Last Updated: 29-Feb-2024
This is cheeryjoy.com Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Market Intel Enterprises Inc. (“we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of our owned-and-operated website, applications (collectively, the “Services”).
Notice: Section 11 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or we could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
1. ACCEPTANCE
By creating an account, viewing our content, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
Our service is only available to individuals, and we will not accept entities or similar customers other than a natural person.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and the addenda listed in Section 12 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
2. OUR SERVICES
Service License: Subject to the terms hereof, we grant you access to our Services when you have purchased a subscription on cheeryjoy.com.
When you have purchased a subscription, you will have access to all our digital content.
3. ACCOUNTS
Registration: You may create an account to use our Services. To do so, you must provide an email address. By creating an account, you agree to receive communication from us at this email address. You must keep your email address valid and current so that we are able to contact you.
Age Requirements: You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. SUBSCRIPTION PLANS
Plan Types: Paid subscriptions that allow you to use all our Services. Advertised prices and
features may change.
By using our Services you have accepted these Terms of Sale and agree to be enrolled in one of the
available memberships.
Fees: You must pay all fees during your subscription period and any renewal periods. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.
Lite-Packages and Discounts: We may offer lite-packages or discounted subscriptions. When a Lite-package period ends, your paid subscription begins (unless you have canceled) and you must pay the full subscription fee. If we provide a discount for the first subscription period (or any other period), you must pay the discounted fee; in any renewal, you must pay the full fee.
Refund Policy: Subject to the terms hereof, you can cancel your subscription before the end of your current period. We usually do not refund partial used subscriptions.
Chargebacks: We are investigating all chargebacks thoroughly, in the event you file a chargeback it might prevent you from any future purchases of our Services.
Fraud claims: we might contact you or your bank in case of a fraud claim connected to your account, this to protect you and prevent future fraudulent charges to your card.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. All plans renew for the price and terms selected upon signup. You must pay the applicable subscription fee when each renewal period starts.
Payment notifications will be sent from [email protected] , and the charge will appear on your bank account statement as cheeryjoy.com+12542695666
Should a recurring payment related to your subscription not be processed successfully, an administrative fee of a minimum USD 3 and maximum of USD 9.99 may be applied to your account in order to maintain the status of your subscription until the full renewal price can be processed successfully.
Lapse Policy:When a subscription ends, the account will, at our option, revert to a package or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require us to provide any level of post-subscription account status.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.
5. ACCEPTABLE USE POLICY
5.1 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others without their authorization;
- Access another’s account except as permitted herein;
- Use or export any of our Services in violation of any EU law;
- Act in a manner that would subject us to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.3 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
5.3 Restricted Users
You may not use our Services if you:
- are considered a minor in your jurisdiction;
- are a terror or hate group or a member thereof;
- are subject to sanctions such that we would be required to block your videos in a substantial number of countries in which we provide service.
You may not purchase goods or services from us if doing so would violate any EU sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
6. LICENSES GRANTED BY YOU
Account Profile
You grant us permission to use your name, likeness, biography,
trademarks, logos, or other identifiers used by you in your account profile for the purpose of
displaying such properties to the public or the audiences you have specified. You may revoke the
foregoing permission by deleting your account. We shall have the right to identify public profiles
in its marketing and investor materials.
7. YOUR OBLIGATIONS
Indemnification
You will indemnify, defend, and hold harmless
Market Intel Enterprises Inc. and its subsidiaries, parents, and affiliates, and their and our respective directors, officers,
employees, and agents, from and against all third-party complaints, demands, claims, damages,
losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to:
allegations of actions or omissions by you that (regardless if proven) would constitute a breach of
this Agreement.
8. TERM AND TERMINATION
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with this Agreement and your terms of Subscription as agreed to upon signup. If we find it necessary, we may terminate this Agreement at any time by providing thirty (30) days’ written notice.
If you breach this Agreement, we may, at our option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If we deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).
9. DISCLAIMERS
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, we make no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or flawless, completely secure, or accessible from all devices or browsers;
- That we will host, make available, or remove any specific piece of content;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backward compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY TO YOU, EXCEPT FOR OUR CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
11. DISPUTES, ARBITRATION, AND CHOICE OF LAW
If you are dissatisfied with our Services for any reason, please contact our Customer Support first so that we can try to resolve your concerns without the need for outside assistance. You can contact our Customer Support at +12542695666 or email us at [email protected] .
11.1 Choice of Law
Any disputes relating to this Agreement or your use of our
Services will be governed by the laws of United States of America, without regard to principles of conflicts
of law. The arbitration agreement set forth in Section 11.3 will be governed by the Federal
Arbitration Act.
