Terms and Conditions
INTRODUCTION
Welcome to this internet site. This website is owned by The Manuel G. Rubio Jr. Foundation and its subsidiaries injoy Media Group, LLC (together collectively known as “injoy“). All injoy internet sites and domains are operated by injoy Media Group, LLC (“injoy Media Group”, “injoy Media”, “iMG”, “injoy”, “Knird” , “we”, “our”, or “us”). The Terms and Conditions (these “Terms” “Terms of Service” “Terms of Use” “Terms and Conditions of Use” and or “Agreement”) stated herein apply to all injoy sites.
injoy owns, supplies, produces, and sells a wide variety of products, platforms, services, and solutions; including but not limited to, business development, e-commerce, online marketplaces, commercial advertising, rental services, consulting services, visual effects, CGI, animation, motion design, production, direction, and other post production services for the development of film, TV, media, art, entertainment, commercial advertising, engagement marketing, and experiential marketing. The aforementioned include but are not limited to the following: E-commerce, marketplaces, pharmacies, platforms, media, works of art, entertainments, advertisements, technologies, communication tools, business spaces, online directories, administrative services, advertising mediums, medias, games, data collection and analysis, data statistics, some or all of which may be accessed through a variety of means (all of which are collectively called our “Website”, ”Internet Site”, “Site" and or "Sites”), productions, websites, softwares, operating systems, applications, mobile applications, Ai, AioT, IoT, omnimedia channels, multimedias, interactive displays, internet communication gateways, integrated data processing and analysis, internet analytics, products, services, content, games, sweepstakes, contests, promotions, advertisements, rentals, leases, distributions, publications, broadcasting medias, merchandising, platforms, and or other online virtual, augmented, or mixed reality products and services, (“injoy Studios” “Services” “Productions” and “Platforms”), which may be branded injoy, injoy Media, and or injoy Media Group. The terminology of the words "you" or "your" encompasses and include any and all users, clients, and or customers and thier subsidiaries, affiliates, employees and holding companies, and parent or legal guardians whom simply browse, use, or access injoy sites offered directly by injoy or through an affiliated third party (you agree to these terms when you browse, use, or access any aspect of the injoy sites). If you do not agree to these terms and conditions, you may not use any of our injoy sites, products, and services.
These terms apply to this website (www.injoymediagroup.com), for which injoy Media Group, LLC owns and operates; including all intellectual property, all estates and properties, technologies, developments, materials, contents, services, productions, platforms, and medias retained and published on this website as well as any other official injoy owned and or operated sites that link to these Terms. You may not use of injoy Media Group’s sites data, information, contents, materials, and intellectual properties for personal, commercial, and or business purposes in any way that is unlawful, unwarranted, fraudulent, or harmful to us or any other person or entity as determined by us herein this Agreement. Please read this agreement carefully before using injoy Media Group Sites. Your use of this injoy Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If you do not accept any or all the terms and conditions of this agreement, you may not use injoy sites and services. This agreement declares our terms and conditions of use policies and its respect to its immediate governance across all injoy Sites.
The Terms and Conditions declared in this agreement apply to all injoy sites. These terms and conditions are not to be subject to the users misinterpretation of stated policies herein and the terms and conditions of injoy sites, uses, and services will in perpetuity prevail as we have explicitly intended and or instated. Additionally, with included foresight beholden unto you, the user, prohibits all Intensional or non-intentional discernment sought to misconstrue any and all information stated in these Terms and Conditions Agreement and on injoy websites for competitive commercial and or personal benefit. By using and browsing any and all injoy websites, you agree to all our Terms and Conditions set forth in this agreement.
Additional Terms and Conditions. The following supplemental terms and conditions apply to certain products and services, including but not limited to, intellectual property, licensing, data collection and analytics, data statistics, integrated data processing and analysis, contest, sweepstakes or promotions, softwares, applications, promotional codes, availability of certain merchandise, contents, programs, games, and or other public events, festivals and or activities; injoy is not held liable for any and all possible harms or damages done by or to any individual, entity, and or user, regardless of their age, gender, demographic as well as specific terms or authorized restrictions that may govern certain territories, programs, contents, materials, products, websites, applications, and or other softwares. All supplemental terms and conditions are in addition to our Terms and Conditions, and in the event of a conflict, these additional terms will retain precedence over any and all conflicts. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use our injoy Sites. Among other certain products, platforms, and services offered directly by and or through injoy Sites; each “injoy AioT Internet Services” and “injoy AioT Omnimedia Channels” (collectively "injoy Media Group Internet Services"), govern over certain areas and sites both geographically and virtually and are included and encompassed within referencing “injoy Media Group Sites” that are specifically authorized by these additional terms and Conditions (collectively “Additional Terms”). These Additional Terms are in effect in addition to and in harmonious conjunction with all injoy Terms and Conditions. You hereby agree and will abide by these Additional Terms and Conditions stated. The Additional Terms and Conditions of this Agreement, are to be taken together, understood collectively, and apply to the Terms and Conditions of use to any and all specified areas and sites pertaining to injoy Media Group Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and an external Agreement, the Additional Terms will prevail, hold precedence, and retain specified control.
