These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the bottom of this page. Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Website and information collected from you on and after the Last Revised date, unless we have other written communications with you.
THE JOYLAB may make changes to the Sites, content, services or features of the Sites at any time. You understand and agree that THE JOYLAB may discontinue or restrict your use of any Site at any time for any reason or no reason and with or without notice.
Your access to or use of certain aspects of the Services or the Sites may be subject to additional terms, conditions, details and specifications, posted to the Sites, or may require you to agree with and accept additional terms and conditions ("Supplemental Terms"). By accessing or using those aspects of the Services or the Sites (or booking such Event) you are expressly agreeing to such Supplemental Terms. If there is a conflict between the terms and conditions of these Terms and terms and conditions of any Supplemental Terms, the terms and conditions of the Supplemental Terms will take precedence with respect to your access to or use of those Services or that area of the Site (or booking of such Event).
Any Content, as defined below, is made available for your personal, noncommercial use, provided that you may use the Services in connection with a corporate Event. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law.
The Sites are controlled within the United States of America and are directed to individuals residing in the United States. Those who choose to access the Sites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. THE JOYLAB does not represent that the Sites or Content are appropriate outside the United States of America. THE JOYLAB reserves the right to limit the availability of the Sites for any person, geographic area or jurisdiction at any time in its sole discretion.
In consideration of your use of the Sites, you represent that you are of an age to form a legal binding contract and you are not prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction.
The Sites are directed to persons 13 years of age or older and the Services on the Sites are directed to persons 18 years of age or older. THE JOYLAB and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Sites. If you provide information to THE JOYLAB through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on a Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf.
You acknowledge and agree that, as between THE JOYLAB and you, all right, title, and interest in and to the Sites and the Content, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by THE JOYLAB, its subsidiaries, affiliates, licensors, related entities other content providers, and are protected by United States intellectual property and other applicable laws.
You acknowledge and agree that as between THE JOYLAB and you, all content available through the Sites or otherwise presented by THE JOYLAB or developed or produced by THE JOYLAB in connection with the Services, including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the "Content") shall remain the exclusive property of THE JOYLAB and THE JOYLAB shall retain all rights with respect to same, including, the sole right to implement, use, publish and/or publicly disseminate the Content. You agree that you will not use any Content other than as directed by THE JOYLAB, without THE JOYLAB's prior written consent. Subject to THE JOYLAB's compliance with applicable laws, you hereby grant THE JOYLAB a license and right to use and reuse the photographs and recordings taken at any Event solely for its promotional purposes, including, in whole or in part or in any edited or modified form, for display on websites and social media sites designated by THE JOYLAB, as well as in promotional emails and newsletters, accessible throughout the world, for such period of time as determined by THE JOYLAB. To the extent that any such photograph or recording contains any identifiable person that is a guest or attendee at your Event ("Event Guest"), you represent and warrant that you will obtain such Event Guest's consent to use such photographs and recordings taken at the Event for its promotional purposes as specified in the preceding sentence.
All Content is the copyright and property of THE JOYLAB, its subsidiaries, affiliates, licensors, related entities or its content providers and is protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or the Content other than as expressly authorized by THE JOYLAB in writing.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to THE JOYLAB, its subsidiaries, affiliates, licensors, related entities or its content providers. Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement, or recommendation of THE JOYLAB by the respective trademark owners. Without limitation, THE JOYLAB and other valuable trademarks are owned by THE JOYLAB, its subsidiaries, licensors, or related entities.
The Sites contain some features and areas that require registration and creation of an account with an account ID and password (collectively, "Registered Area"). You agree to provide only accurate and truthful information in creating or maintaining an account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. When you register for a Registered Area and each time you access your account, you agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify THE JOYLAB of any unauthorized use of your password or account or any other breach of security. THE JOYLAB reserves the right to delete, modify or remove any content on any account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified or removed from the account. THE JOYLAB is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section or these Terms.
The Sites, which include THE JOYLAB's social media, apps, and other online locations, may include features which allow users to submit content that others can access. You retain rights you hold in content that you submit to any Site. All user content submitted or views posted or made available on the Sites are strictly those of the originating author or user, who shall be solely responsible for such content. THE JOYLAB may or may not screen, review, monitor or respond to any content submitted by users, and is not responsible for the accuracy or truthfulness of any user content. However, THE JOYLAB reserves the right to edit, block, or remove any content at any time. Use of or reliance on user content is entirely at your own risk.
