These Terms of Service were last updated on September 17, 2021.
Joymode, Inc. (“Joymode,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.joymode.com (the “Site”) and through its mobile applications, Rental Partners (defined below), and related services (collectively, such services, including any new features and applications, and the Site, are referred to as the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also use commercially reasonable efforts to notify you that the Terms of Service have changed, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your affirmative acceptance of the new Terms of Service via the Services and/or continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services, including additional terms and conditions of Joymode and/or third party terms and conditions that may be posted on the Service or otherwise provided to you from time to time, including, without limitation, the Privacy Policy located at https://joymode.com/privacy-policy. All such additional terms are hereby incorporated by reference into these Terms of Service.
The Service is generally designed to permit users to reserve and rent (“Reservation”) leisure and other equipment (“Equipment”) offered either on the Site or at the store location of a Joymode’s authorized retail partner (“Rental Partner”) for periodic, short-term personal use; other specific offerings through the Service may have other parameters, permissions or requirements. Unless otherwise separately agreed by you and us, the term of your Equipment rental will begin upon the arrival of the Equipment at your designated shipping location by carrier or when you pick up the Equipment at the local Joymode or Rental Partner facility designated in your Reservation (your “Acceptance”), and the term of your Equipment rental will end upon receipt of the Equipment (in proper condition) at the return location designated in the Reservation, either through a carrier or by personal drop off (“Return”).
You may be required to register with Joymode in order to access and use certain features of the Service, including rental of Equipment. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form [and during such registration and rental processes you also expressly agree to be bound by these Terms and Conditions]. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of and registration by, your parent or guardian.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Joymode of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Joymode will not be liable for any loss or damage arising from your failure to comply with this Section or any other requirements set forth in these Terms of Service.
Joymode reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Joymode will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that Joymode may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Joymode’s servers on your behalf. You agree that Joymode has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Joymode reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Joymode reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Joymode and our other related entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Joymode account information to ensure that your messages are not sent to any prior or deactivated number.
You agree that upon your Acceptance and until Return, you (and not Joymode) will be responsible for any loss, damage, or destruction of the Equipment, including damage caused by you, any third parties and any unforeseen or uncontrollable events, and you agree to return the Equipment in the same condition as you received the Equipment (with the exception or ordinary wear and tear, the “Rental Condition”). You agree that you will use any Equipment solely for its intended and reasonably foreseeable use, and further that you will:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Equipment or the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Joymode. Joymode reserves the right to investigate and take appropriate legal action against anyone who, in Joymode’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
You acknowledge that Joymode may charge, in addition to rental or any other agreed upon fees, additional fees for late Returns (together, “Additional Fees”) as described on the Site. You further authorize Joymode to bill your payment instrument from time to time for any such Additional Fees and (i) for up to three times the full replacement value as listed on the Site at the time of your rental (the “Replacement Value”) of any Equipment which is destroyed or which you fail to Return within seven (7) days or notice from Joymode that your Equipment rental is overdue, and (ii) for the reasonable costs of repair or diminution in value which shall not, in either case, exceed three times Replacement Value, of any Equipment which Joymode determines, in its sole and reasonable discretion, was not returned in Rental Condition.
If you dispute any charges you must let Joymode know within sixty (60) days after the date that Joymode charges you. We reserve the right to change Joymode’s rental prices, additional fees and terms and conditions, from time to time. If Joymode does change rental prices, Joymode will provide notice of the rental price change on the Site or in email to you, at Joymode’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the rental price change becomes effective constitutes your agreement to pay the changed amount. Joymode may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Joymode thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including attorneys’ fees. You are also responsible for all taxes associated with the Services other than U.S. taxes based on Joymode’s net income.
Unless otherwise expressly authorized herein or in the Service or in your Reservation, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, the Equipment or any portion of the Equipment or the Service or any portion of the Service, use of the Service, or access to the Service. Unless otherwise expressly authorized herein or in the Service or in your Reservation, the Service and the Equipment are for your personal use.
Joymode offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Joymode and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Joymode, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Joymode from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Joymode, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Joymode.
The Joymode name and logos are trademarks and service marks of Joymode (collectively the “Joymode Trademarks”). Other company, product, and service names and logos used and displayed via the Service or with the Equipment are trademarks or service marks of their respective owners who do not endorse or sponsor Joymode. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Joymode Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Joymode Trademarks will inure to our exclusive benefit.
Under no circumstances will Joymode be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Joymode does not pre-screen content, but that Joymode and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Joymode and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Joymode, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Joymode and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Joymode are non-confidential and Joymode will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Joymode may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Joymode, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Joymode respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Joymode of your infringement claim in accordance with the procedure set forth below.
Joymode will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Joymode’s Copyright Agent at support@joymode.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
68 Fifth Avenue, Third Floor, New York NY 1001
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to Joymode’s Copyright Agent:
If a counter-notice is received by Joymode’s Copyright Agent, Joymode will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Joymode has adopted a policy of terminating, in appropriate circumstances and at Joymode's sole discretion, users who are deemed to be repeat infringers. Joymode may also at its sole discretion limit access to the Service and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Joymode has no control over such sites and resources and Joymode is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Joymode will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Joymode is not liable for any loss or claim that you may have against any such third party.
You may choose to enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Joymode’s use, storage and disclosure of information related to you and your use of such services within Joymode (including your friend lists and the like), please see our Privacy Policy at https://joymode.com/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Joymode shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Joymode is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Joymode is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Joymode enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Although this Site and the Services may be accessible worldwide, not all Equipment discussed or referenced in the Service are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of Equipment in one location or jurisdiction as compared to other locations or jurisdictions. You access the Services on your own initiative and at your own risk, and are responsible for compliance with local laws, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Service and/or the provision of any Equipment, product or service to any person, geographic area or jurisdiction, at any time and in our sole discretion.