You represent to injoy that you have read, understood, and willfully express consent to abide by and be bound to the limitations set forth in these Terms and Conditions Agreement under injoy. These terms and conditions encompass definitions that are contained and referenced within this agreement. These definitions apply indefinitely, regardless to whether or not one has created an injoy account (you agree to this Agreement at the time you access any and all injoy sites) or whether you simply browse, request, or engage an injoy site, service, product, production, media, and or advertisement; regardless of the interaction being a result of direct distributions by injoy sites or through a third party platform and or search engine (you agree to the Terms of Use in this Agreement when you browse, use, access, or engage in any and all aspects of injoy Sites). If you do not agree to these Terms and Conditions instated in this Agreement, you are prohibited from using any and all interactions with injoy Sites.
The following terms and conditions apply to the any and all injoy Sites, services, products, productions, platforms, contents, materials, medias, advertisements, and intelligence obtained, recorded, collected, accepted, completed, and or delivered by injoy Media Group, LLC (‘injoy’). The Terms and Conditions in this agreement will supersede and override all any and all external terms and conditions and or agreements prior one’s engagement with injoy and injoy sites. The Terms and Conditions under this entire agreement constitute as the entire agreement between injoy and the user.
1. DEFINITIONS
‘User’ anyone who interacts, engages, navigates, or browses any injoy Media Group websites, applications, softwares, and platforms.
‘Client’ means any user, customer, person, firm or company interacting with the injoy sites, platforms, products, and or services. Terms may be used interchangeably.
‘Client’s Property' means any of the Client’s works, tapes, films or other materials, equipment or other property which is the subject of the facilities and is provided to injoy.
‘Sites’ means any and all digital and physical locations in which one may access, intersect paths, interact, and or engage with injoy, technologies, products, contents, services, properties, and websites.
‘Submissions’ mean any and all texts, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through any of the Sites.
'Booking' means the booking period for which injoy has agreed to provide the service, space, and or content to the Customer in an agreed upon amount of time.
‘User Generated Content’ means any and all forms of communication, contents, materials, messages, texts, emails, posts, videos, images, gifs, etc…+ that may be uploaded to and from our sites.
‘Contents’ means all forms of intellectual properties, communications, technologies, materials, and services that are rendered by injoy or one of its subsidiaries and or affiliates.
'Materials' means all forms of substance that in total equate to a finished and or unfinished intellectual property of injoy, including but not limited to, tapes, films, and or other media contents provided by injoy pursuant to a product, service, and or consultation.
’Products’ means any and all commodities made by injoy that are available for purchase, including but not limited to, sites, intellectual properties, technologies, merchandise, productions, renderings, media, and arts.
‘Services’ means any and all works made by injoy that are available for use and or purchase, including but not limited to, sites, intellectual properties, consultations, constructions, surveillance, productions, platforms, leasing, rents, medias, and arts.
‘Platforms’ means any and all injoy, its subsidiaries and its affiliates out-of-home or in-home advertising and or media spaces, e-commerce, communication publications (digital or physical), communications and connectivities, internet access points and communications, shipping & receiving services, supply chain services and managements, data collection managements, softwares, applications, products, services and commodities,
‘Facilities' means the pre/post-production equipment, personnel, creative and production facilities and services which injoy is providing to the customer in accordance with these terms and conditions
‘Technology’ or ‘Technologies’ means any and all materials and products of injoy, its subsidiaries, and its affiliates intellectual properties, including but not limited to, end-product deliverables, contents, and services made by injoy and paid for by the client.
‘Intellectual Property’ or ‘Intellectual Properties’ means any and all intellects, inventions, ideations, and or works of creativity, service, and technology done by or is a derivative of injoy.
2. Authority
By using this Internet site, you represent that you are at least 13 years of age. All persons who are under the age of 18 may only use injoy Sites with consent from their legal parent or guardian. By using this internet site, you agree that you are at least 13 years of age or older and possess the required legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site as you are not authorized to use this injoy site, and any information obtained must be destroyed.
3. Changes To The Terms and Conditions and Site
injoy reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and or the Additional Terms at any time. injoy will provide notice of such change on this injoy Site. Please review this Agreement and or Additional Terms periodically for changes. Your continued use of this injoy Site and or injoy Internet Services and Products constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Site and all injoy Sites and service. injoy may change or modify the Terms and Conditions from time-to-time without notice to you other than posting the amended Terms on this Site. The amended Terms and Conditions will automatically be effective when posted on our Sites. Your use of our Sites after any changes in these Terms and Conditions shall constitute your agreement and consent to such changes. injoy reserves the right to change, modify and or discontinue, temporarily or permanently, the Sites (or any portion thereof), including any and all content and materials contained on the Site, at any time without notice. You agree that injoy shall not be liable to you or to any third party for any modification, suspensions, or discontinuances to you in regards to any and all injoy Sites (or any portion thereof).
