Website Terms and Conditions US

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

What's in these terms?

These terms tell you the rules for using our website www.joonbyrd.com/en-us (Website). These terms constitute an electronic contract that sets out the legally binding terms of your use of the Website.

Who we are and how to contact us

www.joonbyrd.com/en-us is a website operated by Joonbyrd Limited (we, us, or our). We are registered in England and Wales under company number 13863516 and have our registered office at 128 City Road, London, England, EC1V 2NX. Our VAT number is 408 0065 31.

To contact us, please use one (or more) of the ways set out here.

By using the Website you accept these terms

By using the Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the Website.

We recommend that you print a copy of these terms for future reference.

Your use of the Website

In order to use the Website and the related service, you must be at least eighteen (18) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to agree to these terms and to abide by all of the terms and conditions herein. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE.

The Website is also not available to any users who have been previously removed or suspended from the Website.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the Website:

• Our Privacy Policy.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on the Website.

If you purchase goods or services from the Website, our Terms and Conditions of Sale will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the Website following our posting of revised terms of any section of the terms will constitute your express and binding acceptance of and consent to the revised terms.

These terms were most recently updated here.

We may make changes to the Website

We may update and change the Website from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw the Website

The Website is made available free of charge.

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you register and create a profile with us, choose a username (or similar identifier), password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

In creating and maintaining your profile, you agree to provide accurate information to us at all times. In the event that you discover that you have provided inaccurate or misleading information, you agree to immediately correct such information. If you use an alias as your account name, you agree not to use an alias that is vulgar, defamatory, offensive, or that violates any third party’s intellectual property rights or otherwise violates these terms or any other agreement.

How you may use material on the Website

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy, download, share or repost any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorizing or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice (especially medical advice) before taking, or refraining from, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

We are not responsible for other websites that we link to

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This Website may include information and materials uploaded by other users of the site, including. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, the Website; or
• Use of or reliance on any content displayed on the Website.
• In particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you contribute to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in any information, photographs or other images, or intellectual property that you upload to the Website (collectively, “Your Content”)     , but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in rights you are giving us to use material you contribute section below.

We also have the right to disclose your identity to any third party who is claiming that any content posted by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us.

Joonbyrd uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation Your Content. However, Joonbyrd cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Joonbyrd be liable for any copying or usage of Your Content not authorized by Joonbyrd. You hereby release and forever waive any claims you may have against Joonbyrd for any such unauthorized copying or usage of Your Content, under any theory of liability. The security measures to protect your content used by Joonbyrd herein are provided and used "as-is" and with no warranties or assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.

Your rights to claim against us if we restrict access to Your Content or your profile

If we restrict access to any content you contribute to our Website in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.

We will suspend your profile if you frequently upload illegal content

• If you frequently upload material that is clearly illegal, we may suspend your access to our Website for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
• How many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
• The gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise); and
• Where possible to identify your intention in posting the material.
• If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
• How many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
• The gravity of the misuse; and
• Where possible to identify your intention in submitting the notices or complaints.

In order to protect the integrity of the Website, Joonbyrd reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.

Your rights to claim against us if we suspend or ban your use of our service

If we suspend or ban you from using Website service in a way that breaches these terms, you have a right to bring a claim against us for breach of contract.

Rights you are giving us to use material you contribute

When you post content to our site, you grant us the following rights to use that contribution:

• A worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and publish  user-generated content in connection with the service provided by the Website and across different media including to promote the Website or our business forever. 

Our copyright policy

Joonbyrd prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

128 City Road, London, EC1V 2NX, United Kingdom

When contacting us, please make sure that you include the following information:

• a statement that you have identified content on Joonbyrd that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
• a description of the copyright work(s) that you claim have been infringed;
• a description of the content that you claim is infringing and the Joonbyrd URL(s) where such content can be located;
• your full name, address and telephone number, a valid email address on which you can be contacted, and your Joonbyrd user name if you have one;
• a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following: 

• with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
• your electronic or physical signature (which may be a scanned copy). 

Joonbyrd will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 128 City Road, London, EC1V 2NX, United Kingdom or customercare@joonbyrd.com. In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at 128 City Road, London, EC1V 2NX, United Kingdom or customercare@joonbyrd.com.

Our repeat infringer policy

In accordance with the DMCA and other applicable laws around the world, Joonbyrd has adopted a policy that it will promptly terminate without notice any user's access to the Website if that user is determined by Joonbyrd to be a "repeat infringer." A repeat infringer includes, without limitation, a user who has been notified by Joonbyrd of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Website more than twice. Joonbyrd may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Joonbyrd accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to users whose accounts are terminated as a result of repeated infringement of these Terms of Use. 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack     . By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. You may also expose yourself to civil and/or criminal laws in effect in other countries. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on the Website other than that set out above, please contact us.

Global use of the Website

Joonbyrd does not warrant or guarantee that the Website,  or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Website, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Website from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Limitation of liability

In no event will Joonbyrd be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website, or use thereof. Nothing contained in the Website or in any written or oral communications from Joonbyrd or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Website, along with the services provided by employees of the Website, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Joonbyrd makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Website is at your sole risk. Under no circumstances shall Joonbyrd, its officers, owners, employees or agents and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from use of, or inability to use, the website or the information contained therein, including without limitation for viruses alleged to have been obtained from the website, even if Joonbyrd has been notified of the possibility of such damages or losses and regardless of the theory of liability. 

To the greatest extent permitted by law, you agree that in no event will Joonbyrd have any liability, contingent or otherwise, for any indirect, special, incidental, consequential, or exemplary damages in any way arising out of or relating to the terms, website, or your use thereof, including, but not limited to physical injury, death, emotional distress, lost profits, lost data, loss of goodwill, copyright infringement, work stoppage, equipment failure or malfunction, personal injury, property damage, or any other damages or losses, even if Joonbyrd has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, statute, indemnity or otherwise) upon which such liability is based.

You further acknowledge and agree that Joonbyrd shall have no liability for damages arising from any dispute between yourself and another user of the website.               

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Joonbyrd and sole remedy available to any user in any case in any way arising out of or relating to these terms or the Website shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to Joonbyrd during the six months prior to notice to Joonbyrd of the dispute for which the remedy is sought.

Indemnity

You agree to indemnify and hold Joonbyrd, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

• your use of the Website in violation of these terms and/or arising from a breach of these terms including without limitation your representations and warranties set forth above;
• any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the website, and/or your making available thereof to other users of the website, and/or the actual use of Your Content by other users of the website or related services in accordance with these terms and the parameters set by you with respect to the distribution and sharing of Your Content;
• any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Joonbyrd.

Attorney fees

In the event that Joonbyrd is successful in whole or in part in any action or proceeding related to or arising from these terms, you shall be responsible for Joonbyrd’s attorneys' fees and costs.

No third-party beneficiaries 

You agree that, except as otherwise expressly provided in these terms, there shall be no third- party beneficiaries to these terms.