Terms of Service

Terms of Service

These Terms of Service ("Terms") cover your use of and access to the site, products, applications, tools and features (collectively, the "Services") provided by Joy Inc. (together with its officers, directors, employees and affiliates, “Joy”, “we” or “us”). Our Privacy Policy [embed link] explains what personal information we collect and how it is used and shared.

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING WWW.JOY.CO (THE “SITE”) OR ANY SERVICE OFFERED BY JOY. UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

These Terms apply to all Site visitors and users of the Site and Services. If you don’t agree with any term or condition in these Terms, please don’t use the Site or any Services. If you have any questions, please refer to the Site’s FAQs at https://joy.co/pages/frequently-asked-questions. If you don’t find your answer there, email us at hello@joy.co

1. What we do

Here’s a plain English description of what we do.

Joy operates a photography and video storing, viewing and sharing community on the Site. We control and operate the Site from the United States. Community members use the Site to upload, store, view and share photographs and videos on the Site. Community members can share photos stored on the Service with their contacts using email or using the Joy App.

Joy also manufactures and sells a handheld device called the “Joy Album.” Members enjoy the Joy Album the way we used to enjoy an old-fashioned photo album – and much, much more. Members can download their photos and videos from the Site, then store and display their content offline on their Joy Albums. The Joy Album allows members to enjoy the ease of online photo sharing with the old fashioned fun of paging through an album, memory by memory. Members can send their photos and videos to their own Joy Albums via email, Joy software or by pulling content from existing sites like Flickr, Facebook, Dropbox and Google Photos.

Members who share photos this way also can use Joy’s “real time storytelling” feature, StoryTime, which allows devices to screen share content and share audio. Imagine sitting in your living room while your grandson in another state tells you about his first day of school. He shares his screen with you (with a bit of help from Mom or Dad!) then turns each page in his album with you, going from photo to photo with you while he talks to you in real time about his day, all from his home to yours.

If you register on the Site then you become a Joy community member. You must reside in the 50 United States (and the District of Columbia) or Canada to purchase a Joy Album; we do not ship our devices to other locations at this time.

A. Purchasing a Joy Album

If you reside in the 50 United States, then you can purchase a Joy Album here: https://joy.co.

If you have concerns about the Joy Album you have received please email Joy at hello@joy.co. We will work with you to address your concerns.

B. Purchasing a Subscription to use the Services

Members can purchase a subscription to use the Services. Joy offers three subscription types with automatic renewal: (1) a free subscription for limited Services (2) a rebillable monthly subscription for all the Services (“Monthly Subscription”); and (3) a rebillable annual subscription for all the Services ("Annual Subscription").

Free Subscription: By registering on the Site you become eligible for these limited Services: [describe].

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges prior to cancellation.

  • AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Joy will automatically process your Monthly Subscription fee in the next billing cycle. Joy will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

    Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate.

  • AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

    For example, let’s say you purchased an Annual Subscription beginning in October 2016 and ending in September 2017. We will bill you for the second year (October 2017 to September 2018) in October 2017, unless you cancel your Annual Subscription before October 2017. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, Joy will automatically process your Annual Subscription fee at the then-current Annual Subscription rate without further notice to you or authorization from you until you cancel your subscription. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy."

  • Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you were billed for the then-current year by logging into your account and following the cancellation procedures or by emailing us at hello@joy.co.

    If you cancel your subscription you can re-subscribe any time.

2. ELIGIBILITY TO USE THE SITE AND SERVICES

General: You may access the Site from anywhere in the world without incurring any fees or becoming a community member. You are required to be a legal resident of the 50 United States (and the District of Columbia) or Canada to use the Services and the Joy Album.

Residency: The Site is available to anyone in the world, but the Services and the Joy Album are sold only to legal residents of the 50 United States (and the District of Columbia) and Canada.

Fees: It’s free to use the Site and limited Services, but using all Services and the Joy Album requires that you pay a fee.

Age: You are not authorized to access or use the Site or any Service or purchase a Joy Album if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user or Services subscriber and will be responsible for any and all use of the Site and Services by the individual under 18.

Compliance: To be eligible to use the Site and Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Service and the policy documents listed below (if applicable to your use of the Site or Services), and all other operating rules, policies, and procedures that Joy may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Joy may update from time to time without notice to you:

  • Privacy Policy
  • Copyright and Intellectual Property Policy
  • Community Guidelines

See Section 5 below for more information regarding modifications to these Terms of Service.