4. Registration, Password, and Security
Whenever one provides us information on to any of our Sites, one agrees to: (a) provide us true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, and or incomplete, injoy may without notice suspend or terminate your access to our Sites and refuse any and all current or future use of our Sites (or any portion thereof). If any portion of our Sites requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as needed as an added precaution. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify injoy of any unauthorized use of your password or account or any other breach of security to your account. Without limiting any rights which injoy may otherwise retain, injoy reserves the right to take any and all action, as it deems necessary and or reasonable, to ensure the security of injoy Sites and your account, this includes without limitation terminating your account, assisting to change your password, or requesting additional information to securely authorize transactions on your account. Notwithstanding the above, injoy may rely on the authority of anyone accessing your account or using your password, and in no event including under no circumstances shall injoy be held liable to you for any liabilities or damages resulting from or arising out of any and all injoy actions and or inactions to you and or any of its users under this provision, including any and all compromises of the confidentiality of your account or password and any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the authorized account holder. The security of your personal identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that our such steps do not guarantee that use of our Sites are deemed invulnerable to all security breaches, and that injoy makes no warranty, guarantee, or representation at any time that use of any and all of our Sites are protected from viruses, security threats, or other vulnerabilities.
5. Privacy Policy
Please review our Privacy Policy which explains injoy's practices relating to the collection and use of your information through or in connection with and or all injoy Sites. injoy’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms and Conditions. If you are using any one of injoy’s sites, our use of your information is governed by these Terms and Conditions in-tandem with and in direct relation to our privacy policy. You understand that through your use of any and all of injoy Sites, you consent to the collection and use of your information (as set forth in the applicable privacy policy).
6. Trademarks And Service Marks
The injoy Logo and the injoy Media Logo that are used and displayed as representation on injoy Sites are owned solely by injoy one of their direct Intellectual Properties. The trademarks for any and all of injoy Intellectual Property may not be copied or used, in whole, partial, and or modified form, without the prior written permission of injoy for said injoy Intellectual Properties. In addition, injoy custom graphics, logos, button icons, materials, contents, scripts, and page headers are covered by trademarks, copyrights, or other intellectual proprietaries governed under law, and may not be copied, imitated, or used, in whole, partial, and or modified form, without the prior written permission of injoy Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by injoy. You may not use and or exploit any meta tags or any other "hidden texts” derived from the injoy, the injoy name, trademarks, contacts, information, data, product, or service names without injoy's express written consent.
7. Copyright And Authorization
injoy Sites provide you access to a wide variety of information, communications, entertainment, shopping, medias, advertisements, games, content, intellectual property, and other services, products, data, and materials ("Content"). The Content is owned by injoy Media Group, LLC and or its affiliates. Some portions are owned by non-injoy companies or third-parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11). Some portions of the site may require you to either download or purchase software ("Software") in order that you may access our Site, the data, information, and services provided through our Site and or the Sites Content. The Software is either the property of injoy or a supplier, vendor, or licensor to injoy. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in injoy’s Terms and Conditions, you are granted solely a limited right of access to injoy Sites. The intellectual property, information, data, materials, contents, softwares, services, products, and platforms made available to you are for your non-commercial use only. Without limiting the authority of the foregoing, no intellectual property, information, data, materials, contents, software, service, products, platforms and or underlying information or technologies may be downloaded or otherwise exploited, exported or re-exported for your or any other personal or commercial use.
8. Copyright Infringement
The injoy Media Group and its subsidiary companies do not authorize, grant, or distribute licensing rights to use any of injoy’s logos, materials, contents, services, intellectual properties, data, and or platforms. All intellectual properties published on the injoy Sites are intellectual properties that are owned and operated solely by injoy Media Group, LLC. Any fraudulent misrepresentations in association with injoy, injoy Media, and injoy Media Group will be prosecuted under fraud and or copyright infringement subject to intellectual property theft along with any other violations pertaining to copyright, patent, trademark, trade secrets, or any and all other licensing or intellectual proprietary rights. We respect privacies across all of injoy Sites. Adjacently, injoy users must respect one another’s right to privacy and not disseminate another’s personal information without their explicit permission to do so. Under injoy’s Platforms; injoy owns and operates all media and advertisement spaces, and as explicitly stated herein, when purchasing media or advertisings upon any injoy platforms, your messages are considered promotional media solicitation submissions requested by our client (you) the media buyer. Solicitation submissions and requests will retain their explicit stature as media in perpetuity, regardless of whether or not the entity is for profit, and therefore, our client (you) the media buyer, will be held liable and responsible for your own messages publicized, inlcuding but not limited to the community engagement and interpretation of the message, and the public’s overall reception of your publicly displayed announcement and or presence. Prominently, in direct regards to public interactions over the internet, injoy is not liable and will not be held responsible for any user responses online as we cannot assure you that their conduct towards your advertisement will be foregoing compliance with injoy’s Rules of Conduct.
