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Terms and Conditions:

Welcome to the JoyLot Inc. user agreement. If you do not agree to the terms and conditions of this Agreement, do not use or access our services.

Why read this agreement
This agreement contains the terms and conditions for use of JoyLot.com Site The terms of our Site Privacy and Security Policy, and the rules and principles included in our other Specific Policies are incorporated into this agreement. Please read them as well as this agreement carefully. If you do not agree to the terms and conditions in this agreement, including the provisions incorporated into this agreement, you may not use the Site. To accept these terms and conditions, please click the "I Accept" button below. If the provisions of this agreement conflict with those in the Privacy Policy, the Specific Policies, or any other terms incorporated into this agreement, the terms of this agreement will control. Please check this agreement frequently, as we may amend it at any time. Whenever we amend this agreement (or the related rules), the amendment will become effective for all transactions after the date we post the change to the Site, unless the amendment states otherwise. References in this agreement to "JoyLot.com," "we," "us," or similar phrases mean JoyLot Inc.,

  • Membership Eligibility.
    You cannot use the Site to list or buy items unless you are an individual who is at least 18 years old and who can enter into legally binding contracts under applicable law, or you are a business entity that can enter into legally binding contracts under applicable law. You must register with us by providing us with your real name, address, phone number, credit card information, birthdate and email address, as well as any other identification information required by our policies or that we may request from time to time. As part of the registration process, you will choose your own password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name and password. We may terminate or suspend any listing, and we may terminate or suspend any registration, at any time, for any reason or for no reason at all, and without any notice to you or any other person. Some of the reasons that we might terminate or suspend a listing or a registration are described in this agreement and in our policies, but those reasons are not exclusive. You may not list any of the items described in our Prohibited Items Policy. You may be considered for reinstatement, at JoyLot's sole discretion.
  • Fees and Services.
    Joining JoyLot is free. Our Fees and Credits Policy is available (at http://joylot.com/support/faqquestdetail.cfm?quest_id=58). Approved JoyLot merchants must have at least one level of JoyLot store subscription and pay the monthly subscription fee in order to sell on the site. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the user agreement. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the site. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
  • JoyLot.com is a Venue.

    3.1 Overview.
    Parties other than JoyLot under the user name JoyLot. Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to buy on items. We make every effort and prescreens each and every seller prior to posting items on JoyLot to assure you a safe transaction. However we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

    3.2 JoyLot
    itself may post products for sale offered by JoyLot or it's affiliates or drop shippers and JoyLot undertakes responsibility for the transaction and the item listing, including product listing, item description, quantity offered, including establishment of buy now, offer (if any) and freight.

    o Payments are made directly to merchants offering the item for sale on the site. Item purchased from JoyLot user id will be paid to JoyLot and all returns or exchanges will be carried out through JoyLot. Otherwise contact the seller whom you purchased the item from to work out any issues. Items not sold by JoyLot and sent to us in error will require the shipper to pay the shipping fees in order for us to return your package.

    o Prices and availability of items offered by JoyLot are are subject to change without notice. We reserve the right to remove, change or correct any errors or listings upon discovery. (including after an order has been submitted)

    3.3 Registered User Identity We attempt to verify the accuracy of a portion of the information provided to us by users when they register with us. Because user authentication on the Internet is difficult, JoyLot cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.

    3.4 Release.
    Because we are not involved in the actual transaction between buyers and sellers, besides JoyLot user id in the event that you have a dispute with one or more users, you release JoyLot (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    3.5
    Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
  • Buying
    By buying on an item, you represent and warrant that you have the ability to pay the amount you buy in a manner permitted by the seller's terms of sale. You are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By buying on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful.
  • JoyLot attempt to be as accurate as possible, However, we do not warrant that the product description or other content is accurate or error-free. If an item offered by JoyLot user id and is miss presented you may return it in an unused same as received condition.
  • Listing and Selling.

    6.1 Selling on JoyLot. JoyLot reserves the right to prescreens your account and contact you for any other reason prior to selling on the site. We may for any reason or no reason disqualify you your products or suspend any listing . And we may terminate or suspend your selling privileges for any reason or for no reason at all, and without any notice to you or any other person.

    6.2 Listing Description.
    You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site and Store Policy page. You must provide accurate contact information in about me page or store contact page such as address and phone number. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.

    6.3 Listing of duplicate item is prohibited and violates JoyLot policy. One listing is permitted per item, if measurements or colors are an option the following must be listed in one listing.

    6.4 JoyLot is an authorized dealer for many brands which are sold and shipped by JoyLot. Due to our agreements with some manufacturer, we may decline or remove listings for any reason or no reason.

    6.5 Fraud. Without limiting any other remedies, JoyLot may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.

    6.6 Return Policy.
    Every JoyLot.com seller must provide and list a hassle free return policy with a minimum of seven full days from the day of receipt to return or exchange a product in it's selling condition. Or provide a return and or resolve a warranty claim for damaged condition items by accepting a return or manufacturer warranty help to a JoyLot.com customer.

