Terms and Conditions Introduction Welcome to the user agreement for the Joybear Pictures website. In return for allowing you access to the website, we impose and require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must leave this website immediately. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of downloadable content. You must read, agree with and accept all of the terms and conditions contained in this agreement. New Customer You may browse our website without registering but will need to become an online customer with us in order to purchase any goods via our website. When you become an online customer your username will be your valid email address and you will be asked to input a password. We have a club for members only. Anyone can become a member and It is free to join. Members receive free content, including downloadable pictures and video. In return for free membership, you will need to create an account. By creating an account, you hereby agree to be added to our mailing list. We will contact you via email approximately twice a month to inform you about our products and services. Similarly, you will be required to create a username and password. You can unsubscribe at any time but you will no longer have access to the club. We reserve the right to deny membership at our sole discretion. You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username or password. You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information. You can e-mail any changes in your details to us at support@joybear.com. Sexually Explicit Material Intended for Adults All materials, including messages and other communications, contained within this website are intended exclusively for consenting adults in locations where such materials do not violate any community standards, local law or regulation of any country. No persons under the age of eighteen (18) years (or twenty-one (21) in places where eighteen is not the age of majority) may view or possess any of the contents of this website or place any orders for any goods or services advertised on this website. You hereby acknowledge and represent that you understand that the materials contained on this website include explicit visual, audio and/or textual depictions of nudity and sexual activities, including but not limited to heterosexual and bisexual activities of an explicit sexual nature; that you are not offended by such materials; and that by agreeing to these terms and conditions you warrant to the company that you are intentionally and knowingly seeking access to such sexually explicit materials. All models and other persons that appear in materials contained on this website were over eighteen (18) years of age at the time of filming. All records are available. Limited License In consideration of the payment for the content Joybear hereby grants you a limited, non-exclusive and non-transferable license to view the materials contained in this website solely for your personal, non-commercial use. You agree that all the materials contained on this website constitute intellectual property and that you may only access the materials in accordance with these terms and conditions. Where downloadable files are available you may only make a single copy of that file for your own personal, non-commercial use. You agree that the following are all breaches of these terms and conditions: Making more than one copy of the materials Modifying the materials Renting or leasing the materials You agree that to breach these terms and conditions in any manner will constitute intentional infringement of the Company's (and other's) intellectual property and may lead to criminal prosecution. Purchasing Products The prices displayed on this Site are quoted in US Dollars and UK sterling. The prices include tax and are subject to change if the applicable rate of tax changes before your order is accepted. In the unlikely event of a delay in the supply of products, we will advise you as soon as practicable. If the products cannot be delivered within 48 hours of your order, we will notify you of this delay and you may either cancel your order or agree another order with us. No contract will be formed between us until products and applicable charges are paid for in full, in the form of cleared funds. We reserve the right at all times and at our sole discretion to refuse to accept any orders. Orders will be processed as soon as payment is received. Trouble Shooting Your satisfaction is really important to us. Please email support@joybear.com if you require technical assistance. You have signed up as a new customer but have not yet received your confirmation email. Try checking your bulk mail or spam folder from your email provider for your confirmation email. Have your confirmation email re-sent to by emailing support@joybear.com. You have tried everything above but it's still not working. Firstly, we are really sorry that you are still having difficulties and want to get this fixed as soon as possible. Secondly, please email support@joybear.com and take a minute to give us as much info as possible so we can work fast to fix your problem. Our aim is to keep you as happy customer! Please let us know the following: WMP version Browser ISP Connection speed Precise problem Please ensure that your use of our website and services is legal. Acceptable Use You acknowledge that you are responsible for all communications sent via or to this website and agree your use of this website for private, proper and lawful purposes only. You will not carry out any act or omission or procure any act or omission, which would: damage, delay, interrupt or impair the use of this website or its software; cause any illegal, offensive, defamatory material to be placed on or associated with this website; be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or cause any inconvenience to Joybear Pictures, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam'). In the event that you breach any of these conditions, you will indemnify and keep indemnified Joybear Pictures, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions. Privacy Policy We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this