Terms & Conditions

OVERVIEW

This website is operated by JOYWINK LLC. Throughout the website, the terms “we,” “us” and “our” refer to JOYWINK LLC. Joywink offers this website, joywinkshop.com, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions,” “Terms”), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants and contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools added to the current store shall also be subject to these Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

You may not use our products for any illegal or unauthorized purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction, including, but not limited to, copyright laws.

You must not transmit any worms, viruses or code of a destructive nature.

A breach or violation of any of these Terms will result in the immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site except as required by law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, refund or replacement only in accordance with our Return & Refund Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, using the same credit card, or using the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

If we need to change or cancel your order, we will notify you using the contact information provided at checkout. If we cancel all or part of your order before shipment, we will promptly issue a full refund for the canceled items to your original payment method.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Please promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

For more details, please review our Return & Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations or conditions of any kind and without any endorsement. To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the relevant third-party providers supply these tools.

We may also offer new services and/or features through the website in the future, including new tools and resources. Such features and/or services shall also be subject to these Terms & Conditions.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant or assume liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

To the extent permitted by applicable law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as contest entries, or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms & Conditions.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for your comments and their accuracy. To the extent permitted by applicable law, we take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct these errors and update information. If an error affects an order you have already placed, we will contact you before making any changes that affect the price or the products you receive. If we cannot fulfill your order and need to cancel it, we will notify you and refund the full amount paid for the canceled items to your original payment method.

If we cannot ship your order within the promised timeframe, we will notify you of the delay and provide the option to accept a revised shipping date or cancel the unshipped items for a full refund. We will obtain your consent to a delay or cancel and refund the affected items as required by applicable law.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. An update or refresh date does not necessarily mean that all information on the website has been revised.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms & Conditions, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(d) to infringe upon or violate our intellectual property rights or those of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, any related website, other websites or the Internet;

(h) to collect or track the personal information of others without authorization;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free. We may temporarily suspend or discontinue website features or services. Doing so does not affect our obligations for orders already placed or your rights under applicable law.

To the extent permitted by applicable law, the website and its online tools are provided “as is” and “as available.” This disclaimer applies to the website and its online tools, not to the products we sell.

Products are subject to any express warranties we provide and any warranties required by applicable law. Nothing in these Terms excludes or limits our obligations under a written product warranty or any statutory or implied warranty that cannot lawfully be excluded or limited.

To the extent permitted by applicable law,JOYWINK LLC and its directors, officers, employees, affiliates, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the website or our products, including lost profits, lost revenue or lost data.

These limitations do not apply to liability that cannot legally be excluded or limited. Some states do not allow certain exclusions or limitations of damages, so some of the above limitations may not apply to you. Nothing in these Terms limits your mandatory consumer rights.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless JOYWINK LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms & Conditions, and that determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions remain effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any provision of these Terms & Conditions, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date, and we may deny you access to our Services or any part thereof.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of that right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including previous versions of these Terms & Conditions.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party, except where applicable law requires otherwise.

SECTION 18 – GOVERNING LAW

These Terms & Conditions and any separate agreements under which we provide Services to you are governed by the laws of the State of Wyoming and applicable United States federal law.

Nothing in these Terms limits any mandatory consumer rights or protections that apply under the laws of your state of residence.

SECTION 19 – CHANGES TO TERMS & CONDITIONS

You can review the most current version of these Terms & Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

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