Terms of service
OVERVIEW
Welcome to jovatoys! The terms "we", "us" and "our" refer to jovatoys. jovatoys operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). jovatoys is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. jovatoys reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until jovatoys confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as jovatoys may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by jovatoys, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of jovatoys, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by jovatoys.
jovatoys's names, logos, product and service names, designs, and slogans are trademarks of jovatoys or its affiliates or licensors. You must not use such trademarks without the prior written permission of jovatoys. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
jovatoys is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with jovatoys. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and jovatoys, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with jovatoys.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm jovatoys, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY jovatoys, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL jovatoys, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless jovatoys, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where jovatoys is headquartered. You and jovatoys consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@jovatoys.com.
Our contact information is posted below:
[INSERT TRADING NAME]
support@jovatoys.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Last Updated: March 20, 2026
Please read these terms of service carefully. This is a binding contract.
These terms include a dispute resolution provision (including a binding arbitration agreement, class action waiver, and jury trial waiver) that affect your rights. In arbitration, there is no judge or jury and less discovery and appellate review than in court. Please carefully review the dispute resolution section below.
Welcome to jovatoys!
Please review these Terms of Service ("Terms" or "Agreement") carefully. This Agreement constitutes a legally binding contract between you and jovatoys US Corp. ("jovatoys" "Company," "we," "us," or "our"), including our affiliates and third-party partners involved in the ownership or operation of this website. These Terms govern your access to and use of:
The websites https://jovatoys.com/, including its subdomains (collectively, the "Websites" or "Sites"); and
All associated portals, products, goods, services, events, interactive features, or other services controlled by us that reference these Terms (collectively, the "Services").
By accessing or using the Sites or Services, you agree to be bound by these Terms. If you are acting on behalf of a company or organization, both you and the entity you represent are legally bound by this Agreement.
By accessing or using any part of the site, you agree to be bound by these Terms of Service, the Privacy Policy, the Cookies Policy, and other terms (collectively the "Terms"). If you do not agree to the Terms, you should not access the website or use any services.
We reserve the right to modify, add, or remove portions of these Terms at any time. Such changes will be posted on this Site, and your continued use of the Sites or Services after the updated Terms are posted constitutes your acceptance of the revised Agreement. Amendments will take effect immediately upon posting. We may, at our sole discretion, modify, enhance, or discontinue features, functionality, or the manner in which the Services are provided, or suspend or terminate the Services at any time, with or without cause.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Consent to electronic communications
By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications sent electronically will satisfy legal written communication requirements. To withdraw your consent from receiving electronic notices, please notify us at: legal@jovatoysuscorp.com
2. Account & security
To purchase products and/or to access and use certain areas of the Site or Services, we may require you to first register for an account ("Account"). You agree to provide accurate, current, and complete information during registration, and to update such information to keep it valid. If you create an Account, you are fully responsible for maintaining the confidentiality of your account and password, restricting device access, and all activities conducted under your Account. We therefore urge you not to share your Account credentials with anyone.
We may terminate your password, account or use of the Site at any time and for any or no reason. We will not be liable to you or any third party for any termination of your access to the Site.
We reserve the right to refuse service, cancel product orders, terminate accounts, or remove or edit content, in its sole discretion. You represent that you are using your account for a lawful purpose. You may not use your account, Site or Services to commit fraudulent acts or any conduct leading to civil or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
If you are a parent or legal guardian creating an account for a child in your legal care, you are fully responsible for the child's use of the Site, including all financial charges and legal liability incurred by the child.
3. Trademark & license
We and our associated logos, names, taglines and marks are our trademarks and/or service marks. You are granted no right or license to use any of the aforesaid trademarks, service marks, or logos.
The websites and certain materials available on or through the Services are content that we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works are protected by copyright, trademark, patent, trade secret and other laws, and we retain all rights in our Works and Services.
Unless otherwise expressly stated in writing by Services, you are granted only a limited, revocable, non-sublicensable, and non-exclusive personal license to access and use the Services for personal use only. You are strictly prohibited from copying, displaying, downloading, modifying, reproducing, adapting, scrapping, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or republishing any Works without our prior written consent.
If you breach any provision of these Terms, your license to use the Service will be automatically rescinded and terminated. Some content is protected by digital rights management technologies. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
We do not authorize the use of this website or its content for developing, training, or operating artificial intelligence or other machine learning systems, except with our written approval. Absent such consent, all users and automated systems are prohibited from using website content for AI-related purposes. Any violation will be deemed a breach of these Terms of Services.
4. Intellectual property right infringement
If you believe that any content on this website infringes your intellectual property rights, you as the rights holder or an agent thereof, may submit an intellectual property right complaint ("Complaint") pursuant to the intellectual property right Complaint Form:
Notice
We appreciate your cooperation in providing an English translation of your report to our intellectual property right agent. Please include the information below in writing.