11.2 Choice of Venue for Litigation; Jury Trial Waiver
Except for matters that
must be arbitrated (as set forth below), you and we waive any right to a trial by jury in any action
or proceeding to enforce or defend any rights (a) under this Agreement or under any amendment,
instrument, document or agreement delivered or which may in the future be delivered in connection
herewith or (b) arising from any banking relationship existing in connection with this Agreement,
and agree that any such action or proceeding shall be tried before a court in Austin,
United States of America, and not before a jury.
11.3 Arbitration of Privacy Claims; Class Action Waiver
Binding Arbitration
In the event that the Parties are unable to resolve a dispute through informal talks, binding
arbitration will be the exclusive and ultimate means of resolution—with the exception of any
disputes that are specifically excluded below. You understand that if this clause were not present,
you would be entitled to file a lawsuit and have a jury trial. The American Arbitration
Association's ("AAA") Commercial Arbitration Rules and, where applicable, the AAA's Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), which are both accessible at the
AAA website, www.adr.org, shall be followed in the commencement and conduct of the arbitration. The
AAA Consumer Rules will control your arbitration fees and your portion of the arbitrator's
remuneration. They will also, if applicable, set limits on your rights. The arbitration might take
place online, over the phone, in person, or through the submission of papers. The arbitrator will
render a written ruling; unless requested by either party, a statement of reasons need not be
provided. Any award made by the arbitrator may be contested if they do not adhere to applicable
legislation. Unless otherwise mandated by the relevant AAA rules or applicable law, Austin,
United States of America will serve as the site of arbitration. The Parties may file a lawsuit in
order to enforce arbitration, halt proceedings while arbitration is taking place, or to uphold,
alter, or declare void the arbitrator's decision, unless otherwise specified in this agreement.
The parties hereby consent to, and waive, all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Should a dispute, for any reason, proceed in court rather than through arbitration, the dispute shall be initiated or prosecuted in the state and federal courts located in Austin, United States of America. These Terms of Service do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods.
Under no circumstances may any dispute pertaining to the Site, brought by any Party, be initiated more than a year (1) following the emergence of the cause of action. In the event that this provision is determined to be unlawful or unenforceable, neither Party shall choose to have any dispute pertaining to the illegal or unenforceable portion of this provision arbitrated; instead, the Parties agree to submit to the personal jurisdiction of the court that has competent jurisdiction over the matter.
Restrictions
The Parties acknowledge and agree that the arbitration will only
address the particular dispute between them. To the maximum extent allowed by law, the following
rules apply: (a) no arbitration may be combined with another action; (b) no dispute may be
arbitrated through class action procedures or on a class action basis; and (c) no dispute may be
brought in an alleged representative capacity on behalf of the public at large or any other party.
The parties agree that the following disputes are not covered by the above provisions regarding binding arbitration: (a) disputes pertaining to the validity, enforcement, or protection of any Party's intellectual property rights; (b) disputes pertaining to or resulting from claims of theft, piracy, unauthorised use, or invasion of privacy; and (c) disputes pertaining to any claim for injunctive relief. In the event that this provision is determined to be unlawful or unenforceable, neither Party shall choose to have any dispute pertaining to the illegal or unenforceable portion of this provision arbitrated; instead, the Parties agree to submit to the personal jurisdiction of the court that has competent jurisdiction over the matter.
12. GENERAL PROVISIONS
Reservation of Rights, Severability:
We reserve all rights not expressly granted herein. Our rights and remedies are cumulative. No
failure or delay by us in exercising any right will waive any further exercise of that right. If any
term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that
term will be limited or severed.
Force Majeure:
We will not be liable for any delay or failure caused by (a) acts of God/natural disasters
(including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack,
civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical,
or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or
trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or
telecommunications service; (h) any order by a government or public authority, including a
quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within our
reasonable control, whether or not foreseeable (each a “force majeure event”). In
the event of a force majeure event, we shall be relieved from full performance of the contractual
obligation until the event passes or no longer prevents performance.
Relationship:
You and we are independent contractors of one another; neither party is an agent, partner, or joint
venturer of the other. This Agreement binds the parties and their successors, personal
representatives, and permitted assigns. You may not assign this Agreement to any person whose
account has been terminated by us or who is prohibited from registering; any such assignment will be
void. Except as expressly stated herein, nothing in this Agreement confers any right on any third
party.
Entire Agreement:
This Agreement constitutes the entire understanding of the parties and supersedes all prior
understandings regarding the subject matter hereof and may not be modified.
The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: You must send any notices of a legal nature to us by e-mail at [email protected] or at:
Market Intel Enterprises Inc.15500 Voss Road, Suite 200 - #406
Sugar Land, 77498
Texas, United States of America
Phone: +12542695666
