Terms of Use

Last updated: February 24, 2012

These Terms of Use govern your use of our website (the “JoyTales Website”). By visiting the JoyTales Website you agree to the following:

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

By using or visiting the JoyTales Website you acknowledge that you understand, agree, accept, and are able to accept, these Terms of Use. If you do not accept or understand these Terms of Use, you should not use or visit the JoyTales Website. Certain portions of the JoyTales Website, as well as promotions, contests or sweepstakes may have separate registration procedures, terms and conditions, services agreements and/or similar legal agreements which are also subject to subsequent change, modification or revocation under their respective terms. Unless explicitly stated otherwise, all new or modified versions of the JoyTales Website will also be subject to these Terms of Use.

2. THIRD-PARTY PRODUCTS AND SERVICES

We may offer third-party products and/or services through the JoyTales Website. You assume all risks and liabilities associated with the use of any such third-party products or services. Additionally, your rights regarding such products or services may be governed by separate terms of use provided by applicable third-party providers.

3. PRIVACY

Please review our Privacy Policy http://www.joytales.com/support/privacy/, which is incorporated into these Terms of Use by this reference.

4. ELECTRONIC COMMUNICATIONS

By visiting the JoyTales Website and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review our Privacy Policy http://www.joytales.com/support/privacy/ and opt-out procedures.

5. JOYTALES WEBSITE

We grant you a limited license to access and use the JoyTales Website. This license does not include a right for you to: (a) download (other than page caching) or modify any part of the JoyTales Website without our express written consent; (b) use the JoyTales Website for any resale or commercial use; (c) make any derivative use of the JoyTales Website or any use of data mining, robots, or similar data gathering and extraction tools. The JoyTales Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, in whole or in part, for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner. You may not use any meta-tags or any other “hidden text” utilizing “JoyTales” our parent company, affiliates, partners or artists without express written permission. We also grant you a limited, revocable and nonexclusive right to create a hyperlink to the JoyTales Website so long as the link does not portray us in a false, misleading, derogatory, or otherwise offensive matter.

6. THIRD-PARTY LINKS

We may provide hyperlinks to other websites over which we have no control. We are not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

7. RESTRICTIONS

In visiting the JoyTales Website, you agree to not engage in conduct that may be considered illegal or tortious including, without limitation, “hacking” the JoyTales Website, infringing the intellectual property or other proprietary rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the JoyTales Website or related documentation and creating derivative works based upon the same.

8. TRADEMARKS

JoyTales and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts and service names) displayed on or within the JoyTales Website are trademarks of JoyTales or our respective licensors and any use thereof must be approved by JoyTales (“Marks”). The Marks may not be used in connection with any product or service without express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.

9. COPYRIGHTS

All content residing on the JoyTales Website is the property of Desdoo SA. No underlying right, title or interest in or to any content will pass to you by virtue of accessing the JoyTales Website.

10. FEEDBACK

We do not accept unsolicited feedback, suggestions or other information about the JoyTales Website or other aspects of our business. If you provide us with feedback or other ideas, we will be free to use any feedback provided by you for any purpose (without compensation to you) including, without limitation, improving its products and services and creating derivative products.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(A) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE JOYTALES WEBSITE FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

(B) THE JOYTALES WEBSITE IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE JOYTALES WEBSITE IS AT YOUR SOLE RISK.

(C) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE JOYTALES WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. GENERAL

These Terms of Use and the Privacy Policy http://www.joytales.com/support/privacy/ constitute the complete and final agreement between us with respect to your use of the JoyTales Website. These Terms of Use will be governed by the laws of Switzerland without regard to conflicts of law provisions, and the parties consent to the exclusive jurisdiction and venue of courts sitting in Lugano. You agree that your breach of these Terms of Use will cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond. We are independent parties and nothing in these Terms of Use will create an employment or agent relationship. If any provision of these Terms of Use is held unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The failure of either party to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.

13. SITE POLICIES, MODIFICATION, AND SEVERABILITY

We may make changes to the JoyTales Website and our policies including, without limitation, these Terms of Use from time to time. All such changes will become effective immediately upon posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the JoyTales Website or our policies including, without limitation, these Terms of Use. We may transfer or assign these Terms of Use (its terms, conditions and obligations) and the JoyTales Website, in whole or in part, to any third-party of our choosing. These Terms of Use will inure to the benefit of and be binding upon your respective successors and permitted assigns.

14. CONTACT US

If you have questions regarding these Terms of Use, please contact us at:
JoyTales
Attn: Terms of Use
E-mail: info@desdoo.com