1. Use of Jovy: We are excited to welcome you to Jovy. This Agreement contains the complete terms and conditions that govern the use of Jovy’s website(s) (“Website” or “Websites” or “Site”) which are owned by Galt Two, LLC. BY CLICKING THE “I AGREE” OR BY OFFERING PRODUCTS FOR SALE, ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER JOVY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. JOVY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT JOVY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
We recommend that you periodically review this document to make yourself aware of any changes to it and any continued use of the Site shall constitute your acceptance thereof, whether you have periodically reviewed these terms or not.
2. Creation and Use of Account, Jovy Rights, Your Responsibilities.
3. Confidentiality. Confidential information includes, but will not be limited to, any and all information associated with a party’s business that is not publicly known, including but not limited to: business plans and/or information, software, technical processes, customer and prospective customer lists, sales, and pricing and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Jovy’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public.
Jovy and you agree that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information.
Confidential Information does not include any information that the receiving party can prove: (i) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (ii) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (iii) is rightly obtained by the receiving party after the fact from a source other than the disclosing party without breaching any provision of these terms.
4. No Unlawful Access. You agree that you will not use Jovy’s Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Websites.
5. Submissions. You hereby grant to Jovy a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Jovy through email, phone call, site, or other means of communication (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Jovy will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Jovy operations or businesses.
6. Jovy linking. This Site may be Jovy linked to and by other websites which are not maintained by, or related to, Jovy. Jovy links to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Jovy. Jovy has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Jovy Website to another web page should be accessed at the User’s own risk. Jovy makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site
7. Disclosure Under Law. Jovy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
8. Limitations on Liability. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. JOVY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JOVY DOES NOT WARRANT THAT THE FUNCTIONS AND YOUR STORE ACCESSIBILITY ON ANY JOVY WEBSITE WILL BE UNINTERRUPTED, OR THAT THE PUBLIC WILL HAVE UNINTERRUPTED ABILITY TO ACCESS AND PURCHASE FROM YOUR STORE, NOR DOES IT WARRANT THAT YOUR STORE WILL BE SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOVY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
JOVY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JOVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JOVY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO JOVY OVER THE PRECEDING 12 MONTHS FOR THE SERVICE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
JOVY IS NOT RESPONSIBLE OR LIABLE FOR YOUR TAX LIABILITIES OBLIGATIONS ARISING FROM THE SALE OF PRODUCTS ON OUR PLATFORM.
10. Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this Site are the property of Jovy or the party that provided the Intellectual Property to Jovy. Jovy and any party that provides Intellectual Property to Jovy retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.
Any Intellectual Property uploaded by you onto Jovy remains your Intellectual Property. Additionally, you agree to grant Jovy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD JOVY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOVY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JOVY OR LAW ENFORCEMENT AUTHORITIES.