9. Intellectual Property In Materials
All Copyrights in any formality of recording, including but not limited to, other works resulting from such provisions of our services, products, platforms, and or facilities embodied in any materials delivered are vested in and are retained as extended exclusivities and or exclusive intellectual properties of injoy. Held subject to injoy having received full payment of all monies due for the products and or services rendered by injoy; the receiving customer of said rendered product(s) and or service(s) delivered by injoy pursuant to their individual commercial trade agreement may be granted exclusive licensing rights to publish and transmit the finished product as supplied by injoy for the purposes as originally stated at time of commercial trade contract between injoy and the client. The client and or customer have no rights whatsoever (and undertakes not) to use any Material, Contents, or Intellectual Property Rights of any type whatsoever contained in them and or derived from the finished product(s), service(s), platform(s) and or technologies delivered to them as provision of injoy, in whole or in part, for any other purpose whatsoever. Notwithstanding anything to the contrary contained herein, injoy shall retain ownership and possession of, and shall not be required to deliver to the client, any mechanical devices, processes, objects, sources, codes, applications and or softwares which are used as tools to create the injoy “Technology” provided. injoy Technology shall not include any visual images or photography from or relating to the clients patented product at submission, for the avoidance of doubt, the client shall have no exclusive rights, titles, and or interests in any of their such products, images or photography thereafter submissions. injoy shall own the injoy Technology produced, as well as all intellectual property rights related to the delivered client technology at time of completion, including but not limited to, any copyrights, trademarks, trade secrets, or patents in connection therewith. Notwithstanding the foregoing, clients hereby grants to injoy a non-exclusive license in and to the client technology in perpetuity, to the extent only that the same is necessary for the full exploitation of the product and all ancillary and allied rights therein and thereto by injoy as envisaged by the parties hereunder.
10. Confidential Information
The user agrees to keep confidential all information relating to injoy, its businesses, its affiliates, its financial affairs, facilities, platforms, and all products and services provided by injoy, including any computer programs, production techniques, databases, and or any ideas, concepts, know-hows, designs, and processes inherent to injoy’s intellectual properties and or copyrighted materials for which the information is derivative of, disclosed to, and or obtained from any and all injoy Sites. In pursuance to or as a result of the provisions published as commercial trades rendered by injoy, including the products, services, and platforms offered on injoy Sites are too also explicitly considered ('Confidential Information’). The user, client, and or customer will not use or divulge any dissemination of said confidential information to any person(s); and in the event of the users termination of association and use with injoy Sites, the user will return to injoy any confidential information (without retaining copies thereof) along with any and all equipments or other materials provided by injoy.
11. Third-Party Profilers, Products, And Services
Parties other than injoy may offer and provide products and services on or through the Sites. All except for injoy branded information, products and or services that are identified as being supplied by injoy; injoy does not operate, control, or endorse any outside information, products, or services on the Sites that may be accessible through the Sites in any way. injoy is not responsible for examining or evaluating this and injoy does not warrant the offerings of, any of these businesses or individuals or the content of their websites. injoy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. injoy Sites may contain links to other websites not operated by injoy. If made available, the links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement, or adoption by injoy of those websites or the contents therein. We are not responsible for the contents, links, or privacy of any linked website. Access to any and all other third-party websites that are linked or associated to injoy Sites are made available at your own risk. When leaving injoy Sites, you should carefully review the applicable terms and policies, including privacy and data collection practices of that third-party website.
12. Products, Services, And Platforms Information
injoy does not warrant the information, graphic depictions, products, services, and descriptions other than as explicit contents and materials of injoy Sites. These contents and materials are owned properties of injoy, and are accurate, complete, reliable, updated, current, and or error-free. Adversely, when addressing prices, despite our efforts, it is possible that a price for a product or service offered by injoy, whether quoted directly through consultation and or made available on an injoy Site; prices may be deemed inaccurate as the product or service description may contain an elastic demand discretionary to deliverance time. In the event injoy determines that a product or service contains an inaccurate price or description, injoy reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation reissuing an invoice and or canceling your order, unless prohibited by law. injoy may make improvements or changes to any of its contents, materials, information, data, products, services, platforms, or programs described on injoy Sites at any time without notice.
13. Online Orders
In order to protect injoy and its clients and customers from fraudulent activity, we may implement reasonable procedures regarding any online booking and or purchases orders including but not limited to validating ones provided contact information or limiting the amount of products and or services that may be ordered online by a single individual or entity. injoy reserves the right to further limit quantities or to cancel and or reject individual orders at its sole discretion.
