on Joy Anthology. This prohibited conduct includes, but is not limited to the following:
Abusive, profane or otherwise obscene language;
Language or comments that are intended, or could be reasonably construed as defamatory in nature:
The use of material that is subject to the protection of any copyright, trademark, patent, or any other protection afforded to trade secrets or proprietary information.
Materials intended for the solicitation of services from any party in exchange for money;
Any corrupted files containing viruses or other corruptive data that could compromise Joy Anthology’s services or its Hosts or Guests;
Anything that appears to promote or further illegal activity;
Anything that violates any state or federal law or regulation; or
Any post that lists a third-party link to anything considered to be prohibited.
The above list is not exhaustive. Joy Anthology may, under its sole discretion, identify content believed to be prohibited and remove it without notice.
Hosts and Guests are solely responsible for the information provided through the service. The Hosts and Guests are responsible for the information posted.
Joy Anthology does not assume any liability for, nor does it guarantee the suitability of any information provided through Joy Anthology by Hosts and/or Guests.
III. Digital Image Storage
As part of its services, Joy Anthology offers storage of the Host’s guest book including photographs, messages, and other information submitted by Hosts and Guests. Hosts should always back-up the information submitted to Joy Anthology in a location or device separate from Joy Anthology. Joy Anthology does not assume any liability arising out of lost or non-retrievable information.
IV. Links to Other Sites
To the extent that Joy Anthology contains links to third-party websites, Joy Anthology does not assume any responsibility for or liability arising out of those websites or the information contained within such websites.
V. Privacy Notice
Keeping and maintaining your trust is incredibly important to Joy Anthology, and safeguarding your privacy is a key component of that relationship. Joy Anthology has taken specific steps to protect your privacy. Any submission of personal information through Joy Anthology is governed by our Privacy Notice. The Privacy Notice is hereby incorporated by reference into these Terms.
VI. Ownership of Material
In order to provide services to its Hosts and Guests, Joy Anthology uses certain material that is subject to copyrights or trademarks. This material may include marketing materials, information to Hosts and Guests, videos, photographs, logos, graphics, or other information that is proprietary in nature. This content, unless otherwise specified, is under the sole ownership of Joy Anthology and 442 Design Co, LLC. Such materials are protected by federal law and cannot be reproduced, imitated, or used by any other party without express written consent by 442 Design Co, LLC. Nothing in these Terms and Conditions is meant to confer any licensing rights or intellectual property rights on any third-parties, Hosts and/or Guests.
VII. The Host’s Rights to Their Intellectual Property
Hosts will retain ownership of information specifically provided by them through Joy Anthology. This includes all information provided by a Host’s Guest through Joy Anthology. No Guest should provide information through Joy Anthology for which the Guest claims intellectual property rights. The Host does not have intellectual property rights over any tools, templates, or codes used by the Host that is provided by Joy Anthology. Such tools and templates remain the intellectual property of Joy Anthology.
By creating an account with Joy Anthology, Hosts warrant to Joy Anthology that all information submitted through Joy Anthology is owned by the Host and is not the property of any third-party. Similarly, all Guests warrant to Joy Anthology that all information submitted through Joy Anthology is not the property of any third-party. If such information is owned by a third-party, the Host or Guest warrants that they have received written permission by that third-party to use such information. Joy Anthology and 442 Design Co, LLC assume no responsibility for or liability arising out of a Host’s misappropriation of information owned by a third-party. The Host is solely responsible for any copyright violations that they may incur in relation to misappropriation of information owned by a third-party.
VIII. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Joy Anthology and 442 Design Co, LLC WILL HAVE NO AND ASSUME NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF Joy Anthology and 442 Design Co, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES PROVIDED THROUGH AND BY JOY ANTHOLOGY, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES PROVIDED THROUGH AND BY JOY ANTHOLOGY, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED THROUGH AND BY JOY ANTHOLOGY.
In addition, when using the services provided by Joy Anthology, information will be transmitted through means that are not within the control and jurisdiction of Joy Anthology. Joy Anthology, therefore, does not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services provided through Joy Anthology.
IX. Remedies, Jurisdiction, Choice of Law, and Time Limit
A Host’s sole and exclusive remedy for any dispute with Joy Anthology and/or 442 Design Co, LLC is for the Host to discontinue their use of Joy Anthology. Where applicable, in no event shall the liability of Joy Anthology and/or 442 Design Co, LLC exceed the amount paid by the Host to Joy Anthology over the course of the preceding 12 month period.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN POLK COUNTY, IOWA, WITHIN THE APPLICABLE STATUTE OF LIMITATIONS IDENTIFIED IN SECTION 614.1 OF THE IOWA CODE.
X. Termination of Accounts
In its sole discretion, Joy Anthology may terminate the Host’s account, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms and Conditions, or (ii) conduct Joy Anthology believes is harmful to other Hosts or the business of Joy Anthology. The Host agrees that Joy Anthology and/or 442 Design Co, LLC will have no liability whatsoever to you or any other party as a result of a termination of your access to the services provided through Joy Anthology, the website or mobile application, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
XI. Entire Agreement; Non-waiver; and Severability
By using the Joy Anthology, you are indicating that you accept these Terms and Conditions and that you agree to be bound by them. Acceptance of these Terms and Conditions creates a binding contract between you and Joy Anthology. More specifically, you agree to use Joy Anthology only in a way consistent with these Terms and Conditions. These Terms and Conditions constitute the entire agreement.
To the extent that any Term or Condition is not enforced by Joy Anthology, such inaction will not constitute a waiver of such Term or Condition. If any portion, provision, or part of these Terms and Conditions is held, determined, or adjudicated to be invalid, unenforceable or void by a court of competent jurisdiction, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of these Terms and Conditions, and shall not affect the validity or enforceability of such remaining portions, provisions or parts.
XII. Reporting Violations of These Terms and Conditions
You can report abuse of these Terms to hello@joyanthology.com
XIII. Contact Information
Please contact us with any questions:
442 Design Co, LLC
2815 48th Street
Des Moines, IA 50310