Terms of Service

Effective Date: October 26, 2023

Welcome to joywave.xyz. These Terms of Service ("Terms") govern your access to and use of the joywave.xyz website and any related services, applications, or content (collectively, the "Service") provided by joywave.xyz ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and joywave.xyz. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service is provided for your personal, non-commercial use, unless otherwise specified in a separate agreement with joywave.xyz. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

2.2 Account Registration

Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Prohibited Activities

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

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or impersonating any person or entity.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineering, decompiling, or disassembling any portion of the Service.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Collecting or storing personal data about other users without their express permission.

We reserve the right to investigate and prosecute violations of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials ("User Content") that you submit, post, or display on or via the Service.

3.1 User Content

You retain all ownership rights to the User Content you submit. However, by submitting User Content, you grant joywave.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

3.2 Content Standards

User Content must not:

• Be unlawful, libelous, defamatory, obscene, pornographic, indecent, or harassing.
• Promote violence, discrimination, or hatred.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property right.
• Contain false or misleading information.

We reserve the right, but are not obligated, to remove or disable access to any User Content at our sole discretion, for any reason, without notice.

4. Intellectual Property

The Service, including its original content, features, functionality, design, layout, graphics, and compilation, is owned by joywave.xyz and its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The joywave.xyz name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of joywave.xyz or its affiliates. You must not use such marks without our prior written permission.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to your normal use of the Service.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JOYWAVE.XYZ EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYWAVE.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR AGGREG