Terms of Use

Terms of Use

Effective November 17, 2008

IMPORTANT: IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION, YOU AGREE WITH THE TERMS AND CONDITIONS AS STATED BELOW AND ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. PLEASE CONTACT CUSTOMER SERVICE WITH ANY QUESTIONS. THANK YOU.

The Services (as defined below) will be provided by Joydesk, LLC., a Washington limited liability company ("Joydesk") to you ("you" or "User") subject to the terms of these Joydesk Terms of Use (this "Agreement").

NOTICE

Joydesk may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.Joydesk.com. You must be at least thirteen (13) years of age to use the Joydesk Services (as defined below). By providing information to Joydesk through the account registration page for new customers or any other part of the Joydesk websites, you represent to Joydesk that you are 13 years of age or older. If you are between 13 and 18, you represent that you received parental permission both to complete the registration process and to download content to your cell phone.

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. Joydesk reserves the right to deny registration of any individual to the Joydesk Services and to deny access to any or all of the Joydesk websites.

DESCRIPTION OF SERVICE

Joydesk provides internet content delivery services that allow you to download a variety of internet entertainment content (the "Downloads") to your compatible internet computer or other device (a "Device") which you own or have control over, or for which you have permission to use and to incur charges for (the "Services"). Once properly registered and after confirmation, you will be permitted to download to compatible Devices certain Downloads through the Service. We make no representation as to compatibility of your Device with the Services or any Downloads. From time to time, Joydesk may send additional messaging via e-mail to your Device related to third party offers that either originated from Joydesk or a third party partner to Joydesk. As the subscriber, you maintain an option to either respond to the offer or not. In cases of third party offers, these will be labeled as such. With any text messaging that Joydesk sends, there will always be an opportunity to the end users to opt-out.

YOUR REGISTRATION OBLIGATIONS

In order to use the Service, you must register and provide certain information (e.g., your password, name birthdate, Ect..) to Joydesk ("Registration Data"). You agree that you will use the Service only in the country where you currently reside. You agree to provide current, complete, and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete, and accurate in the "My Account" area of the Joydesk website. Joydesk will use your Registration Data in accordance with its Privacy Policy, which you should review at www.Joydesk.com. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service. All terms and conditions provided in the Privacy Policy are hereby recited and incorporated into this Agreement.

You agree that you will not allow others to use your member name, password, and/or account. You agree to indemnify and hold harmless Joydesk, its partners, parents, subsidiaries, agents, affiliates, and/or licensors, etc., as applicable, for any improper, unauthorized, or illegal uses of your member name, password, and/or your account. This includes illegal, unauthorized, or improper use by anyone to whom you have given permission to use your member name, password, and/or account.

You agree that Joydesk may rely on your Registration Data to provide the Services, including, without limitation, billing for the Services through your Carrier. Joydesk shall have no liability associated with or arising from your failure to maintain current Registration Data, including, but not limited to your failure to receive critical information.

PROBLEMS RECEIVING DOWNLOADS

If you order a Download or other product and have problems, so that you are unable to download the product, let us know immediately by referencing our Frequently Asked Questions located at www.Joydesk.com. If we don't hear from you within seven days from the first date that the Download was attempted, you will have been deemed to have successfully received the Download.

MARKETING INFORMATION

We will not share or use any details from your registration except as detailed in Joydesk's Privacy Policy, which can be found at www.Joydesk.com.

USE OF SERVICE

You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time-to-time. The Service is for your personal and non-commercial use only and for use only on the Device you designate when you register for the Services (which may be updated by you from time-to-time).

To use the Service you must have a compatible Device and an internet communications subscription with a participating Carrier. Joydesk makes no representation as to the compatibility of your Device with the Services or the Downloads. You are responsible for enabling certain functionalities of your Device, such as a data plan and internet connection. Carriers may impose limitations on the delivery of certain types of content, so you should check with your Carrier to determine whether any transmission limitations will apply to any Service you have or may decide to register for.

You may not copy, distribute, transmit, broadcast, sell, resell, or upload to any computer or Device, or create derivative works from any portion of the Services, including, without limitation the Downloads. You may not, or otherwise attempt to (or authorize, encourage, or support others' attempts to) circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Services, including, but not limited to any Downloads.

You understand and acknowledge that the Downloads made available as part of the Service are owned by Joydesk, its business partners, affiliates, and/or licensors, etc. as applicable, and are protected by intellectual property laws. Joydesk grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible Device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute, or otherwise use the Downloads except as expressly provided in this Agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of any Downloads.

When you buy a product or Service from Joydesk, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.

If you are not the owner of the Device you intend to use for your participation in our Services, you should always obtain the permission from the owner before participating. If you are between the ages of 13 and 18 you must have parental permission and consent before using the Services. If you are younger than 13, you may not use the Services.

Joydesk's rights to make certain Downloads available to you may expire. In such event, Joydesk will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire..