    Sellers return policy may not be other then own website and may not exceed a restocking fee greater than 15%. Sellers return policy must be described in sellers store policy and return policy tab.

    Items exempt from allowing a return are:

    • Opened unwrapped CD, DVD, VHS, Tape, Software, Video Game, Cassette Tape and Records.
    • Any items not in it's original condition damaged, or missing parts not due to your error.
    • Items not in it's original packaging or missing booklets or instruction books.


    6.7 Manipulation.
    Neither buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings.

  • Your Information.

    7.1
    "Your Information" is defined as any information you provide to us or other users in the registration listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:

    7.2 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's patent, copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, ant discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item's price; (cc) are concurrently listed for auction on a web site other than JoyLot; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

    7.3 Solely to enable JoyLot to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. JoyLot will only use Your Information in accordance with our Privacy Policy.
  • Access and Interference.
    Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the JoyLot site or any listings being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to JoyLot by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of JoyLot or the appropriate third party.
  • Feedback
    Our system ratings include a numerical score percentage score and textual comments, all of which are generated by other users. By using the Site, you acknowledge that other users may post comments and ratings about you. You agree not to take any manipulative or other action that could adversely affect the validity or reliability of the Ratings System, including, without limitation, posting positive comments about yourself or having others do so, or posting negative comments under any user name except your own or having others do so. We reserve the right, but not the obligation, to suspend or terminate any user's use of the Site based on negative Ratings.
  • We reserve the right to remove or delete feedback comments left for transactions that were canceled or invalid. Leaving negative feedback for invalid or canceled purchases or transaction is against JoyLot policy. Negative feedback containing cancellation request of orders or communication with a seller may be considered for removal if reported by the seller or buyer.
  • Breach.
    Without limiting other remedies, we may immediately issue a warning, immediately remove your purchase or item listings, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
  • Privacy.
    We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.joylot.com/privacy.cfm. If you object to your Information being transferred or used in this way please do not use our services.
  • No Warranty.
    WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
  • Liability Limit.
    IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

    OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  • Indemnity.
    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Legal Compliance.
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your buying on, listing, purchase, solicitation of offers to purchase, and sale of items.
  • No Agency.
    You and JoyLot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  • Notices.
    Except as explicitly stated otherwise, any notices shall be given by postal mail to JoyLot Inc. Attn: Legal Department P.O. Box 595., Hicksville, NY 11802-0595 (in the case of JoyLot) or to the email address you provide to JoyLot during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to JoyLot during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  • Arbitration.
    Any controversy or claim by visiting JoyLot.com or to products you purchased though JoyLot user id arising out of or relating to this Agreement or JoyLot Inc services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, at the New York, NY office of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either User or Joylot.com, Inc may seek any interim or preliminary relief from a court of competent jurisdiction in New York city, New York necessary to protect the rights or property of User or Joylot.com, Inc pending the completion of arbitration.
  • Additional Terms.
    In addition to the User Agreement, the following policies and agreements, as modified from time to time, apply to various aspects of your use of the Site.
  • General.
    This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  • Copyright.

    IP OWNERSHIP AND COPYRIGHT INFRINGEMENT

    JoyLot disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). JoyLot will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include JoyLot removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to JoyLot regarding matters other than informing JoyLot that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

    INFRINGEMENT NOTIFICATION

    To be effective, your infringement notification must include the following:

    JoyLot Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, If you believe that your rights have been violated by any content or advertisement on the site, Please provide our copyright agent with a written information specified below. Please note that in order for us to investigate your claim the following information must be provided.

    1. An electronic or physical signature of the person authorized to act on behalf of the owner copyright property.
    2. A description of the work that you believe has been copied.
    3. A brief information and item you believe has been copied including the item number and the item title.
    4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright intellectual owner, its agent, or the law;
    5. A statement by you, made under penalty of perjury, that the information which is submitted to us is accurate and that you are the owner of the copyright owner or authorized to act on owner's behalf.
    6. Information reasonably sufficient to permit JoyLot to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

      Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

      1. JoyLot shall remove or disable access to the Third Party Content that is alleged to be infringing;
      2. JoyLot shall forward the written notification to the alleged infringer (the "Subscriber");
      3. JoyLot shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

    JoyLot copyright agents can be reached as follow:

    By Mail:
    JoyLot, Inc.
    P.O.Box 595
    Hicksville, NY 11802-0595

    By phone:
    Tel: 631-938-1238
    Toll Free: 800-393-5050

  • Disclosures.
    The services hereunder are offered by JoyLot Inc, located at:
    JoyLot, Inc.
    P.O. Box 595
    Hicksville, NY 11802-0595
    Toll Free: 800-393-5050
    For International or Domestic: 631-938-1238




  

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Use of this Web site constitutes acceptance of the User Agreement.