You agree that the following actions, without limitation, are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and THE JOYLAB reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites, its content, or the Services. In the case of inappropriate use, THE JOYLAB may take such measures as it determines in its sole discretion. By way of example, and not as limitation, you agree that you will not and will not cause, advocate, encourage, or assist any third party to: (i) use the Sites or any user content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (ii) violate any terms, conditions, code of conduct or other guidelines which may be applicable to the Site where posted; (iii) take any action that imposes an unreasonable or disproportionately large load or adverse impact on the Site (such as uploading files that contain viruses); (iv) engage in unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to user content; (v) aggregate, copy, duplicate, publish, transmit, distribute, license, sell or otherwise exploit or make available the Sites, the Services, any Content or user content, or any element thereof, to third parties, or use the Sites for unsolicited advertising; (vi) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy, intellectual property, and publicity) of others; (vii) access the Services if you are our competitor, except with our prior written consent, or access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, but not limited to, building a competitive product or service; (viii) submit viruses, mal-ware, or any other technologies, including without limitation, cancel bots, Trojan horses, harmful code, corrupted files, flood pings, denial-of-service attacks, packet, screen scrapers, automated tools, or IP spoofing, that may harm THE JOYLAB, or the interests or property of users; (ix) use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality or attempt to access any area of the Site to which your access is not authorized or THE JOYLAB's computer systems, or the technical delivery systems of THE JOYLAB's providers; or (x) engage in any other action that, in the judgment of THE JOYLAB, exposes it or any third party to potential liability or detriment of any type.
By submitting content to the Sites, you grant THE JOYLAB a royalty-free, perpetual, irrevocable, worldwide license, without further compensation, to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond termination of these Terms for any reason by any party. You warrant and covenant that the content you submit is true, your own original work, and does not violate any applicable law, infringe or violate any other person's or entity's rights, or require any third party releases or any payment to a third party.
The Sites may contain advertisements, postings and links to websites operated by other parties. The Sites provide these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked websites are not under the control of THE JOYLAB which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties' products or services do not imply THE JOYLAB's endorsement of information, material, products or services of any other party or any other website. THE JOYLAB disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that THE JOYLAB is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
THE JOYLAB reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Sites, Content, Services or any portion thereof, with or without notice. You agree that THE JOYLAB will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, Content, Services, access to the Registered Area or any portion thereof.
THE JOYLAB reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content, Services or any portion thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that THE JOYLAB shall not be liable to you or any third party for any such suspension, discontinuance or termination.
Every month THE JOYLAB runs contests, based on a combination of skill and chance, for registered members to win free products or tickets. These contests are named based on the marketing factos such as 'seasons, target audience, sponsors, etc.' (together “Giveaways”) We advertise our Giveaways through various means, depending upon the type of Giveaway and the channels we use. You can find out about them on TheJoyLab.com or through TheJoyLab's social media channels that are part of the THE JOYLAB Online Community.
Terms for Giveaways. Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on TheJoyLab.com (the "Specific Giveaway"). If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.
No purchase necessary to enter or win a sweepstakes offered by THE JOYLAB. In some cases, purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway.
Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, THE JOYLAB Giveaways are open to legal residents of the 50 United States and Canada (excluding the Province of Quebec), who are the age of majority in their jurisdiction (“Entrants”). Sweepstakes supervisors and members of their immediate families, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is THE JOYLAB Corporation. PO Box 190564, Dallas, Texas 75219 United States ("Sponsor" or "THE JOYLAB").
Sweepstakes Period. The Sweepstakes begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in Texas time, whether Central Daylight or Central Standard Time.
Only one entry per natural person per Giveaway. Unless otherwise noted in the Specific Giveaway, you may only enter one time. Multiple entries for sweepstakes will not increase your chances of winning (you will still only receive one entry). If you enter more than once in a contest, only your last eligible entry will be counted.
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and THE JOYLAB may be required to issue you a tax form 1099.
How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels THE JOYLAB uses to launch Giveaways are free to join and THE JOYLAB makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway.
If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
Odds. The odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection. On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Giveaway, one (1) Entrant will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrant”). In the event the Selected Entrant is a Canadian resident, s/he will be provided a skills question s/he must answer correctly in order to receive the prize.
Contest Winner Selection. At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.
Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping to the United States and Canada (excluding Quebec).
Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor ,and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively "Releasees") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any THE JOYLAB Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction. Disputes regarding these terms will be governed by the internal laws of the State of Texas. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE JOYLAB AND ITS RESPECTIVE OFFICERS, DIRECTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, FROM AND AGAINST ANY DAMAGE, LOSS, LIABILITY, CLAIM, OBLIGATION, DEMAND, ACTIONS, SUITS, COSTS AND EXPENSE (INCLUDING WITHOUT LIMITATION ALL REASONABLE ATTORNEYS' FEES AND EXPERT'S FEES AND EXPENSES, AND ALL OTHER EXPENSES OF INVESTIGATION AND DEFENSE), JUDGMENTS OR AWARDS OF ANY KIND OR NATURE (COLLECTIVELY, "LOSSES") MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING: (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT OR SERVICES OR ANY PORTION THEREOF; (B) YOU OR YOUR EVENT GUESTS/ATTENDEES DEALINGS IN CONNECTION WITH THE SITES, THE JOYLAB OR ANY VENUES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, SERVICE PARTNERS, VENDORS, SUPPLIERS, SUBCONTRACTORS OR OTHER THIRD PARTIES (COLLECTIVELY, "MERCHANTS"). IN CONNECTION WITH ANY EVENT; (C) YOUR SUBMISSION(S) OR ANY MATERIALS OR CONTENT YOU SUBMIT OR TRANSMIT TO THE SITES OR TO THE JOYLAB; (D) YOUR VIOLATION OF THESE TERMS, OR OTHER GUIDELINES OF ANY SITE, ANY APPLICABLE LAWS, OR THE RIGHTS OF THE JOYLAB OR ANY THIRD PARTY; AND/OR (E) ANY ACTIVITY RELATED TO YOUR USE OF ANY RESTRICTED AREA, OR ANY OTHER PERSON ACCESSING THE SITES, USING YOUR ACCOUNT OR THE SERVICES.
THE SITES, THE SERVICES, ALL CONTENT, AND ANY PORTION THEREOF, ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE JOYLAB MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY SITES, CONTENT, THE SERVICES, OR ANY PORTION THEREOF. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, CONTENT AND SERVICES, OR ANY PORTION THEREOF, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY THE JOYLAB OF THE SAFETY, SUITABILITY, FUNCTIONALITY OR USEFULNESS OF ANY OF THE SERVICES, THE SITE, THE CONTENT, OR ANY PORTION THEREOF. THE JOYLAB MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE JOYLAB DISCLAIMS ALL LIABILITY AND OBLIGATION AND SHALL NOT HAVE ANY LIABILITY OR OBLIGATION TO YOU, ANY OF YOUR EVENT GUESTS/ATTENDEES OR ANY OTHER PERSON FOR OR ON ACCOUNT OF (A) ANY LOSSES SUSTAINED BY, OR ANY LOSSES INCURRED BY OR ASSESSED OR ASSERTED AGAINST OR IMPOSED UPON YOU, ANY EVENT GUEST/ATTENDEE OR ANY OTHER PERSON; OR, (B) ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS OR ANY INTERRUPTION OF BUSINESS) WHETHER SUCH CLAIM OR ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE, EVEN IF THE JOYLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, WHICH IN ANY MANNER, DIRECTLY OR INDIRECTLY, ARISES OUT OF OR RELATES TO OR IS IN CONNECTION WITH THE SITES, THE CONTENT, THE SERVICES, ANY EVENT, OR ANY OTHER LOSSES INCURRED BY YOU, ANY EVENT GUEST OR ANY OTHER PERSON. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE JOYLAB SOLELY ARRANGES FOR THE PROVISION OF GOODS AND SERVICES FROM MERCHANTS AND THE JOYLAB DOES NOT ASSUME ANY RESPONSIBILITY FOR AND CANNOT BE HELD LIABLE FOR ANY LOSSES CAUSED BY ANY MERCHANTS. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE, YOU, YOUR EVENT GUESTS/ATTENDEES AND EACH OTHER PERSON AGREES THAT THE SOLE AND TOTAL LIABILITY OF THE JOYLAB SHALL BE LIMITED, IN THE AGGREGATE, TO THE NET AMOUNT RETAINED BY THE JOYLAB FROM YOU FOR THE SERVICES PROVIDED BY THE JOYLAB IN THE PRIOR SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE OR IF NO SERVICES WERE PROVIDED BY THE JOYLAB DURING SUCH SIX (6) MONTH PERIOD, ONE HUNDRED DOLLARS ($100). THE PARTIES EACH FURTHER AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES AND IN CONSIDERATION FOR THE SERVICES PROVIDED HEREUNDER.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is THE JOYLAB Corporation, PO Box 190564, Dallas, Texas 75219. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address. 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 Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
These Terms, your use of the Site or the Services, any transactions conducted thereby, is governed by the law of the State of Texas, without giving effect to its or any other jurisdiction's conflict of law provisions, provided that all matters relating to arbitration, shall governed by the Federal Arbitration Act.
Any controversy or claim arising out of or relating to these Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules ("AAA Rules"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules") and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and THE JOYLAB agree that any arbitration shall be limited to the dispute between THE JOYLAB and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is not right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and THE JOYLAB agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or THE JOYLAB's intellectual property rights; (2) any dispute related, or arising from, allegations of invasion of privacy or unauthorized use; (3) any dispute concerning the parties' agreement to arbitrate their disputes hereunder and (4) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Dallas, Texas, U.S.A. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
To the extent permitted by applicable law, any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action ("Class Action Waiver"). Regardless of anything else in the arbitration provision set forth above, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. THE JOYLAB and you acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the THE JOYLAB's agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. THE JOYLAB AND YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
Last Revised: 07/20/2017