JoyPixels Inc., a Nevada corporation ("JoyPixels" "us" or "we") provides the joypixels.com site and related goods and services, including emojicopy.com, the Emoji Keyboard by JoyPixels extension, any and all mobile applications, online software, and other services (collectively, the "JoyPixels Service") subject to your compliance with the terms and conditions set forth below. Your use of the JoyPixels Service signifies your acknowledgement of and agreement to these Terms of Service.
These Terms of Service apply to all users of the JoyPixels Service ("users" or "you"). The term "users" includes both registered members of the JoyPixels Service and any other person that accesses or uses the JoyPixels Service at any point for any amount of time.
SUBSCRIPTIONS
If you subscribe to one of our subscription products, the following provisions will apply in addition to the other Terms of Service.
1.1. Payments / Fees. The JoyPixels Service may have recurring subscription fees disclosed at the time of the initial enrolment. You are responsible for such recurring fees according to the terms and conditions of the JoyPixels Service. Subscription and membership fees are subject to change at any time at the sole and absolute discretion of JoyPixels.
1.2. Automatic Recurring Billing. In accordance with the terms and conditions of the JoyPixels Service, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is cancelled in accordance with the Terms of Service, you hereby authorize JoyPixels to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize JoyPixels to charge your chosen payment method for any and all additional purchases of materials you purchase on the JoyPixels Service.
1.3. Rejection of Orders. JoyPixels may reject your order for any reason. Reasons for rejecting an order include:
(a) pricing error;
(b) unavailability;
(c) rejection of payment;
(d) suspected fraudulent activity; or
(e) orders connected with a previous credit card dispute.
1.4. Sales Tax. JoyPixels charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your purchase and displayed in your shopping cart and on your invoice.
1.5. Price Changes. JoyPixels may change the price of any membership tier, item, or service at any time.
1.6. Cancellation. At any time, and without cause, subscription to the service may be terminated by you, JoyPixels, or the JoyPixels Service. When you cancel, you are liable all for charges incurred up to and including through your current subscription period. Once you cancel a subscription, it will result loss of access to at the end of your current subscription period. Cancelation requests may take up to 3 business days.
1.7. Cardholder Disputes/Chargebacks. All chargebacks are thoroughly investigated and may prevent you from making future purchases for other JoyPixels Service products and/or services.
1.8. Fraudulent Activities. JoyPixels will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order.
1.9. Returns / No Warranties. There are no product or service warranties of any kind. Subscriptions and digital content are not eligible to be returned or exchanged.
1.10. License Terms. Use of the JoyPixels Properties are subject to additional license terms (“License Terms”) depending on the license you obtain for us. For most subscriptions the license agreements can be found here:
http://app.joypixels.com/terms/free
2.1. Access. JoyPixels grants you a limited, revocable, nonexclusive license to access the JoyPixels Service for your own personal use, subject to these Terms of Service, any applicable License Terms, and any other rules and procedures posted by JoyPixels.
2.2. Account Creation. In order to access some features of the JoyPixels Service, you will have to create an account. You may never use another's account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the JoyPixels Service, you are required to update that information immediately.
2.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JoyPixels immediately of any breach of security or unauthorized use of your account. Although JoyPixels will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JoyPixels or others due to such unauthorized use.
2.4. Prohibited Activity. You may use the JoyPixels Service only for lawful purposes and in accordance with these Terms of Service. You agree not to:
(a) Use the JoyPixels Service in any way that violates any applicable federal, state, local, and international law, or regulation.
(b) Submit, publish, or transmit through the JoyPixels Service any content that violates the rights of any third-party or that is libelous, obscene, invasive of privacy, illegal, racially, or ethnically discriminatory.
(c) Use the JoyPixels Service in any manner that could disable, overburden, damage, or impair the JoyPixels Service or interfere with any other party's use of the JoyPixels Service or otherwise use any device, software, or routine that interferes with the proper working of the JoyPixels Service.
(d) Use or launch any automated system, including without limitation, "scrapers," "robots," "spiders," and "offline readers" that access the JoyPixels Service.
(e) Collect or harvest any personally identifiable information, including account names, from the JoyPixels Service, nor to use the communication systems provided by the JoyPixels Service for any commercial solicitation or illegal or improper purposes.