Joy’s Right to Revoke, Suspend, or Restrict Eligibility: Joy may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Joy Service. If Joy bans you from the Site or any Joy Service, you may not return to the Site or use that Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Service after you’ve been banned, you will be deemed to have breached these Terms, and Joy reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

3. GENERAL TERMS OF SERVICE FOR OUR SITE AND ALL THE SERVICES

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account. You agree to: (a) immediately notify Joy of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Joy will not be liable for any loss or damage arising from your failure to comply with this Section.

Account Information: In the course of your use of the Site or Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Joy's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Account Transfer Prohibited: You may not transfer or sell your Joy account or username to any other party. You are fully responsible for all activity of your Joy account and username.

General Practices Regarding Site Use and Storage: You acknowledge that Joy may establish general practices and limits concerning Site use and storage. You agree that Joy has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Joy may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Site Content: You own all content submitted to the Site by you (“User Content”). We own, exclusively, all rights, title and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data and materials, other than User Content (collectively, “Site Content”), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights in the Site Content. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content or in User Content submitted to the Site by others. Except as provided in these Terms of Service, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Joy’s prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to the Site or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities on the Site and you submit User Content at your own risk.

Joy does not claim ownership rights to your User Content. When you submit User Content on the Site you grant us a license to use such content to provide the Site and the Services, but you retain ownership.

By uploading User Content on the Site, you grant Joy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or not currently known.

We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It’s possible for an outside website or third party to re-post your User Content with your consent. You agree to hold Joy harmless for any dispute concerning such re-posting. Joy assumes no responsibility for any third party’s intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or through the Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or through the Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the Site and Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Joy, its affiliates, or another community member; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Joy Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Monitoring User Content. Joy reserves the right, but does not and shall not have an obligation, to monitor and review all User Content on the Site and to edit or remove any information or materials that are in violation of these Terms or applicable law. Joy also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

Removing Your Own User Content. You can remove User Content posted to the Site by you by following the steps on our Site or our software applications.

Copyright and Intellectual Property Concerns. Please review our Copyright and Intellectual Property Policy.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Service or Joy Album, or both, by credit card, debit card, or by any other payment means acceptable to Joy as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Joy does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

• AUTOMATIC RENEWAL TERMS: For Services subject to automatic renewal, you agree that Joy may submit periodic charges (monthly or yearly) without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before Joy could reasonably act.

Our total price for your purchase of a Joy Album will include the price of the device plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Joy and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable.

Unless otherwise indicated, our total price for any Joy Album device will include shipping and handling fees.

Risk of: A third-party carrier will ship the Joy Album you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Joy Album Warranty: You can read about the warranty for our hardware device at https://joy.co/faq

Site and Services Warranty Disclaimer: JOY AND JOY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE SITE AND JOY SERVICES "AS IS," “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. JOY AND JOY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM JOY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE SITE AND THE JOY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT JOY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL JOY OR JOY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR JOY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF JOY AND JOY’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO JOY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) 1100 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD JOY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. JOY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH JOY’S DEFENSE OF SUCH CLAIM.

4. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND JOY HAVE AGAINST EACH OTHER ARE RESOLVED. You and Joy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Site or Services, or any products purchased through the Site or Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND JOY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND JOY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Disputes: Mandatory Arbitration.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.

You and Joy each agree that any and all disputes or claims that have arisen or that may arise between you and Joy relating in any way to or arising out of this or previous versions of these Terms, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the Section “Choice of Law”. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.

Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Joy must be resolved exclusively by a state or federal court located in San Francisco County, California. You and Joy agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

5. MISCELLANEOUS

Choice of Law: These Terms shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to these Terms.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term, and Joy's failure to assert any right under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms, together with our Privacy Policy, Community Guidelines and all other operating rules, policies, procedures, and additional terms that Joy may publish from time to time on the Site, constitutes the entire agreement between you and Joy concerning your use of the Site and Services and your purchase of the Joy Album. Joy reserves all rights not granted under these Terms.

Severability: If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

No Agency: You and Joy are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Notice: Except as explicitly stated otherwise, any notice required or permitted by these Terms must be in writing. Any notice to Joy must be given by postal mail to Joy, Attention: Legal Department, 1788 Clay St. #312, San Francisco, CA 94109. Any notice to you may be given: (1) to the email address you provide to Joy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Joy, in which case notice will be deemed sufficient three days after the mailing date.