14. Submissions, User Generated Content, Dmca Takedown Notices
A. Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions, and or other submitted materials you submit are not being made in confidence and or in trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no certain expectation of review, compensation, or consideration of any type by us. There are two types of ‘Submissions’ provided to injoy by our users: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions that (a) we expressly request or enable you to provide to us via any feature or activity on injoy Sites for our review and or display for specifically-defined possible consideration or possible compensation (collectively, “Consideration”) (such as contests, sweepstakes, prizes, or other valued in-housed games, awards, applications, platforms, and or promotions); and (b) Submissions that you publish and or distribute on or through any of injoy Sites for which you do not seek Consideration (such as in our consultations, guest services, and in publicly accessible areas or forums (as defined below in Section 15, “User Submitted Content”). “Unsolicited Submissions” are any and all ‘Submissions’ that do not fall within subparagraphs (a) or (b) of this paragraph. You agree not to propose, post, and or submit to injoy ideas, concepts, copies, proposals, inventions, methods, or techniques for new or proposed products and or services (collectively referred to as "Submitted Materials”) to any and all injoy Sites. In the event you do so, you hereby grant to injoy a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Materials in any manner whatsoever without compensation or attribution to you. You also grant to injoy the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing, and promotional material related to such material and information. Our use of such Submitted Materials shall not require permission from or require payment to you or to any other person or entity. You agree that injoy is not under any expressed or implied obligation of confidentiality, with respect to your Submitted Materials. You agree that you have no recourse against injoy for any alleged or actual infringement or misappropriation of any intellectual and or proprietary right in your Submitted Materials and that the submission of any Submitted Materials to injoy, including the posting of such materials to any forum or interactive area on injoy Sites, irrevocably waives any and all "moral rights" to said Submitted Materials. You represent and warrant prior to your submission of said materials, that you own or otherwise control all of the rights to the Submitted Material that you post, and that the Submitted Material is completely accurate, as well as that the use of the Submitted Materials you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
B. User Submitted Content
injoy Sites may retain "publicly accessible areas" such as message boards, forums, member profiles, search engines, job/career folders and or other features that may allow users to post Content that will be accessible by the public or the user population in general. With respect to any content aforementioned, including but not limited to, messages, images, texts, photos, graphics, audios, videos, data, or other materials you elect to post to the publicly accessible areas of our injoy Sites, while you retain any and all of your lawfully owned rights in such Content, you herein grant injoy a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content which you provide (in whole or part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. By any access to our Sites, you permit injoy to , display, view, store, distribute, perform, reproduce, and prepare derivative works of, such Content that you have provided, placed, and or posted in publicly accessible areas of our injoy Sites. No compensation will be paid to you or to any other person or entity with respect to any of the posting or use of your Content. injoy is under no obligation to post or use any Content you may provide and injoy may remove your Content at any time in its sole discretion. You agree that injoy is not under any obligation of confidentiality, expressed or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 14 (Acceptable Use), and that your Content will not cause injury to any person or entity, and that you will indemnify injoy for all claims resulting from the Content you supply. injoy does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity, and or quality of such user Content. injoy shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via injoy Sites for any reason or no reason, including that any Content violates these Terms and Conditions or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the publicly accessible areas of injoy Sites, we act as only a forum and are not liable for any statements, representations, or User Contents provided by injoy Site users. Any opinions, advice, and or recommendations expressed therein these publicly accessible areas are those of the users providing such Content and not those of injoy. We do not endorse any Contents or any opinions, recommendations, or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where and how our injoy Sites are used in correspondence to disseminated statements that are harmful or inflammatory.
C. User Generated Content
injoy Sites, Services, Products, and Platforms may ask for or allow you to communicate, submit, upload, or otherwise make available texts, chats, images, audios, videos, and or messages, for contest entries or other publicly accessible area contents (collectively “User Generated Content” or “USG”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether injoy Sites, Services, Product and or Platforms are made available by us or in connection with an injoy Site appears on an injoy website, and or platform or is integrated with a third-party website, service, product, application, and or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. In most instances, we do not claim ownership of your User Generated Content; however, by doing so, in your participation, involvement, and or engagement in USG, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the injoy Sites, Services, Products, Platforms and on third-party websites, services, applications, and or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the injoy Products in connection with the submission, or arising from it). You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and likeness rights (with respect to any and all persons or entities) contained in the User Generated Content submitted materials, and your such submitted materials will be retained by injoy without the need for payment to any other person or entity, to use and exploit, granted with full authorization for us to use and exploit your User Generated Content by you, in all manners instated and by this Agreement; and you agree to indemnify and hold us harmless from any and all claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your Submitted Materials and or User Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights to attempt to convene connections with the User Generated Content submitted by you to us against us or any of our affiliates, licensees, distributors, agents, representatives, and or other authorized users. To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of any of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on or for current and or future injoy Services, Products, Medias, and Platforms as well as on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be prohibited, null, and void. We may monitor, screen, post, remove, modify, store and review User Generated Content or Submitted Materials communications sent through injoy Sites, Services, Products, Medias, and Platforms, and at any time and for any reason, including to ensure that the User Generated Content or Submitted Materials communications conforms to this Agreement, without prior notice to you. We may terminate your account and access to injoy Sites, Services, Products, Medias, and Platforms if your User Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. injoy is not responsible for, and does not endorse nor guarantees, the opinions, views, advice and or recommendations posted or sent by users.