(f) Use any manual process to monitor or copy any of the content on the JoyPixels Service or for any other unauthorized purpose without our prior written consent.
(g) Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
(h) Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the JoyPixels Service, the server on which the JoyPixels Service is stored, or any server, computer or database connected to the JoyPixels Service.
(i) Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the JoyPixels Service.
We reserve the right to pursue any action with respect to any violation or attempted violation of these Terms of Service which we believe is appropriate in our sole discretion.
2.5. Search Engines. Notwithstanding the foregoing, JoyPixels grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. JoyPixels reserves the right to revoke these exceptions either generally or in specific cases.
2.6. Artificial Intelligence Bots and Tools. JoyPixels prohibits the use of any material on joypixels.com or the JoyPixels Service from being used for training or any other purpose by artificial intelligence systems ("AI") including large language models ("LLMs"). Any use of any material on joypixels.com or the JoyPixels Service by AI or LLMs is a violation of these Terms of Service and JoyPixels' intellectual property rights.
2.7. Termination of Account. You agree that JoyPixels, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the JoyPixels Service (or any part thereof), immediately and without notice, and remove and discard any content within the JoyPixels Service, for any reason, including, without limitation, if JoyPixels believes that you have acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that JoyPixels shall not be liable to you or any third-party for any termination of your access to the JoyPixels Service. Further, you agree not to attempt to use the JoyPixels Service after said termination.
2.8. Termination of Service. JoyPixels may modify, suspend, discontinue, or restrict the use of any portion of the JoyPixels Service, including the availability of any portion of the content at any time, without notice or liability. The JoyPixels Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the JoyPixels Service or JoyPixels may at any time transfer rights and obligations under these Terms of Service to any JoyPixels affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires JoyPixels, the JoyPixels Service or any of their respective assets. You agree that JoyPixels shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.9. Third Party Links. The JoyPixels Service may contain links to third party websites that JoyPixels does not own or control. JoyPixels assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, JoyPixels will not and cannot censor or edit the content of any third-party site. You expressly relieve JoyPixels from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the JoyPixels Service and to read the terms and conditions and privacy policy of other websites that you visit.
2.10. Consent to Electronic Service. When you use the JoyPixels Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the JoyPixels Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1. Ownership. All content on the JoyPixels Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JoyPixels. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The JoyPixels Service is protected by copyright law, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
3.2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of JoyPixels.
3.3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the JoyPixels Service, or incorporate the Content into an AI system or LLM, without the express written consent of JoyPixels, and agree to abide by any and all copyright and other legal notices displayed on the JoyPixels Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the JoyPixels Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the JoyPixels Service.
3.4. Embedded Content / Frames. You may not embed the JoyPixels Service or place the JoyPixels Service within inline links, frames, or iframes.
4.1. THE JOYPIXELS SERVICE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOYPIXELS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
4.2. JOYPIXELS MAKES NO WARRANTY THAT: (I) THE JOYPIXELS SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE JOYPIXELS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JOYPIXELS SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE JOYPIXELS SERVICE WILL BE CORRECTED.
4.3. JOYPIXELS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND JOYPIXELS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
4.4. YOU ACKNOWLEDGE THAT JOYPIXELS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE JOYPIXELS SERVICE, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
4.5. JOYPIXELS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE JOYPIXELS SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE JOYPIXELS SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE JOYPIXELS SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE JOYPIXELS SERVICE AND/OR THOSE SERVICES.
4.6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT JOYPIXELS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, JOYPIXELS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOYPIXELS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOYPIXELS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
6.1. We are happy to hear from users and welcome feedback regarding the JoyPixels Service. However, if you transmit unsolicited submissions to us through the JoyPixels Service or otherwise, you grant JoyPixels a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as JoyPixels sees fit.
6.2. By using the JoyPixels Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the JoyPixels Service, JoyPixels and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
7.1. You agree to defend, indemnify and hold harmless JoyPixels, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the JoyPixels Service;
(b) your use of any JoyPixels Properties;
(c) your violation of any term of these Terms of Service;
(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) your violation of any law, rule or regulation of the United States, any state, or any other country;
(f) any claim that any content posted by you or using your account caused damage to another party.