A signature (physical or electronic) from the owner or from a person authorized to act on behalf of the owner of the allegedly infringed content or material.
Direct link/ Uniform Resource Locator (URL) to the protected work on the website claimed to be infringing. Multiple protected work complaints are covered by a single notification by submitting a representative list of URLs from the Site.
Sufficient identification of the copyrighted work or other intellectual property that has allegedly been infringed.
Contact information such as an address, telephone number, and, if available, an electronic mail to permit the service provider to contact you.
A statement (i) that you have good faith belief that the content is not authorized by the rights holder, its agent, or the law, and (ii) that the information provided in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
You may submit your notice through email: legal@jovatoysuscorp.com.
If you fail to comply with all requirements of this Section, your intellectual property right Complaint will be deemed invalid and may not be processed.
If we receive a fully compliant intellectual property right Complaint form, we reserve the right to refuse, privatize or remove the alleged infringing Content. We reserve our rights to take legal action against you if you falsely claim that fair use content constitutes infringement.
5. Idea submission
We would be happy to see you share ideas with us!
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to jovatoys or its employees, you agree that jovatoys may use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
6. Prohibited conduct
You may only use the Services for lawful purposes permitted by these Terms. Any commercial use requires our prior written consent.
You are prohibited from modifying the Services or deleting any content of the Services.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, you agree not to use the Services to:
Violate any applicable laws, or encourage or instruct others to do so;
Post false or misleading content that may damage the Services or any third party;
Deploy malicious programs or software to harm, interfere with, or gain unauthorized access to the Services, networks or servers;
Exceed your authorized access to any portion of the Services;
Exploit program errors, undocumented features or bugs to gain unauthorized access;
Use robots, spiders or other automatic devices to access, monitor or copy site content without our prior written consent;
Use manual processes to monitor or copy site content for unauthorized purposes without our prior written consent;
Upload viruses, Trojan horses, worms or other malicious software to the Services;
Remove any copyright or other proprietary notices from the Services or its materials.
Violating the Site or Services security (including all acts listed above) may result in civil and criminal liability. We reserve the right to investigate and prosecute all violations to the fullest extent of the law, and will cooperate with law enforcement authorities.
7. Sweepstakes, promotions, surveys, polls, message boards, and offers
From time to time, we may offer sweepstakes, promotions, surveys and/or offers to you. Where applicable law requires it, we will provide official rules, jurisdictions, duration, eligibility requirements, and/or additional terms of the offer or programs. Any additional terms will be incorporated into these Terms of Service. We may use your Personal Information to enable you to voluntarily participate in these features in the Services.
8. Placing orders for products
This Section governs your purchase of products made available through this Site (each, a Product) and offered for sale directly from jovatoys through our network of authorized retailers, partners, licensors and fulfillment centers (collectively, Partners). By placing an order, you warrant that you have the legal capacity to enter into binding contracts. Our goods and Services may not be available in all areas.
Your information
If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your ordering, including your name, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You warrant that you have the legal right to use all payment methods for the order, and all information you provide is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order. We handle any transfer of your personal information in accordance with our Privacy Policy. Please note that we may use third-party providers, such as Shopify, Shop and others, for orders and delivery. When you order through these third parties, you will be subject to their respective terms of use and privacy policy.
Availability, errors and inaccuracies
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. We do not guarantee that product colors, features, specifications and details are fully accurate, complete or error-free; your electronic display may also not reflect the actual product.
We are constantly updating our offerings of goods. The goods available on our Site or in our stores may occasionally be mispriced, described inaccurately, or unavailable. We reserve the right to correct errors, update information, discontinue any products at any time without prior notice.
Pricing policy
jovatoys reserves the right to revise its prices at any time prior to accepting an order. The prices quoted online or in our stores may be revised by jovatoys after accepting an order if events occur that affect delivery, such as those caused by government action, variation in customs duties, increased shipping or delivery charges, higher foreign exchange costs, and any other matter beyond the control of jovatoys. In that event, you may have the right to cancel your order.
Payments
All goods purchased are subject to a one-time payment. Payment can be made through our third-party E-Commerce store hosted by Shopify, which may use payment processors like PayPal or other payment processors for our online transactions. Payment cards are subject to validation checks and authorization by your card issuer. We will not be liable for order delays or non-delivery if payment authorization fails.
Order cancellation
We reserve the right to refuse or cancel your order at any time for the following reasons:
Unavailability of goods
Errors in the description or prices for Goods
Errors in your order, including incorrect address or payment information
Suspected fraud, unauthorized or illegal transactions
Shopping rules and provisions
jovatoys reserves the right to limit the purchase quantity per person, per household or per order, and prohibit sales to any user at our sole discretion. These restrictions may apply to orders using the same account, payment card, billing or shipping address. We will provide notification to the customer should such limits be applied.