15. Submissions Licensing Policy
To reinstate, our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions, contents, or materials on or through any of injoy Sites. The enforcement of this policy is to avoid any and all future misunderstandings for when projects developed by us or under the direction of us are unequivocally not involved with any one whom are not apart of such developments especially those of which have proposed an unacceptable unsolicited submission as specifically defined. If, despite our request, you intentionally or unintentionally send us an Unsolicited Submission on or through any of injoy Sites, you do so in full knowledge that there is no established agreement whatsoever between us and you regarding any consideration and or review of your Unsolicited Submission, especially any further consideration of and or compensation for any submission type. Furthermore, you agree, in fact, that any Submission you make to us are not being made in confidence, in trust, and or in confidentiality, and that any fiduciary relationship is intended or created between you and us in any way, along with the fact that you have no expectation for any review, compensation or consideration of any type for your submission. Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives, and other authorized users), without the requirement of any permission from or with payment to you or to any other person and or entity for, and grant us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyright, trade marks, patents, trade secrets and other intellectual property rights you own or control, to use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on injoy group sites, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes in any media format and through any media channels including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). By communicating a Submission, you represent and warrant that the Submission and your communication of that Submission conform to the Rules of Conduct (Section 18 “RULES OF CONDUCT”) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of the applicable mechanical and/or performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any such society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub licensable and transferable worldwide license to present publicly each and every musical composition (including lyrics) and sound recordings contained in such Submissions. To the extent that we solicit Submissions through features or activities on any of injoy Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (Section 14. (B) “USER SUBMITTED CONTENT”) that require the use of our copyright works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as one of your agents with full power to enter into and execute any document and or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
16. Mobile And Internet Access Devices, Products, And Services
Mobile and Internet access devices, products, and services, If permitted, are available through the applicable injoy Internet Service. One must have a device with a mobile communications service subscription with a participating carrier or otherwise have access to a mobile communications service network for which injoy Media Group, LLC makes the injoy Internet Service available as well as any carrier services necessary to download content; one must pay any service fees associated with any such network and or carrier access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must obtain any and all equipments, applications, and or softwares necessary in order to connect to the injoy’s Internet Service, including, but not limited to, any and all retained injoy mobiles, devices, elements, extensions, sets, merchandise, and or other mobile internet access devices that is in working order and suitable for use in connection with the injoy Internet and is to be used as any part of our Internet Service. You are responsible for ensuring that your equipment and or software does not disturb or interfere with injoy Sites and operations or the injoy Internet Service. Any equipment, software, or devices causing interference will be immediately disconnected from injoy Sites and Services and injoy will revoke your access to the network including your access to their sites and services provided to any or all injoy Sites. In the event of any upgrades in or onto injoy Sites requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense, if any. Unless explicitly stated otherwise, any new or additional features that updates, augments, and or enhances the current injoy Internet Services; encompassing the continued release of new commercial products, platforms and services, will be governed to the terms and conditions of this Agreement. You agree to follow, comply, be bound to, and abide by all applicable governing laws in your use of the injoy Sites, services, productions, platforms, and offerings.
17. Acceptable Use
You agree to use injoy Sites and its Content (whether provided by us or others), as well as any Softwares and Platforms provided therein connection with injoy Sites, in a manner consistent with all applicable laws and regulations. Additionally, you agree you will not take any of the following actions against injoy, to injoy Sites, related Softwares, and Contents, nor will you use any of our Sites or related Softwares and or Platforms to communicate, upload, post, message, email, distribute, transmit, link, solicit, or otherwise make available any Content and or use of our injoy Sites as in any manner that:
is by any means unlawful, harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, offensive, hateful, and or abusive.
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
removes any proprietary notices or labels on the Content;
advocates or solicits violence, criminal conduct, or the violation of any local, state, national or international law or the rights of any third party;
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person and or entity or misrepresents an affiliation with a person and or entity;
specifically advertises firearms, ammunition, tobacco, alcohol, illegal drugs, or other contraband;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, and or any other unsolicited commercial or non-commercial communications;
interferes with others using the Sites;
is off-topic according to the description of the group, forum or webpage;
contains software viruses, malware, time-bombs, worms, corrupted files, Trojan horses, and or any other computer code, files, or programs that are designed or intended to defect, disrupt, damage, overburden, impair, and or limit the functioning of any software, hardware, network, server, service, product, link and or communications systems or equipment;
contains a charity request, causes for signature petitions, chain letters, letters relating to a pyramid scheme, and or personal political activisms;
disrupts, interferes, and or inhibits any other user from enjoying injoy Sites or other affiliated sites, linked websites, material, contents, products and or services;
uses any Ai, robot, spider, hacks, or other such programmatic automations, including but not limited to, automatic devices, automated dial-in’s, inquiry devices, auto-indices to obtain information from Sites, unauthorized monitoring and or copies of any portion of injoy Sites, consultations, products, and or services;
Record usage information for any portion thereof injoy Sites, and or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
use any injoy Sites or domain names as a pseudonymous for fraudulent business, associations, affiliations, activities, and or return email address;
contains any offer for unsolicited goods, products, and or services; contains any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., injoy global media and advertising platforms or injoy out-of-home bulletin board);
provides material support and or resources (concealing or disguising the nature, location, source, or ownership of said material support and or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act and or announced thereafter;
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital and internet rights management and or other security related tools incorporated into injoy softwares or any Contents and materials of or derivative from injoy Sites;
reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
systematically collects and uses any Content including the use of data mining, or similar data extracting, gathering, collecting, archiving, and or blocks-chain methods;
makes derivative uses of the injoy Sites and or any of injoy Contents, Services, Platforms, and Materials;
uses, frames, or utilizes framing techniques to enclose any portion of injoy Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site's underlying technology.
18. Rules of Conduct
The following Rules of Conduct apply to the all injoy sites, platforms, and applications as well as all users and user-generated content (UGC).
By browsing and interacting with any of injoy’s websites, platforms, and applications you agree that you will not encourage, distribute, promote, or exploit any contents and or submissions that:
Defamatory, slander, harass, abuse, bully, threat, or invade another’s right of privacy. Nor will you contribute any energy towards bigotry, spite, hatefulness, and or racially otherwise offensive distress. injoy, injoy Media, and The injoy Media Group nor any of it’s subsidiaries, affiliates, and our user-based communities will not tolerate, accept, condone, nor partake in any primitive violence, barbaric outbursts, ignorant vulgarity, or otherwise attempt to evoke harm or damage towards any properties, entities, and persons.