(g) any other party's access and use of the JoyPixels Service with your account.
7.2. This defense and indemnification obligation will survive these Terms of Service and any termination of your use of the JoyPixels Service.
8.1. Infringement Not Permitted. JoyPixels does not permit copyright infringing activities and infringement of intellectual property rights on the JoyPixels Service and will remove any content if properly notified that such content infringes on another's intellectual property rights. JoyPixels reserves the right to remove any content without prior notice.
8.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JoyPixels' designated Copyright Agent to receive notifications of claimed infringement is:
JoyPixels Inc.
Attn: Copyright Agent
2505 Anthem Village Dr., Suite E-525
Henderson, NV 89052
privacy@joypixels.com
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8.3. Counter-Notice. If you believe that your Third-Party 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 post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
8.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the JoyPixels Service may 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 the JoyPixels Service's sole discretion.
9.1. JoyPixels has established a privacy policy to explain to users how personal information is collected and used, which may be reviewed and accessed from the website: https://joypixels.com/privacy ("Privacy Policy").
9.2. Your use of the JoyPixels Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that JoyPixels may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Service, or respond to claims from third-parties.
The JoyPixels Service is hosted and operated by the JoyPixels in the United States, pursuant to the applicable laws of the United States and the State of Nevada. We make no representation whatsoever that the Site (or the Content available thereon) is appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the JoyPixels Service from outside of the United States (each, a "Non-U.S. User") do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Nevada with respect to these Terms of Service; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Service; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the JoyPixels Service.
11. GOVERNING LAW / DISPUTES
11.1. Nevada Situs. The JoyPixels Service is hosted and operated by JoyPixels in the United States, pursuant to the applicable laws of the United States and the State of Nevada. You agree that the JoyPixels Service shall be deemed solely based in the State of Nevada and that the JoyPixels Service shall be deemed a passive website that does not give rise to personal jurisdiction over JoyPixels, either specific or general, in jurisdictions other than Nevada.
11.2. International Users. We make no representation whatsoever that the JoyPixels Service is appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the JoyPixels Service from outside of the United States (each, a "Non-U.S. User") do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of Nevada with respect to the JoyPixels Service, these Terms of Service, and the Privacy Policy; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to the JoyPixels Service, these Terms of Service, or the Privacy Policy; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the JoyPixels Service.
11.3. Governing Law / Jurisdiction. These Terms of Service and the Privacy Policy will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of these Terms of Service or the Privacy Policy is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Service and Privacy Policy, which shall remain in full force and effect. These Terms of Service and the Privacy Policy are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Service or the Privacy Policy, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
11.4. Disputes. Any dispute, claim or controversy arising out of or relating to the JoyPixels Service, the Privacy Policy, or these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the JoyPixels Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and JoyPixels consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States.
11.5. Statute of Limitations. You agree to file any claim regarding any aspect of the JoyPixels Service or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
11.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND JOYPIXELS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.1. Entire Agreement. These Terms of Service and the Privacy Policy constitutes a single integrated contract expressing the entire agreement between you and JoyPixels with respect to the subject matter hereof and supersedes all prior understandings, negotiations, or agreements, written or oral, express or implied.
12.2. Severability. If any provision of these Terms of Service or the Privacy Policy is declared by a court of competent jurisdiction or in an arbitration between you and JoyPixels to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid or unenforceable provision shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
12.3. Waiver. No waiver or failure to exercise or enforce any right or provision of these Terms of Service or Privacy Policy shall be deemed a further or continuing waiver of such right or provision or a waiver of any other right or provision.
12.4. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you. JoyPixels may assign these Terms of Service, and any rights and license granted hereunder without restriction.
12.5. Modification. We reserve the right to amend these Terms of Service at any time. If we do this, we will post the amended Terms of Service on this page and indicate at the top of the page the date the Terms of Service were last revised. The most current version of these Terms of Service will supersede all previous versions. Your continued use of the JoyPixels Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the JoyPixels Service.
You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Service. The JoyPixels Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
By using the JoyPixels Service in any way, you agree to comply with these Terms of Service. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the JoyPixels Service in any way, your only recourse is to immediately discontinue your use of the JoyPixels Service.
