General Terms and Conditions

This document was last updated on September 15, 2024.

These terms and conditions (“Agreement”) set forth the terms and conditions for your use of the joyomedia.com website (“Website” or “Service”) and all of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and JOYOmedia (“JOYOmedia”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a corporation or other legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case the terms “User,” “you,” or “your” refer to that entity. If you do not have this authority, or if you disagree with the terms of this Agreement, you may not accept this Agreement or access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and JOYOmedia, even though it is electronic and not physically signed by you, and it governs your use of the Website and Services.

Table of Contents

1.Age requirement

Links to Other Resources

Intellectual property rights

4.Limitation of Liability

Indemnification

Dispute resolution

Modifications and amendments

8.Acceptance of these terms and conditions

9.Contacting us

Age Requirement

You must be at least 18 years old to use the Website and Services. By using the Website and Services and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.

Links to Other Resources.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any endorsement, association, sponsorship, approval or affiliation with any linked resource unless expressly stated herein. We are not responsible for researching or evaluating, and we do not guarantee, the offerings of companies or individuals or the content of their resources. We assume no responsibility or liability for the actions, products, services and content of third parties. You should carefully review the legal statements and other terms of use of any resource you access through a link on the Website. Linking to other resources outside the Website is at your own risk.

Intellectual Property Right

“Intellectual Property Rights” means all present and future rights granted by law, common law or equity with respect to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and right to sue for misappropriation, rights in inventions, rights to use and all other intellectual property rights, in each case, whether registered or not, and including all applications and rights to solicit and obtain, rights to claim priority, such rights and all similar or equivalent rights or forms of protection now existing or hereafter existing in any part of the world. This Agreement does not transfer any intellectual property owned by JOYOmedia or third parties, and all right, title and interest in and to such property will remain (as between the parties) solely with JOYOmedia. All trademarks, service marks, graphics and logos used in connection with the Website and Services are trademarks or registered trademarks of JOYOmedia or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be trademarks of third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the trademarks of JOYOmedia or third parties.

Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall JOYOmedia, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenues, sales, goodwill, use of content impact on business, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party had been advised of or could have foreseen the possibility of such damages. To the maximum extent permitted by applicable law, the aggregate liability of JOYOmedia and its affiliates, officers, employees, agents, suppliers and licensors with respect to the Services shall be limited to an amount not to exceed one dollar or the amounts you actually paid in cash to JOYOmedia for the prior one month period preceding the first event or occurrence giving rise to such liability. The limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails its essential purpose.

Indemnification

You agree to indemnify, defend and hold JOYOmedia and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, arising out of or relating to any third-party allegations, claims, actions, disputes or demands made against any of them arising out of or in connection with your content, your use of the Website and Services or any willful misconduct on your part.

Dispute Resolution

The formation, interpretation and performance of this Agreement and any disputes arising hereunder shall be governed by the substantive and procedural laws of The Netherlands, without regard to its conflict of law or choice of law rules and, to the extent applicable, the laws of The Netherlands. The exclusive jurisdiction and venue for actions relating to the subject matter hereof shall be the courts of the Netherlands, and you hereby consent to the personal jurisdiction of such courts. You hereby waive any right to trial by jury in any action arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Amendments and Modifications.

We reserve the right to modify this Agreement or the terms and conditions relating to the Website and Services at any time in our sole discretion. When we do so, we will revise the updated date at the bottom of this page. We may also notify you in other ways, in our sole discretion, such as through the contact information you have provided.

An updated version of this Agreement will become effective immediately upon publication of the revised Agreement, unless otherwise indicated. Your continued use of the Website and Services after the effective date of the revised Agreement (or other action specified at that time) constitutes your agreement to those changes.

Acceptance of These Terms.

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting Us

If you have any questions, concerns or complaints about this Agreement, we encourage you to contact us using the information below:

Email: contact@joyomedia.com
Tel: +31 6 13137044