You agree to release, indemnify and hold Joymode and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) or damage to property (tangible or intangible) arising out of or relating to your rental or use of the Equipment or the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of Joymode’s or any third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE AND ANY EQUIPMENT IS AT YOUR SOLE RISK. THE SERVICE AND ANY EQUIPMENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE OR ANY EQUIPMENT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR ANY EQUIPMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY EQUIPMENT WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY EQUIPMENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL RENTED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOYMODE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOYMODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE/EQUIPMENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE EQUIPMENT AND SERVICES RESULTING FROM ANY EQUIPMENT, DATA, INFORMATION OR SERVICES RENTED, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR EQUIPMENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR EQUIPMENT. IN NO EVENT WILL JOYMODE’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID JOYMODE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE OR THE EQUIPMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE AND EQUIPMENT (SUBJECT TO YOUR RETURN OF THE EQUIPMENT AND PAYMENT OF ANY APPLICABLE CANCELLATION/TERMINATION FEES).
Certain Equipment provided by Joymode may include video game, video game accessory, virtual reality and related activities which may include a number of experiences, including but not limited to experiences that are or may be frightening, thrilling, physically active and/or otherwise immersive (“Immersive Activities”). You understand and acknowledge that such experiences like the Immersive Activities are highly interactive and can feel extremely realistic at times. Certain people may experience nausea, disorientation, vertigo, seizures, motion sickness, general discomfort, headaches, anxiety or other physical, mental or health-related injuries as a result of Immersive Activities. Those with epilepsy may be adversely affected by Immersive Activities. On behalf of yourself and any of your other users of the rental Equipment or Services you voluntarily assume all associated risks, and take full responsibility for these and any other consequences that may arise from the Equipment and any Immersive Activities. Joymode is not responsible or liable for any injury, illness or other effect incurred while using the Equipment or Services, including Immersive Activities. IT IS UNDERSTOOD THAT YOU ARE VOLUNTARILY USING THE EQUIPMENT PROVIDED BY JOYMODE WITH FULL KNOWLEDGE THAT THERE ARE INHERENT RISKS, HAZARDS, AND DANGERS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH RECREATIONAL ACTIVITIES (WHETHER SUCH ACTIVIITIES ARE IMMERSIVE ACTIVIITES, OUTDOOR ACTIVITIES SUCH AS CAMPING, HIKING, BACKPACKGING, SPORTS OR OTHERWISE), AND ANY OTHER ACTIVITY YOU MAY ENGAGE IN WHILE USING THE EQUIPMENT. YOU ASSUME AND ACCEPT ANY AND ALL RISKS THAT MAY BE ASSOCIATED WITH USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE OR LOSS, SERIOUS INJURY, PARALYSIS OR DEATH TO YOUR OR ANY OF YOUR USERS.
Immersive Activities may not be appropriate for children, young adults or other persons. Equipment may contain small parts or may otherwise be hazardous to children. Keep dangerous Equipment out of reach of children.
We do not expressly or otherwise guarantee or warrant the Equipment for any specific performance or purpose. If any item of Equipment malfunctions or fails to perform as it is described, you agree to stop using it immediately and you agree our maximum liability to you is refund of the rental fee associated with that item. It is understood that forces of nature, and other occurrences while indoors or outdoors or when engaged in Immersive Activities might create less than ideal conditions for your planned use of the Equipment. DO NOT USE OUR EQUIPMENT IF CONDITIONS ARE NOT APPROPRIATE OR IF YOU ARE NOT FAMILIAR WITH THE REQUIREMENTS FOR SAFE AND APPROPRIATE USEAGE OR IF THE EQUIPMENT APPEARS DAMAGED. Joymode cannot and will not assume any financial responsibility related to the quality of your experience while using our Equipment.
Items used for camping, sporting activities and any other outdoor recreation activities (including, but not limited to, camping stoves, grills, coffee related items, tents and sleeping bags) as well as all Equipment utilized for Immersive Activities have specific considerations and cautions associated with their use. IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF WITH THE USER MANUALS AND WARNINGS FOR EACH ITEM YOU RENT FROM US, TO CHECK ALL ITEMS PRIOR TO EACH USE, AND TO USE THE EQUIPMENT PROPERLY.
In addition to and not in limitation of any other indemnity and release herein, you hereby agree to hold harmless and indemnify and defend Joymode and its officers, directors, employees and agents from and against any and all liabilities, losses, damages, demands, claims, suits, actions, judgments, causes of action, assessments, costs and expenses, including, without limitation, interests, penalties, attorneys' fees, any and all expenses incurred in investigating, preparing and defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation, asserted against, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result of or arising out of your use of the Equipment and/or any activities therewith including without limitation Immersive Activities.
Unless otherwise prohibited by applicable law, at Joymode’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service or Equipment that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Joymode changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Joymode’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Joymode in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Joymode, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service/Equipment and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Joymode believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Joymode may also in its sole discretion and at any time discontinue providing the Service/Equipment, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Joymode may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Joymode will not be liable to you or any third party for any termination of your access to the Service/Equipment.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Joymode will have no liability or responsibility with respect thereto. Joymode reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service as Joymode determines in its sole discretion.
These Terms of Service, together with any additional terms and conditions provided by Joymode, constitute the entire agreement between you and Joymode and govern your use of the Service (including any Equipment), superseding any prior agreements between you and Joymode with respect to the Service. As noted, you also may be subject to additional terms and conditions that may apply to specific elements of the Service or Equipment or when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Joymode agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Joymode to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Service/Equipment or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Joymode, but Joymode may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At Joymode, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may contact us at Joymode, Inc., 68 Fifth Ave, Third Floor, New York, NY 10011.
Please contact us at support@joymode.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service/Equipment.