OBJECTIONABLE OR EXPLICIT CONTENT

Joydesk is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content. You understand that by using this Service you may be exposed to content that is offensive, indecent, or objectionable. If you are offended by any content or the Service, then please stop accessing that particular content or stop accessing the Services.

PRIVACY

For additional information regarding Joydesk's use of information collected in connection with the Service, please refer to Joydesk's Privacy Policy found at www.Joydesk.com.

EMAILS AND SMS MESSAGES

By registering for a Joydesk account, you agree that we may send you the following types of email or SMS text communications: welcome emails, newsletters, account status updates, and Joydesk and third party promotional offerings and solicitations. You may opt-out of receiving our emails via email.

COPYRIGHT INFORMATION

Joydesk respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please immediately send a notice to Joydesk's designated agent to receive notice of possible copyright infringement at support@Joydesk.com

TRADEMARK

All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Joydesk and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display, or use any of these marks without prior written permission of Joydesk.

SAFE HARBOR PROVISIONS / DIGITAL MILLENIUM COPYRIGHT ACT

If Joydesk (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates Joydesk's or others' intellectual property rights, Joydesk may, in its sole discretion, suspend or terminate your account with or without notice to you. If Joydesk suspends or terminates your Joydesk account under this paragraph, it shall have no liability or responsibility to you, and Joydesk will not refund any portion of your fees charged to date.

NO RESALE

In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.

PROMOTIONS AND ADVERTISING

Joydesk, LLC and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Joydesk promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. You agree that neither Joydesk, nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

LINKS TO THIRD-PARTY SITES

The Service may present links to retailers and/or other third-party websites not owned or operated by Joydesk. These links are provided only as a convenience to you. Neither Joydesk nor its partners, agents, affiliates, etc. are responsible for the availability of these outside sites or their contents. You understand and agree that neither Joydesk nor its partners, agents, affiliates, etc. are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

MODIFICATIONS TO SERVICE

Joydesk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Joydesk nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

REMEDIES

You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to Joydesk or its partners, parents, subsidiaries, agents, affiliates, and/or licensors etc. for which money damages would be inadequate, and in such event Joydesk its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Joydesk or its partners, parents, subsidiaries, agents, affiliates, and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

INDEMNITY

You agree to indemnify and hold harmless Joydesk and its agents, employees, representatives, licensors, licensees, affiliates, parents, and subsidiaries from and against any and all claims, actions, demands, causes of action, and other proceedings arising from or concerning your use of the Service, including the Downloads (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines, and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.

TERMINATION, CANCELLATION AND PLAN CHANGES

Joydesk may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If Joydesk terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and Joydesk will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Joydesk. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Joydesk's enforcement or application of the same; (2) any policy or practice of Joydesk, including its Privacy Policy, or Joydesk's enforcement or application of these policies; (3) the Downloads or the Services; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to Joydesk at support@Joydesk.com . Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to Joydesk. If you are a subscriber who cancels his or her account near the end of the Subscription Month and cell phone bill is charged for the next month's fee, please contact support@Joydesk.com to have that charge refunded.

DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY

THE JOYDESK SERVICES, DOWNLOADS, AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH JOYDESK, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, JOYDESK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO ANY CONTENT, INFORMATION, PRODUCTS, DOWNLOADS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOYDESK FURTHER DISCLAIMS THAT THE SERVICES OR DOWNLOADS WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION.

Joydesk warrants that once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the Device to which the Downloads were delivered; and that Joydesk is entitled to license you to use the Downloads for your personal use on your Device. Because you have chosen the Downloads or other products and have had the opportunity to review them prior to viewing, Joydesk accepts no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose.

IN NO EVENT SHALL JOYDESK BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE DOWNLOADS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

JOYDESK'S ENTIRE LIABILITY FOR ANY CLAIM CONCERNING ITS PERFORMANCE OR NONPERFORMANCE IN CONNECTION WITH THIS AGREEMENT OR THE CONDUCT OF THE PARTIES IN FURTHERANCE HEREOF UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, PRODUCT LIABILITY, BREACH OF IMPLIED DUTY OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT CHARGED FOR THE DOWNLOADS.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Joydesk with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Joydesk's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service or the Downloads. You expressly agree that the courts in the State of Washington have exclusive jurisdiction over any claim or dispute with Joydesk or relating in any way to your account or your use of the Service or the Downloads. You further agree and expressly consent to personal jurisdiction over you in the Washington federal and state courts in connection with any such dispute including any claim involving Joydesk or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors, or suppliers.

Please direct any questions concerning the Service or any other Joydesk related issue, to a Joydesk customer service representative by e-mail at: support@Joydesk.com.

MODIFICATIONS TO TERMS OF USE

Joydesk may change this Agreement from time-to-time. Your failure to abide by the then current terms of this Agreement may result in termination of Services to you. Your continued use of the Services constitutes (i) an acknowledgement by you of this Agreement and its modifications, and (ii) an agreement by you to abide and be bound by the terms of this Agreement, its modifications, and the Joydesk Privacy Policy.