9. User content
Unless specifically requested, we do not wish to receive any confidential, proprietary, or trade secret information from you via the Site. You take full responsibility for all materials and content you submit, post, upload or transmit to us (User Content).
By sending us any User Content, you grant jovatoys a royalty-free, unrestricted, worldwide, perpetual, irrevocable, fully transferable and sub-licensable license to use, copy, modify, publish, distribute and create derivative works from the User Content for any purpose including commercial use. You also warrant that the User Content is not confidential, fully owned by you, and you hold all necessary rights to authorize such use.
We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, Photos). You grant us permission to use your Photos, name or social media handle for social media, email, website display and promotional purposes, even after your account is terminated. You warrant that your Photos do not infringe any third-party rights.
When you post comments or reviews to the Site or via social media mentions, you grant us the right to use your name, username or profile associated with such content. You may not use a false email address, impersonate others or mislead others regarding the source of User Content. We may remove or edit any User Content for any reason, and we are not obligated to retain or use your content.
You agree not to provide User Content that:
Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party's right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material, solicits funds, perpetuates chain letters or pyramid schemes;
Violates any applicable local, state, national or international law, or advocates illegal activity.
We do not guarantee the truthfulness, integrity or quality of User Content, and assume no liability for any User Content posted by you or any third party.
10. Accuracy of information
We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable Delaware law, we make no guarantee for the completeness, accuracy or timeliness of information on the Services, and shall not be responsible for any errors or omissions.
11. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless jovatoys, its affiliates, staff and agents from all claims, damages, losses, liabilities and legal expenses arising from your use of the Services, breach of these Terms, or infringement of third-party rights. This indemnification obligation remains valid after you stop using the Services. We have the sole right to control all legal defense, negotiation and settlement of related claims.
12. Disclaimers
You expressly acknowledge and agree that:
1. Your use of the services are at your sole risk. The services are provided on an "as is" and "as available" basis. To the fullest extent allowed by law, jovatoys expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. jovatoys makes no warranty that: (A) The services will meet your requirements; (B) The services will be uninterrupted, timely, unfailingly secure, or error-free; (C) The results obtained from the use of the services will be accurate or reliable; (D) The quality of any products or services will meet your expectations; (E) Any errors in the software will be corrected.
3. Any material downloaded through the Services is at your own risk. You are solely responsible for any computer system damage or data loss caused by downloads.
4. No advice or information obtained from the services shall create any additional warranty not expressly stated in these terms.
5. You shall exercise caution when disclosing personal information. jovatoys assumes no liability for any actions resulting from your use of the Services.
13. Limitation of liability
Our total cumulative liability to you for any disputes or damages shall be limited to the total amount you paid to us. If you made no payment, you are not entitled to any monetary remedy.
In no event shall we be liable for any incidental, indirect, punitive, special or consequential damages (including loss of profit, business interruption, loss of data or other financial loss), even if we have been notified of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You agree not to file any lawsuit or proceeding that violates this liability limitation.
14. Limitation on time to file claims
Any cause of action or claim arising out of or relating to these terms or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, your claim will be permanently barred.
15. Choice of law and disputes resolution
These terms shall be governed by and construed in accordance with the laws of the State of Arizona, the United States, regardless of where the user is based.
With respect to any and all disputes arising out of or in connection with the website, Services, or these Terms, both parties shall first negotiate in good faith. If disputes cannot be resolved via informal negotiation within 60 days, either party may demand binding arbitration in accordance with AAA rules.
You are waiving the right to litigate disputes in court before a judge or jury. All disputes will be resolved by a neutral arbitrator, whose decision is final.
All dispute proceedings shall be conducted on an individual basis. Neither party may initiate class action lawsuits or representative proceedings. No multiple arbitrations may be combined without all parties' written consent.
Any arbitration claim must be filed within one year from the date the claim arises; overdue claims will be permanently barred.
If any part of this dispute resolution section is deemed illegal or unenforceable, only that part will be invalidated, and the rest will remain in full force.
You agree that jovatoys is entitled to obtain preliminary injunctive relief to enforce these Terms pending a final arbitral decision. Disputes related to copyright, trademark, trade secret or patent infringement are not subject to arbitration, and shall be filed exclusively in state or federal courts located in Phoenix, Arizona. You irrevocably consent to the exclusive jurisdiction of such courts.
16. Electronic commercial service disclosure
Under California Civil Code Section 1789.3, California users of the jovatoys E-commerce services are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the service provider is listed in our Contact Us section. We do not charge fees for the use of our website. If you have a question or complaint regarding our Services, please contact us directly first.
If we fail to resolve your complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Miscellaneous
Failure by us to exercise any right or enforce any provision of these Terms shall not constitute a waiver of that right or provision. Any valid waiver must be in writing and signed by the relevant party.
If any provision of these Terms is held to be unlawful, void or unenforceable, that provision will be limited or removed to the minimum extent necessary, and all remaining provisions shall remain fully valid and enforceable.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.