TERMS OF USE

By accessing, browsing, and/or using this website, you acknowledge that you have read, understood and agreed to be legally bound by Unveiling Joy (“Unveiling Joy”)’s Terms and Conditions and all applicable laws and regulations.  If you do not agree with any of these terms, you are prohibited from accessing, browsing or using this website.

Unveiling Joy was incorporated on March 21, 2019.  It is an independent Texas non-profit corporation, a private operating foundation described in Section 501(c)(3) of the Internal Revenue Code and is qualified to receive tax-deductible contributions under Section 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.

Unveiling Joy is pleased to provide you its sites, software, applications, content, products and services (“Unveiling Joy Services”), which may be branded Unveiling Joy or another brand owned, licensed by or affiliated with Unveiling Joy. These terms govern your use and our provision of the Unveiling Joy Services on which these terms are posted, as well as Unveiling Joy Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Unveiling Joy Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING UNVEILING JOY SERVICES.

 

  1. Contract between You and Us

This is a contract between you and Unveiling Joy, a Texas nonprofit corporation, located at P.O. Box 92401, Southlake, Texas 76092, USA, or between you and any different service provider identified for Unveiling Joy. These terms describe the limited basis on which the Unveiling Joy Services are available and supersede prior agreements or arrangements.

Unveiling Joy reserves the right to modify, vary, amend or supplement these terms.  Any such change will be effective upon posting on the Unveiling Joy’s website or upon a date designated by Unveiling Joy as the “effective date” if any.  If you do not agree to any change to these terms, you must discontinue using the Unveiling Joy Services. Our representatives are not authorized to modify any provision of these terms, either verbally or in writing.

Unveiling Joy reserves the right, in its sole discretion, to restrict, suspend or terminate your access, browsing, or use of this website at any time for any reason without prior notice or liability.

  1. Unveiling Joy Services

The Unveiling Joy Services are for your personal, noncommercial use and are intended for informational and philanthropic purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

Copyright Protection

The Unveiling Joy Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress, trade secrets, patents, and other intellectual property rights in the Unveiling Joy Services are owned by us or our licensors or licensees, protected in all forms, media and technologies, and existing now and hereinafter developed. Except as we specifically agree in writing, no element of the Unveiling Joy Services may be used or exploited in any way other than as part of the Unveiling Joy Services offered to you. You may own the physical media on which elements of the Unveiling Joy Services are delivered to you, but we retain full and complete ownership of the Unveiling Joy Services. We do not transfer title to any portion of the Unveiling Joy Services to you.  You agree not to assert any claims of ownership over any content by reason of your access, browsing or use of Unveiling Joy Services.  You further agree to comply with all copyright and trademark laws, and you do not retain any interest in Unveiling Joy Services.

If an Unveiling Joy Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.

You may not circumvent or disable any content protection system or digital rights management technology used with any Unveiling Joy Service; decompile, reverse engineer, disassemble or otherwise reduce any Unveiling Joy Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Unveiling Joy Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Unveiling Joy Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Unveiling Joy Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

Additional Restrictions on Use of the Unveiling Joy Services

We do not allow uses of the Unveiling Joy Services that are commercial or business-related, that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Unveiling Joy Service or connected network, or interfere with any person or entity’s use or enjoyment of any Unveiling Joy Service. Additionally, you agree not to access, monitor or copy any element of the Unveiling Joy Services using a robot, spider, scraper or other automated means or manual process without our express written permission.

Third-Party Services and Content

The Unveiling Joy Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.  UNVEILING JOY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEBSITE AND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT, ACCURACY, CURRENTNESS, OR COMPLETENESS OF ANY SUCH CONTENT ON ANY THIRD PARTY WEBSITES.  BY USING UNVEILING JOY SERVICES, YOU AGREE YOU WILL NOT HOLD UNVEILING JOY RESPONSIBLE FOR ANY THIRD-PARTY SERVICES AND CONTENT.

If you access a Unveiling Joy Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Unveiling Joy Services. You agree that your access to the Unveiling Joy Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Mobile Networks

When you access the Unveiling Joy Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Unveiling Joy Services may be prohibited or restricted by your network provider and not all Unveiling Joy Services may work with your network provider or device.

  1. Your Content and Account

User Generated Content

The Unveiling Joy Services may allow you, the user, to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content that you have created (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. 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.   You may also not submit or upload any User Generated Content in connection with any pyramid schemes, chain letters, junk, spanning, solicitations or phishing.  You agree you will not reverse engineer any aspect of Unveiling Joy Services, nor upload any files that contain viruses, worms, timebombs, corrupted files, or other similar software or programs that may damage the operation of another’s computer or property of another.

We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, 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 Unveiling Joy Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

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 our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through Unveiling Joy Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

Accounts

Some Unveiling Joy Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

Unveiling Joy reserves the right, in its sole discretion, to restrict, suspend or terminate your access, browsing, or use of this website at any time for any reason without prior notice or liability.

Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Unveiling Joy Services.  Unveiling Joy cannot and will not be liability for any loss or damages arising from your failure to comply with this Section.

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

  1. Paid Transactions

Unveiling Joy uses a third-party vendor to transact donations on the Unveiling Joy Services.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions.

  1. Additional Provisions

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 or other materials you submit 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, and that you have no expectation of review, compensation, or consideration of any type.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the Unveiling Joy Services shall be filed, and that venue properly lies, only in the state or federal courts located in Tarrant County, Texas, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.

Class Action Waiver

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Unveiling Joy will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding can be combined with another without the prior written consent of all parties to the proceeding.

Indemnity

You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective licensors, licensees, agents, directors, employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), arising out of or in connection with your use of Unveiling Joy Services, including but not limited to breach of any of the Terms of Use, use of its services, user generated content, or violation of any applicable laws. 

 

Disclaimers and Limitation on Liability

UNVEILING JOY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.  UNVEILING JOY MAKES NO WARRANTY THAT THE WEBSITE WILL OPERATE WITHOUT ANY INTERRUPTION, THE SECURITY OF THE WEBSITE, OR THE WEBSITE WILL RESULT IN ANY PARTICULAR RESULTS.  UNVEILING JOY MAKES NO REPRESENTATION OR WARRANTIES ON BEHALF OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT, AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE AND/OR EQUIPMENT. THIS INCLUDES BUT IS NOT LIMITED TO ANY WAIVER OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF INFORMATION.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.


Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Headers

The headers contained within these Terms of Use are for convenience or reference only.  They should not be interpreted to modify the plain meaning of the various provisions of these Terms of Use.

 

Entire Agreement

These Terms of Use contain the entire agreement between you and Unveiling Joy.