Illegal activities, encouragement of illegalities, and advocations of illegal or criminal activities are strictly prohibited. Any content or users attempting to promoting such behavior will be removed. injoy does not nor will ever allow, support, or promote such activities; including, but not limited to, attempt to engage in sexual assault, stalking, fraud, child pornography, trafficking, selling Illegal substances, abuse, harassment, theft, conspiracy, or pursuance to commit any criminal activity.
19. Site Security
Violating, bypassing, and or breaching the security of any and all injoy Sites is prohibited and may result in criminal and civil liability. injoy will investigate all incidents involving such violations alongside law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of injoy Sites or to breach the security or authentication measures of injoy Sites, including but not limited to, unauthorized monitoring of data and or traffic, interference with services provided to any user, host, or network, including without limitation, mail bombing, news bombing, or other flooding and or ghosting techniques, with deliberate attempt(s) to overload a system, forging any TCP-IP packet header, misdirections of IP addresses, false CSS, e-mail header, or any part of a message header, and using manual or electronic means to avoid and bypass any uses of such limitations.
20. Rates And Fees And Charges
injoy Media Group’s tiered competencies are those that are published from time to time and are labeled “injoy Media Group • (tiered-rate card).” Each tier stand as a marginal baseline for echelon budgets; exact pricing will vary per project. The complexity of said project will determine the final sales rate. The final price provided to you does not include (VAT) value added tax, if need be applied to your geographic governing region. All media stacks, hospitality, courier services, meals, storage expenses, long-distance telecommunication fees, and any such VAT and or external expenses shall be paid by the customer. injoy Media Group reserves the right to adjust the sales rates at any time.
21. Quotes and Estimates
The preliminary price quotes estimated by injoy are provided during our initial client-campaign consultation. The consultation quotes are in fact rounded inexact estimates provided after listening to our clients storyboards (if applicable), needs, wants, and desired aspirations for their media campaign. We then provide a corresponding tier price rating that coincides with their budget. Moreover, injoy will esteem to adhere to our estimation upon the initial consultation, however, injoy will not be bounded by said quotes. We provide an inexact estimate upon the consultation for this way our clients may begin to consider a figure. Additionally, injoy and the injoy Media Group are by no means liable, for any reason, for not being able to meet the initial consultation estimation. Injoy and the injoy Media Group holds indemnity and will not be responsible for any costs, charges, or expenses incurred by the client as a result of demure pricing.
22. Payments
We require full payment upfront from our clients and customers prior to us commencing any works, products, services, productions, medias, and or spaces. Payment for any or all products, services, charges, fees, and or travel expenses are required beforehand. Any additional expenses injoy incurs while working on the clients project; a separate invoice be made to the client for such unplanned expenses. Payment for these atypical episodes are subject to be paid within 4 business days from the date of the occurrence. All sums payable by the customer shall be paid without any deductions whatsoever, whether by way of set-off, counterclaim, or otherwise etc…. Furthermore, for the avoidance of doubt, the customer shall not be entitled to exploit the benefit of any deduction(s), for which they might otherwise be entitled in law or in equity, and use to counter-fraction as inclusive credit to nullify or void responsibility of payment to injoy and or injoy Media Group. injoy reserves the right to require payment of all fees and charges in full and in advance. This as well applies to injoy’s consultation booking. In the event of a late payment, injoy and the injoy Media Group reserve the right to charge interest on all late payments.
23. Cancellations
We do not issue refunds. We do however allows you time to reschedule your consultation. Clients are able to book and or reschedule their meeting up to two weeks in advance. In its absolute discretion, injoy reserves the right at any time to cancel any bookings, products, services, productions, or media campaigns in the event of any breach of these terms and conditions by the customer. In the event of any such cancellation, and said cancellation having been permitted and initiated by the injoy Media Group, and if our cancellation was not authorized out of fraudulent suspicion, infringement discernment, or otherwise harmful postulates, then injoy will remediate the cancellation with a business as usual rescheduled consultation and or continuation of provided services and media productions at no cost to you.
