Terms of Use

Your Acceptance

Joanna’s Marketplace (“joannasmarketplace.com”) conditions the use of its website on acceptance of the following terms: (1) the terms and conditions, as set forth below; and (2) Joanna’s Marketplace’s privacy policy, which can be found here. If you do not agree with each and all of these terms, do not use the Joanna’s Marketplace site as they are expressly required for use. Your use of the website shall constitute an acceptance of the terms and conditions set forth herein, and the privacy policy.

Code of Conduct

In using Joanna’s Marketplace, you agree to abide by all applicable laws and regulations, and comply with community standards of decency in your activities. You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation.

Intellectual Property

Your use of the Joanna’s Marketplace site does not create any interest in the intellectual property of Joanna’s Marketplace. You agree that you will not use Joanna’s Marketplace for any purpose other than personal use, and have no authority to use the content of the site, including Joanna’s Marketplace trademarks and copyrighted materials, for any purpose other than those expressly provided on Joanna’s Marketplace.

User Submissions

Users may submit information for use on Joanna’s Marketplace, including comments, images, photographs, screenshots, and ideas. In doing so, you agree that such submissions shall be lawful, and shall contain content that you have authority to use and post on Joanna’s Marketplace. You agree that posting such submissions on Joanna’s Marketplace shall provide Joanna’s Marketplace with a worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, distribute, reproduce, and display such content without limitation. Such rights shall include the rights of Joanna’s Marketplace to prepare derivative works of such content. Joanna’s Marketplace is not responsible for the content posted on Joanna’s Marketplace. While Joanna’s Marketplace reserves the right to monitor the postings, and to refuse to post or delete any content for any reason, it has no obligation to do so. The poster of content on Joanna’s Marketplace is solely responsible for said content.

Sponsored Content

All content on Joanna’s Marketplace was created by us. None of the content is sponsored by any brand, manufacturer or retailer.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content on Joanna’s Marketplace infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Intellectual Property Coordinator with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any and all notices via our contact us form.

Modifications to Policy

Joanna’s Marketplace reserves the right to change these terms and conditions at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use.

Termination of Account

Joanna’s Marketplace has the exclusive right to terminate your ability to participate in the use of this website at any time, and for any reason, deemed by Joanna’s Marketplace.

No Warranty

You agree that your use of Joanna’s Marketplace shall be at your sole risk. To the fullest extent permitted by law, Joanna’s Marketplace, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Joanna’s Marketplace makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Joanna’s Marketplace.

Limitation of Liability

In no event shall Joanna’s Marketplace or its representatives or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Joanna’s Marketplace. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction. You specifically acknowledge that Joanna’s Marketplace shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree that you will defend and indemnify Joanna’s Marketplace and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to Joanna’s Marketplace’s counsel of choice for defense of said claim. This obligation will not be terminated if you cease using the website.

Venue

Joanna’s Marketplace is doing business in the State of Arizona, and its website is run in the State of Florida. You agree that if there is ever a dispute between you and Joanna’s Marketplace, for any reason, such claim, dispute, or cause of action shall be venued in the County of Dade, State of Florida. Any such dispute shall be governed by the laws of the State of Florida.

Age Limitation

Joanna’s Marketplace is designed for use by persons age 13 and older. If you are under the age of 13, you are not authorized to use Joanna’s Marketplace. Please ask your parents if they will assist you.

Ability to Contract

You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use Joanna’s Marketplace. This version of the Joanna’s Marketplace Terms of Use is effective January 1, 2019.

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