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Terms & Conditions

Last updated October 16, 2023

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These Terms and Conditions outline the rules and regulations for the use of Jovial's Website, located at https://www.jovial.today/ and the related professional services (collectively with the website, the "Services").

 

By accessing the Services we assume you accept these Terms and Conditions. Do not continue to use Jovial if you do not agree to take all of the Terms and Conditions stated on this page.

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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s Terms and Conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Our Terms and Conditions were created with the help of the Terms & Conditions Generator.

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Cookies

 

We employ the use of cookies. By accessing Jovial, you agreed to use cookies in agreement with the Jovial's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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License

 

Unless otherwise stated, Jovial and/or its licensors own the intellectual property rights for all material on Jovial. All intellectual property rights are reserved. You may access this from Jovial for your own personal use subjected to restrictions set in these terms and conditions.

 

You must not:

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  • Republish material from Jovial

  • Sell, rent or sub-license material from Jovial

  • Reproduce, duplicate or copy material from Jovial

  • Redistribute content from Jovial

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This Agreement shall begin on the date hereof.

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Hyperlinking to our Content

 

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

These organizations may link to our home page, to publications or to other Website information so long as the link:

  • (a) is not in any way deceptive;

  • (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and

  • (c) fits within the context of the linking party's site.

 

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that:

  • (a) the link would not make us look unfavorably to ourselves or to our accredited businesses;

  • (b) the organization does not have any negative records with us;

  • (c) the benefit to us from the visibility of the hyperlink compensates the absence of Jovial; and

  • (d) the link is in the context of general resource information.

 

These organizations may link to our home page so long as the link:

  • (a) is not in any way deceptive;

  • (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

  • (c) fits within the context of the linking party's site.

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If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to hello@jovial.today. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

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Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

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No use of Jovial's logo or other artwork will be allowed for linking absent a trademark license agreement.

 

Prohibited Uses

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  • Systematically retrieving data or content from your Site to create a collection or database without written permission from you.

  • Trick, defraud, or mislead you or other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of your Site. This includes features that prevent/restrict the use of any content limits site usage.

  • Disparage, tarnish, or otherwise harm, in our opinion, your company and/or your Site.

  • Harass, abuse, or harm another person using any information obtained from your site.

  • Use the support services improperly, or submit false reports of abuse or misconduct.

  • Use your site inconsistently with any applicable laws or regulations.

  • Framing or linking to your Site without authorization.

  • Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party's uninterrupted use of your Site and its features.

  • Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.

  • Delete the copyright or other proprietary rights notice from any content.

  • Impersonate another user or person or use the username of another user.

  • Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1x1 pixels, web bugs, cookies, spyware, pcms, etc.)

  • Interfere, disrupt, or create an undue burden on your Site, networks, or services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of your Site to you.

  • Bypass measures of your Site designed to prevent/restrict access.

  • Copy/adapt your Site's software (includes Flash, PHP, HTML, JavaScript, or other code).

  • Decipher, decompile, disassemble, or reverse engineer any of the software that makes up your Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the site, or launch any unauthorized script or software (Unless as a result of a standard search engine or internet browser usage).

  • Use your site in an unauthorized way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses).

  • Use your site in an effort to compete with you, or otherwise use your Site and/or the content Content for any revenue-generating endeavor or commercial enterprise.

 

Content Liability

 

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Reservation of Rights

 

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

 

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

 

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

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Liability

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Subject to the other limitations and disclaimers in these Terms and Conditions, to the maximum extent permitted by applicable law, in no event shall Jovial or any other parties of Jovial be liable under any legal theory for (a) any indirect, special, exemplary, consequential or punitive damages arising out of or related to these Terms and Conditions, the services, including, without limitation, damages for loss of profits, interest or interruption of business, even if such party has been advised of the possibility of such damages, or (b) any damages except to the extent of actual, direct damages incurred by you, not to exceed one hundred and 00/100 dollars ($100) or the fees paid for the service over the past 12 months, whichever is greater. The existence of multiple claims shall not increase this limit. Any of your claims arising in connection with these Terms and Conditions or the Services must be brought within one (1) year of the date that the event giving rise to such action occurred.


Force Majeure

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Jovial shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, pandemics or epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters. 

 

Disclaimer

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

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  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

  • (a) are subject to the preceding paragraph; and

  • (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

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Changes to Terms and Conditions

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Jovial may modify these Terms and Conditions from time to time by posting an updated version of these Terms & Conditions andn changing the "Date Last Modified" above. Such changes shall be effective immediately upon posting updated Terms & Conditions. If you continue to access or use the Services, you accept such modified terms. If you do not agree to such changes, do not continue to access or use the Services.

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