24. Terminations
You agree that injoy may immediately terminate or suspend your account, any associated email address, and access to all or any part of injoy Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, breaches or violations of these Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Sites (or any part thereof,) unexpected technical or security issues or problems, extended periods of inactivity, and/or engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if injoy elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in injoy's sole discretion and that injoy shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to any and all injoy Sites. Further, injoy reserves the right, to immediately terminate or suspend your account, any associated email address, and access to our Sites at any time for any reason and without notice to you in its sole discretion. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In the event that we discern any invasion of injoy’s Intellectual property rights, invasion of privacy towards any individual, defamatory, abusive, fraudulent, copyright, infringement, or any otherwise criminal and or illegal activity may also be grounds for termination of your account, restrictions to our sites, at our sole discretion, and you may be reported to appropriate law-enforcement agencies. The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
25. Lien and Delivery
injoy retains rights of ownership for all intellectual properties, materials, contents, products, services, and medias delivered to the client with a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license in perpetuity. In addition, until payment of all monies due from the client to injoy Media Group in pursuance to either a particular consultation, booking, service, product, production, media, advertisement, and or media channel are obtained; the physical and virtual properties along with all intellectual properties, contents, and materials shall, notwithstanding injoy’s delivery to the client, remain vested in injoy. injoy holds a non-exclusive content licensing general lien over any and all intellectual properties, technologies, patents, materials, contents, services, products, and productions of the client, made for the client and remain in injoy’s rightful possession until for such monies due are paid to injoy. The license granted by injoy to the client pursuant to our delivery of the product or service will not take effect until all monies owed are rightfully paid to injoy. Furthermore, licensing rights purchased by the client for such contents shall not give pass to the client until injoy has also received payment of all monies due from the client to injoy. The client hereby grants an irrevocable license to injoy so that injoy may enter upon any premises where any contents, medias, and or material are stored or where they are reasonably thought to be stored, during normal business hours, in order to repossess any of the aforementioned if necessary. If the client fails to make payment within 4 days of such monies becoming due, injoy at its discretion shall be entitled to exploit or dispose of such property and apply any proceeds towards the monies due and any expenses in respect of such exploitation or disposal, and shall, upon accounting to the client for the balance (if any) remaining, be discharged from all liability in respect of any such property. injoy will endeavor to deliver any service, product, and or contents as soon as practicable after our receipt of all sums due to injoy from the client. In addition, injoy shall not be responsible for any loss suffered by the client due to delay in delivery for any reason or no reason.
26. Insurance
In the event of damage done to and or result as a loss to any products, contents, materials or deliverables made by injoy for the client, and the resulted damages are not the consequence of negligence done by injoy, the damage and or loss shall pass to the client and their insurance. The client acknowledges that it is not possible for injoy to obtain insurance against any costs or damages of production arising from losses or damages or possible unforeseeable random acts of god incurred to the client’s property. Accordingly, at the discrepancy of the client alone, the client will decide whether or not they shall take out and maintain such insurance cover against all risks as is necessary and or usual in connection with any and all deliverables, contents, and productions (including pre/post production), including lost of production costs caused on loss or damages to the customer's property (and its content) whilst under the custody or control of injoy.
27. Geographical Restrictions
Unless expressly and specifically stated otherwise on the Site, injoy provides this Internet Site for use only by persons located within the United States. Certain subsidiaries and or affiliates of injoy only provide certain regulated telecommunications and other services in and out of certain portions of the United States. injoy makes no representation that all products, services and/or material described on the Site are appropriate and or available for use in all locations outside the United States. Those who choose to access injoy Sites from other locations do so on their own initiative and are responsible for compliance with geographic governing laws in their area. Certain companies affiliated with injoy provide services and operate websites in various other countries throughout the world, some of which websites may be linked to and from our Site. Any such International websites will be governed by our terms of use and privacy policies as evidently applicable and possible, with respects to our geographic governance and authority of the United States of America
28. General Practice Regarding Use And Storage
You acknowledge and agree that injoy may establish general practices and limits concerning use of injoy Sites, including without limitation, the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by injoy Sites, the maximum number of email messages that may be sent from and or received by an account on injoy Sites, the maximum size of any email message that may be sent from or received by an account on an injoy Site, the maximum disk space that will be allotted on injoy's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of our injoy Sites constitutes your consent to allow injoy to store electronic communications on its servers. You agree that injoy has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by our Sites. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. Additionally, you further acknowledge that injoy reserves the right to modify these general practices and limits from time to time.
29. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
Your use of any and all our sites, including any content or information contained within our sites, any site-related service or software that is provided to you, is at your sole risk. injoy Sites, including any content, software, or information contained with our sites as well as any site-related service, is provided on an "as is" and "as available" basis. injoy and its affiliates, suppliers, licensors, and other related parties, and their respective officers, agents, representatives, and employees expressly disclaim all warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy of data and non-infringement. Some jurisdictions may not permit the exclusion of certain warranties, some of these exclusions may not apply to you.
injoy and its affiliates, suppliers, licensors, and other related parties, and their respective officers, agents, representatives, and employees make no warranty that our Sites will meet your requirements. The materials, services, softwares, and or contents available for commerce and or download from our sites are free of infection or viruses, malware, trojan horses, worms, or other code that manifests contaminating or destructive properties. Injoy Sites are and will continue to be uninterrupted, timely, secure (including free from unauthorized access), provide continuous storage or access, or error-free. Furthermore, the results that may be obtained from the use of our site will be accurate, complete and reliable. The quality of any and all injoy products, services, software, information, or other material purchased or obtained by you through our site will meet or surpass your expectations.
Any material downloaded, uploaded, or otherwise obtained through the use of our site or software is done at your own discretion and risk and you will be solely responsible for any and all damages to your computer system or business or loss of data that results from a download or upload of any such material or the use injoy Sites or our software.
No advice or information, whether oral or written, obtained by you from injoy or through or from our site shall create any warranty. Advice or information received by means of consultation and or through our site will not hold us liable nor hold us responsible for any related personal, business, medical, legal or financial decision made by you therefafter.