Terms and Conditions
Welcome to joiebaby.com/us (this “Website”). This Website is provided by Joie Children’s Products, Inc., (“Joie”). Before accessing or using any portion of this Website, Joie asks that you please read the following terms carefully. These terms cover the conditions under which Joie provides you access to this Website and the services provided on it.
Joie reserves the right to amend these terms at any time, and by using this Website you agree that you will be bound by the current terms and any future terms changes.
Details of how Joie uses and protects information that is given to Joie on this Website can be viewed on Joie’s Privacy Notice.
Joie attempts to be as accurate as possible; however, Joie does not warrant that product descriptions or other content of Joie is current, complete, accurate, reliable or free from errors. All prices and descriptions of products on this Website are subject to change. Prices and availability of products are subject to change without notice.
Errors will be corrected where and when discovered. Joie reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
By posting reviews, sharing photos or videos in any of the following manners:
- Instagram, Twitter, Facebook, TikTok, and Pinterest tagging Joie or using any of the following hashtags #myjoiebaby, #joiebaby, #joiefamily, #joiemom, #joiedad
- Directly uploading photos to this Website
- By responding to Joie ’s photo rights request with the hashtag #yesJoie
You are agreeing to the following:
That you rightfully own all content and information you post or share using this Website (referred to above as “User Content” including but not limited to photos, videos, emails, and comments).
You agree to give Joie permission and/or an irrevocable and fully sublicensable right to reproduce, display, perform, distribute, modify, adapt, publish, create derivative works form and otherwise use your User Content in connection with this Website, Joie’s social media sites and other Joie marketing purposes, including but not limited to print materials, email, customer & consumer communications, store materials and other marketing. You further grant Joie and its sublicensees the right to use the name that you submit in connection with any such User Content, at their sole and absolute discretion.
Joie may display advertisements in connection with your User Content or on pages where you or others may view your User Content, and Joie may use your User Content to advertise and promote Joie. The license for Joie to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.
The license for Joie to your User Content is royalty-free, meaning Joie does not owe you anything else in connection with Joie’s use of your User Content. Joie may exercise its rights anywhere in the world. Finally, the license for Joie is in perpetuity.
You promise that:
You own or otherwise control all rights to your User Content or, alternatively, you have the right to give Joie the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You further represent and warrant that your User Content is accurate, that the use of the User Content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold Joie harmless from all claims resulting from your User Content.
Joie may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Website for any reason. Joie takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Joie may terminate your access to all or any portion of this Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using this Website. Please refer to our Privacy Notice for any queries relating to your personal information after termination.
You understand and agree that all content and materials made available by Joie at this Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Joie in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or design elements on this Website for any other purpose is strictly prohibited without the express prior written permission of Joie. Use of the content or materials for any purpose not expressly permitted in these terms is prohibited.
You agree to indemnify, defend, and hold harmless Joie, its affiliates and respective officers, directors, employees and agent (referred to as “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (regardless of legal or administrative) and expenses (including but not limited to reasonable attorney’s fees) threatened, asserted or filed by any third party against any of Indemnified Parties arising out of or relating to your use of this Website or any breach of these terms by you. The terms of this section shall survive any termination of these terms.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (REFFERRED TO AS “THE CONTENT”) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THIS WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
JOIE, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THIS WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL JOIE (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF JOIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
By using any portion of this Website, you agree these terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms or your use of this Website shall be filed only in the courts located in Berks County, Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action between you and Joie. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation, this section.
To the extent not prohibited by applicable law that cannot be waived, both you and Joie hereby agree to waive any right to a jury trial in connection with any disputes, claims, or controversies arising out of or relating to these terms, your use of the Website, or any products or services offered through the Website. This waiver applies to any and all claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
You should review all of our other policies posted on this Website. These policies govern your use of this Website. Joie reserves the right to make changes to its site, its policies and Terms and Conditions at any time, without notice, unless required by law. If any of these conditions shall be deemed invalid, illegal, void, or otherwise unenforceable for any reason by a court of competent jurisdiction, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.
For any queries on the above please contact us.
This Notice was last updated on August 05, 2024.