Terms of Service

Last Updated: October 26, 2023

Welcome to jovially.top. These Terms of Service ("Terms") govern your access to and use of the jovially.top website and any related services, features, content, or applications offered by jovially.top (collectively, the "Service"). 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

The Service is provided by jovially.top ("we," "us," or "our"), located at 7117 Maple Dr, Fort Smith, Arkansas 30360. By creating an account, accessing, browsing, or otherwise 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 jovially.top.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with jovially.top and meet all of the foregoing eligibility requirements. If you are under 18, you confirm you have your parent or guardian's permission to use the Service.

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 and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that jovially.top will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service ("User Content"). You agree to use the Service only for lawful purposes and in accordance with these Terms.

3.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating any other users of the Service.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Violating the intellectual property rights or other proprietary rights of jovially.top or any third party.
• Collecting or storing personal data about other users without their express permission.

3.2 User Content

You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant jovially.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and grant the license above.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of jovially.top 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 jovially.top.

You acknowledge that the Service may contain content provided by third parties and that such content is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. No license or right is granted to you by implication, estoppel, or otherwise to use any trademark, copyrighted material, or other intellectual property displayed on the Service.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOVIALLY.TOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOVIALLY.TOP, 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