Conditions of Use
Welcome to JoyMangano.com. JoyMangano.com and Ingenious Designs LLC (collectively, “IDL”) provide website and other electronic services subject to the conditions set out below (“Conditions”). By using and shopping via JoyMangano.com, or IDL’s mobile services, telephone ordering and interactive voice response services, Community Forums, messaging systems, software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions (“IDL Services”), you accept these Conditions. In some instances, a particular IDL Service or a product purchased through the IDL Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the IDL Services.
CHANGE OF TERMS
IDL may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which IDL may give by any means, including, without limitation, by posting the revised Conditions on the IDL Services. You are responsible for reviewing the IDL Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the IDL Services after changes to these Conditions will constitute your acceptance of the revised terms.
ORDERS AND PRICING
IDL reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on IDL, and may be adjusted by IDL at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share IDL coupons and promotional codes unless the terms of the promotion expressly allow you to do so. IDL reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Copyright in the documents and material on the IDL Services is owned by or licensed to IDL. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the IDL Services are either the property of, or used with permission of, IDL. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the IDL Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the IDL Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the IDL Services without the written permission of IDL or any third party that may own such trademarks or service marks. IDL will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the IDL Services, you grant IDL a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant IDL and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify IDL for all claims resulting from any content that you supply. IDL has the right but not the obligation to monitor any activity and to edit or remove any content. IDL takes no responsibility and assumes no liability for any content posted by you or by any third party.
LINKS TO OTHER SITES AND SERVICES
IDL reserves the right to prohibit users from posting links to other Internet sites. To the extent IDL in its sole discretion allows certain users to post such links Links to other Internet sites and services operated by third parties, including IDL vendors, you understand and agree that those sites and services do not constitute sponsorship, endorsement, or approval by IDL of their content, policies, or practices. of such linked sites or services. You likewise understand and agree that IDL is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services, as well as and the privacy policies and security practices of linked sites and services.
When you access or use the IDL Services, send e-mails to IDL, or receive electronic communications from IDL, you are, and consent to, communicating with IDL electronically. IDL may communicate with you by e-mail or by posting notices on one or more of the IDL Services. You agree that all notices, disclosures, agreements, policies, and other communications that IDL provides to you electronically satisfy any requirement that such communications be in writing.
Should IDL allow users of the IDL Services to communicate directly with each other via a messaging system, you understand and agree that you are solely responsible for your interactions with those other members on such system. You agree to take reasonable precautions in all interactions with other members of the IDL Services. As always, you should follow internet safety tips, should not provide any personally identifiable information, including your email address or phone number, to unknown users, and you should exercise reasonable care with accessing links anyone may send you. You should never respond to requests from other users for financial information, like your credit or debit card, or requests for money. If you feel that any other user is sending you messages that violate these Conditions of Use or the IDL Community Guidelines, stop communicating with that user and please contact IDL Customer Service immediately.
DISCLAIMER OF WARRANTIES
THE MATERIAL CONTAINED IN THE IDL SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, IDL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE IDL SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IDL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE IDL SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
YOUR ACCESS TO IDL SERVICES
When you use the IDL Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the IDL Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. IDL sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the IDL Services only with the involvement of a parent or guardian. IDL reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the IDL Services. In the event that IDL denies you access to one or more IDL Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
All content accessible from, included in, or available via the JoyMangano.com website, or communications from the JoyMangano.com website, such as text, graphics, logos, images, audio clips, video clips, pictures, images, and data compilations, are the sole and exclusive property of Ingenious Designs LLC, or one or more of its affiliates or parents, or its vendors or content providers, and is protected by United States and international copyright laws. The compilation of all content accessible from, included in, or available via the JoyMangano.com website, or communications from the JoyMangano.com website, such as the layout, color selection and format, is the sole and exclusive property of IDL, or one or more of its affiliates or parents, and is protected by United States and international copyright laws.
In accordance with the Digital Millennium Copyright Act (“DMCA”), IDL has designated an agent to receive notification of alleged copyright infringement occurring on the IDL Services:
DMCA Notification Agent
Attn: Legal Department
Ingenious Designs, LLC
1 HSN Drive
St. Petersburg, Florida 33729
CONTENTS OF NOTICE
The DMCA requires that all notices of alleged copyright infringement be in writing. For IDL to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing IDL of an alleged copyright infringement, you should:
-Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single IDL Service are involved, please provide a representative list of such works on that IDL Service.
-Describe the material that is claimed to be infringing and provide sufficient information to permit IDL to locate that material.
-Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
-Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
-Certify that the information that you have provided IDL is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
-Include your physical or electronic signature.
IDL may not be able to act on your complaint promptly or at all if you do not provide this information.
These Conditions contain the entire understanding of you and IDL with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and IDL with respect to the subject matter hereof. The failure of IDL at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of IDL to thereafter enforce each and every provision of these Conditions. No waiver by IDL of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and IDL and you consent to the personal jurisdiction and venue of such courts.
Last Updated: July 14, 2016