TERMS OF SERVICE
OVERVIEW
Welcome to PocketJoy! The terms "we," "us," and "our" refer to PocketJoy. PocketJoy operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an adequate shopping experience (the "Services"). PocketJoy is powered by Shopify, which allows us to provide you with the Services.
The terms and conditions below, together with any policy contained therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as limitations of warranty and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare that you are of the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependents connected to you to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing the online stores or purchasing products and services offered by us, you may be required to provide certain information such as email address, billing, payment, and shipping data. You declare and warrant that all information provided by you in our stores is correct, up-to-date, and complete, and that you hold all necessary rights to provide such information. Your account activity and the protection of your account credentials are your responsibility. You must not transfer, sell, assign, or license your account to others.
SECTION 2 - OUR PRODUCTS
We have made every effort to present our products and services accurately in our online stores. However, the display of product colors and appearance may vary depending on the type of device you use to access the store and the settings and configuration of that device. We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores. All product descriptions are subject to change at any time, without prior notice, and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered for any person, geographic area, or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order, you are submitting an offer to purchase. PocketJoy reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until PocketJoy confirms its acceptance. We must receive and process payment before accepting an order. Please review your order carefully before submission, as PocketJoy may not be able to fulfill requests to cancel an order after acceptance. If we reject, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when submitting the order. Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK]. You declare and warrant that you are making purchases for personal or household use and not for resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time of order submission and will be viewable in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs fees, or shipping, handling, and import costs. Prices published in our online stores may differ from prices offered in physical or online stores or other stores operated by third parties. We may occasionally propose offers on the Services that influence prices and are subject to terms and conditions independent of these Terms. In case of a conflict between the terms of an offer and these Terms, the terms of the offer will prevail. For all purchases made in our stores, you agree to provide correct, up-to-date, and complete purchase, payment, and account data. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to allow us to complete your transactions and contact you as necessary. You declare and warrant that (i) the credit card data you provide is truthful, correct, and complete, (ii) you have authorization to use that credit card for purchases, (iii) the costs charged to you will be fulfilled by the credit card company, and (iv) you will pay the costs charged to you according to the published prices, including shipping and handling taxes and all other taxes if applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events outside of our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, texts, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are the property of PocketJoy, its affiliates, or licensors and are protected by US and foreign patent, copyright, and intellectual property laws. These Terms permit you to use the Services for exclusively personal and non-commercial use. You must not reproduce, distribute, modify, create copies, publicly display and present, republish, download, store, or transmit material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be interpreted as granting a license or other rights to you regarding patents, trademarks, copyrights, or other intellectual property of PocketJoy, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to PocketJoy. The names, logos, product and service names, designs, and slogans of PocketJoy are trademarks of PocketJoy or its affiliates or licensors. You must not use such trademarks without the written authorization of PocketJoy. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services that we neither verify nor control or input. You understand and agree that we provide access to such tools "as is" and "as available" without any kind of warranty, representation, or condition and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is at your own risk and discretion, and you must also be familiar with and agree to the terms on which such tools are provided by their respective third-party providers. We may offer new features through the Services in the future (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party functionalities). It is not our responsibility to review or evaluate the content or accuracy of the materials or third-party websites you choose to access. Should you choose to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not responsible for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully read the policies and practices of the third parties in question and understand them before engaging in any transaction. Any complaints, doubts, or questions related to third-party products and services should be directed to the aforementioned third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
PocketJoy is operated by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store occur directly with PocketJoy. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and PocketJoy, including any injury, damage, or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to the purchases and transactions you make with PocketJoy.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies. As it supports the Services, Shopify collects and processes personal data related to your access and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than yours. Please consult our privacy policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally "Feedback"), you grant us a perpetual, worldwide, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display the said Feedback through any means for any purpose, including commercial purposes. For example, we may assert our rights related to this license to manage, provide, evaluate, improve, enhance, and promote the Services, to perform obligations, and exercise our rights as indicated in the Terms of Service. Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback. Although we are not obligated, we may monitor, modify, or remove Feedback that, in our sole discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of intellectual property or these Terms of Service. You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, individuality rights, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor contain viruses or other computer malware that could affect the operation of the Services or any linked website. You must not use a false email address, nor pretend to be someone else or mislead us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your exclusive responsibility. We assume no responsibility for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information relating to or included in the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders in case of errors at any time without prior notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, for: (a) illegal or malicious purposes; (b) violating local, provincial, state, federal, and international norms, rules, laws, or ordinances; (c) infringing or violating our intellectual property rights or those of others; (d) harassing, oppressing, insulting, harming, defaming, slandering, denigrating, intimidating, or offending our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or reusing material that does not comply with these Terms; (g) transmitting or inducing the transmission of advertising or promotional material, including "junk email," "chain letters," "spam," or other similar solicitations; (h) impersonating or attempting to impersonate another person or entity; (i) adopting any other type of conduct that prevents or inhibits the use or access to the Services by other people, or that we deem dangerous to PocketJoy, Shopify, or the users of the Services, or exposes them to liability. Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of other people; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping actions; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the internet. We reserve the right to suspend, disable, or close your account at any time, without notice, if we deem that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at any time at our discretion and without notice; you will continue to be responsible for all amounts due up to the date of termination. The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other clause that, by its nature, endures beyond termination.
SECTION 15 - LIMITATION OF WARRANTY
The information presented in or through the Services is made available exclusively for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information. You rely on such information solely at your own risk. We assume no responsibility for reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of such contents. EXCEPT AS EXPRESSLY STATED BY POCKETJOY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POCKETJOY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACTUAL, SPECIFIC, OR TORT LIABILITY (INCLUDING NEGLIGENCE) OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, REGARDLESS OF THE NOTICE OF SUCH POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PocketJoy, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party as a result of: (1) your breach of these Terms of Service or the documents contained therein, (2) your violation of any law or the rights of a third party, (3) your access and use of the Services. We will notify you of any indemnifiable claims, provided that failure to promptly notify you does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle claims that require non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 - APPLICABLE LAWS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where PocketJoy is located. You and PocketJoy agree to the venue and personal jurisdiction in the aforementioned courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info.pocketjoy@gmail.com