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
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
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.
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.
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. 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
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.
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
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
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
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
- 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.
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.
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.
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
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
- 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
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.
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
- 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.
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.
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
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.
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.
To be effective, your infringement notification must include the
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.
- An electronic or physical signature of the person authorized to act on
behalf of the owner copyright property.
- A description of the work that you believe has been copied.
- A brief information and item you believe has been copied including the
item number and the item title.
- 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
- 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.
- 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
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:
Hicksville, NY 11802-0595
Toll Free: 800-393-5050
The services hereunder are offered by JoyLot Inc, located at:
P.O. Box 595
Hicksville, NY 11802-0595
Toll Free: 800-393-5050
For International or Domestic: 631-938-1238