web site: www.joybear.com We are registered under the UK Data Protection Act 1998 with number Z9403806. Joybear Pictures is the trading name and trademark of Joybear Pictures. Any information that you provide to us will be stored and processed in accordance with the Data Protection Act 1998. We will hold and transmit your information in a safe, confidential and secure environment. We will not sell or rent your personal information to third parties except as described under the heading "your data" below or in our Privacy Policy. If you object to your Information being transferred or used in this way please do not register. Your DATA When becoming a new customer you agree to our terms and conditions and privacy policy. The information you provide shall be held and may be used by Joybear Pictures for the following purposes: Informing you about forthcoming events organized by or on behalf of Joybear Pictures telling you about products services and offers available from Joybear Pictures and operating and administering such products, services and offers. Processing of applications for, and administering membership of, this website. - Providing you with updates and information about Joybear Pictures; and helping us through analysis and assessment to better understand and develop our business, including new and innovative products and services. If agreed by you, we may also pass your information to credit reference and fraud prevention agencies. Communication between us will be by e-mail. By signing up to view any complimentary video content you are agreeing to let us contact you, approximately twice a month, to promote our new or existing products or services. There is no obligation to buy and you may unsubscribe at any time by clicking here: http://joybear.com/joymail/?p=unsubscribe IMPORTANT: By registering with us and/or using this website you consent to our using your data in this way. Shopping When becoming a new customer on line or purchasing goods from us on line we record your Internet IP address for our records for reference to any fraudulent payment transactions. Cookies We use session-based cookies to help you maintain your shopping basket and any details you submit during your visit. We do not store permanent cookies on your computer, and you will need to login with your registered user name and password each time you wish to purchase goods from the website. New Customer Forms Our website's new customer form requires users to give us contact information, which is used to supply relevant information about Joybear Pictures to you at a later date. Security This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, please feel free to email info@joybear.com. Links to Other Organizations No mention of any organization, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals. We take no responsibility for anything that might occur when you visit any other website. When you click on a link you may leave this website. We may provide links to a non-Joybear website only as a convenience to you. For example, from our Blog. Limitation of Liability Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Indemnity You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party. Trade Marks, Copyright and Licenses Our trademarks include (amongst others) the Joybear Pictures name and logo, Joybear Pictures. These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trademarks. All other trademarks are the property of their respective owners. All content included on this website (including, without limitation, the trade marks of Joybear Pictures, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Joybear Pictures, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws. Any copyright or other intellectual property in these web pages is owned by, or licensed to us. It is absolutely prohibited for you to reproduce all or any part of the contents of this website except in accordance with this agreement. We grant you the following LIMITED license to copy the contents of this website: You may download or print pages from this web site BUT ONLY for your own personal use AND you may not make any modification to them. You may re-copy, extract or forward pages from this website to a third party for their personal use only, PROVIDED you: Do not make any modifications to the extract or pages before re-copying, extracting or forwarding Acknowledge that the extract is from this website Include the URL address of this website on the extract Notify the third party that use and further copying of the extract by them is subject to the terms of this license. The following acts are forbidden under the limited license granted to you: You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work without our prior written consent. You may not frame this website within any website controlled by you. Termination and Suspension We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if: You are in breach of any part of this agreement. We cannot, for any reason, verify or authenticate any information you provide to us. We believe that your actions may cause legal liability for us, you, or any other user. Notices Any notice, which we are required to give to you regarding the services, may be sent by e-mail provided by you on registration (or as amended from time to time). Unless otherwise explicitly stated, notices to us must be sent via e-mail. We will endeavour to respond within 24 hours of receiving your email unless we receive a failure notice that the e-mail address is invalid. General This Agreement sets forth the entire understanding and agreement between us. We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting. Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect. You cannot assign this agreement but we may assign it at our sole discretion. Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches. Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise. Governing Law These terms of use are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement. The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services. We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal. |
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