We (the folks at Joy) run a web site and app service called Joy Health Tracker and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
Please read this Agreement carefully before accessing or using the Website or Application. By accessing or using any part of the site or app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, App, or use any services. If these terms and conditions are considered an offer by Joy, acceptance is expressly limited to these terms. The Website and App are available only to individuals who are at least 13 years old.
You may review the latest terms of service at https://www.joyapp.com/terms-of-service/
If you post material to the Website or Application, post links on the Website or App, or otherwise make (or allow any third party to make) material available by means of the Website or App (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Joy for inclusion on the Website or Application, you grant Joy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Joy will use reasonable efforts to remove it from the Website or App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Joy has the right (though not the obligation) to, in Joy’s sole discretion (i) refuse or remove any content that, in Joy’s reasonable opinion, violates any Joy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or Application to any individual or entity for any reason, in Joy’s sole discretion. Joy will have no obligation to provide a refund of any amounts previously paid.
Joy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and App, Joy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Joy disclaims any responsibility for any harm resulting from the use by visitors of the Website and App, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and applications to which joyapp.com links, and that link to joyapp.com. Joy does not have any control over those non-Joy websites and applications, and is not responsible for their contents or their use. By linking to a non-Joy website or application, Joy does not represent or imply that it endorses such website or application. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Joy disclaims any responsibility for any harm resulting from your use of non-Joy websites and applications.
As Joy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by joyapp.com violates your copyright, you are encouraged to notify Joy in accordance with Joy’s Digital Millennium Copyright Act (“DMCA”) Policy. Joy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Joy will terminate a visitor’s access to and use of the Website and Applicationlication if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Joy or others. In the case of such termination, Joy will have no obligation to provide a refund of any amounts previously paid to Joy.
This Agreement does not transfer from Joy to you any Joy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Joy. Joy, joyapp.com, the joyapp.com logo, and all other trademarks, service marks, graphics and logos used in connection with joyapp.com, or the Website and Joy are trademarks or registered trademarks of Joy or Joy’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Application may be the trademarks of other third parties. Your use of the Website or App grants you no right or license to reproduce or otherwise use any Joy or third-party trademarks.
Joy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Joy may also, in the future, offer new services and/or features through the Website or App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Joy may terminate your access to all or any part of the Website or Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your joyapp.com account (if you have one), you may simply discontinue using the Website and App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website and Application are provided “as is”. Joy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Joy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website or App at your own discretion and risk.
In no event will Joy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Joy under this agreement during the twelve (12) month period prior to the cause of action. Joy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Joy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or Application, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Joy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Joy, or by the posting by Joy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website or Application will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Joy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.