Terms of Service

Effective Date: October 26, 2023

Welcome to jovialx.com. These Terms of Service ("Terms") govern your access to and use of the jovialx.com website and any related services, content, and applications (collectively, the "Service") provided by jovialx.com ("we," "us," "our," or "the Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and jovialx.com. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents.

2.4 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to promote illegal activities.
• To harass, abuse, threaten, or impersonate any person or entity.
• To infringe upon or violate our or any third party's intellectual property rights.
• To upload or transmit viruses, malware, or any other malicious code.
• To attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems/networks.
• To interfere with or disrupt the integrity or performance of the Service.
• To use any data mining, robots, or similar data gathering/extraction tools.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

3. User Responsibilities

3.1 User Content

You are solely responsible for any content, data, text, images, or other materials you submit, post, or display on or through the Service ("User Content"). You retain ownership of your User Content, but you grant jovialx.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display your User Content in connection with operating and providing the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any laws or the rights of any third party.

3.2 Conduct

You agree to use the Service in a respectful and lawful manner. You are responsible for your own conduct and content while using the Service and for any consequences thereof.

3.3 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, rules, and regulations while using the Service.

4. Intellectual Property

The Service and its original content, features, functionality, design, logos, trademarks, and service marks are and will remain the exclusive property of jovialx.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of jovialx.com.

You acknowledge that the Service may contain content provided by third parties and that such content is protected by copyright, patent, trademark, or other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, publicly display, or publicly perform any such content without permission from the respective rights holder.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOVIALX.COM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED US DOLLARS (USD $100) OR THE AMOUNT YOU HAVE PAID TO JOVIALX