For intellectual property issues, please provide notice as specified in Joy's Copyright and Intellectual Property Policy.

Survival: The provisions of this Section 5 shall survive until termination or expiration of these Terms.

6. MODIFICATIONS TO TERMS OF SERVICE

We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service revisions. Changes in the Terms of Service will be effective when posted. If Joy makes a material change, Joy will notify you here in these Terms or by any other means we deem appropriate. Joy may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site after we have modified this posting will constitute your acceptance of any changes.

COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Joy Home Inc. (“Joy”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. Joy will respond to proper notices under the Digital Millennium Copyright Act sent to Joy’s Designated Agent in the form described below (“Notices”) from jurisdictions other than the U.S. as well. The address of Joy's designated agent to receive Notice of claimed infringement ("Designated Agent") is listed at the end of this policy. Joy may act expeditiously to respond to a proper Notice by removing or disabling access to material claimed to be the subject of infringing activity. If Joy removes or disables access to material in response to such a Notice, Joy will make a good-faith attempt to contact the allegedly infringing Joy community member who provided the material to Joy ("Member") so that the Member may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements
Please consider carefully before submitting a notice to our Designated Agent claiming a Member has infringed your intellectual property. If you materially misrepresent that a photo, video or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Joy.
If you believe that material residing on or accessible through the Joy web site www.joy.co (the “Site”) infringes a copyright or other intellectual property right then you may notify Joy. To provide Joy notice of such infringement, you may send a Notice of infringement to the Designated Agent listed below. The Notice must specify the type of infringement at issue and must include the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
3. Identification of the material on the Joy Site that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Joy is capable of finding and verifying its existence;
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Joy on the owner's behalf, the address, telephone number and email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

B. Removal of Allegedly Infringing Material
Once the Designated Agent receives proper bona fide infringement notification, Joy may remove or disable access to the material infringing upon the intellectual property. When removing material from the Site, Joy will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the Notice and the notifying party’s contact information.
Members who are repeat offenders will be penalized. Joy will remove all materials provided by the repeat offender to Joy from the Site and also may cancel the repeat offender’s Joy accounts.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent
If a Member believes that the material that was removed or to which access was disabled is not infringing upon a copyright, then the Member may send a counter-notice to Joy’s Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act (a “Counter-Notice”). The Counter-Notice must contain the following information:
1. Your signature (signatures may be provided electronically by typing your name);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the your address is located, or if your address is located outside the United States, for any judicial district in which Joy is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of 17 U.S.C. 512, or an agent of such person.

If a Counter-Notice is received by the Designated Agent, Joy may send a copy of the Counter-Notice to the original complaining party informing the original complaining party that Joy may replace the removed material or cease disabling it. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, Joy may replace the removed material or restore access to it in 10 to 14 business days after receipt of the Counter-Notice, at Joy’s discretion.

D. Joy’s Designated Agent
Please contact Joy’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email or by mail to the following address. We prefer email.

Email: legal@joy.co

Mailing address:
Joy Home Inc.
Attn: Legal Department
1788 Clay St. #312
San Francisco, CA 94109

E. More Information
For more information on copyright law visit www.copyright.gov. For more information on patent and trademark law visit www.uspto.gov. Please consult a licensed attorney for specific questions.

7. Community Guidelines

Welcome to Joy’s guidelines for our online community, which includes all the places where Joy lives on the web, such as joy.co, facebook.com/joyalbum, instagram.com/joyalbum, etc. Be family focused

Joy is a family photo and video sharing community. Keep it clean, folks. We will not tolerate User Content which contains inappropriate materials, as determined by Joy in its sole discretion. This includes adult content and content intended to induce self-violence or violence towards others.

We also do not tolerate any User Content containing name-calling; personal, professional, or religious attacks or threats; racist or sexist comments; hate speech (or any comments that could be interpreted as such); demeaning content based on race, ethnicity, religion, gender, gender identity, disability or sexual orientation.

We expect all members to abide by these guidelines and the Terms of Use, and we reserve the right to remove offending content and ban offenders in order to maintain a family focused community.

If you violate our Community Guidelines

We reserve the right to cancel your user account and subscription at any time for violation of our Community Guidelines.