1. Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services through its website video streaming Services located under this website, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by LeaderShift LLC, the provider of the "Joy Circles Gang" and Joy Circles® programs (the “Company”).
2. Acceptance and Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. In the case of subscription price increases, users will be given reasonable advance notice of at least 15 days. Any other changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
Definitions
"Services" are online media services and content distribution Services and community providing Services through its website video streaming Services located under this website, and mobile and desktop applications & TV (individually and collectively the “Services”).
"Company" is LeaderShift LLC, the provider of the "Joy Circles Gang" and Joy Circles® programs.
"User" or "Users" are verified parents or guardians who subscribe to the Services. (hereinafter "Users") Users are solely responsible for the information they input or upload to the Services, and warrant and represent that they have the right and authorization to register for the Services and post User-Generated Content. Users are required to submit the "Parental Consent & Authorization Form", found at https://joy-circles.com/parental-consent-authorization-form/ to verify they are the legal parent or guardian.
"Viewers" may be children under the age of 13 (thirteen), but are not suggested to be under the age of 8 (eight) years. Content has been selected for age-appropriateness.
Access and Use of Service
Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
5. Your Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
You are solely responsible for your conduct in the community forum. We ask that all parties create a welcoming environment. Treat everyone with respect. Healthy debates are natural, but kindness is required. Make sure everyone feels safe. Bullying of any kind isn’t allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender, or identity will not be tolerated. We do not allow promotions of your own business and brands such as promotions, self-promotion, spam, and irrelevant links to third party sites. If you or you see anyone on the community forum experiencing harassment or inappropriate behavior, please contact our community admins immediately. All contributions you make to this site will be accessible to the public. As a registered member, you have agreed to follow our community guidelines and acknowledge that by not abiding by these rules your account will be suspended or removed.
6. User Information
While it is understood that viewers of this content will be under the age of thirteen (13) years, the Users are verified parents or guardians who subscribe to the Services. (hereinafter "Users") Users are solely responsible for the information they input or upload to the Services, and warrant and represent that they have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy located at Joy Circles Gang.
Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
7. Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify the Company of any unauthorized use of your username and password.
8. Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.
Each User is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
9. Access to Services – Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
10. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update or change this information at anytime by logging into your video library, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing. Refunds will be allowed where required by law, where billing errors have taken place, but otherwise are not to be issued unless the service is discontinued on the part of the Company or at the Company's discretion.
If you purchase a subscription or membership, your subscription will automatically renew for successive renewal periods of the same duration as the initial term unless and until you cancel.
You may cancel your subscription at any time by logging into your account settings and following the cancellation instructions, or by contacting customer support. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Services through the remainder of the prepaid term.
For residents of Texas and other states with automatic renewal laws, the Company will provide clear notice of automatic renewal terms prior to purchase and confirmation of such terms after enrollment, in compliance with applicable law. You authorize the Company to charge your payment method on a recurring basis unless and until you cancel.
If required by applicable state law, you may cancel by the same method used to enroll or by an easily accessible online cancellation mechanism.
No partial refunds shall be provided for unused subscription periods except where required by law.
11. User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submissions shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
12. Intellectual Property
Company and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You agree that Company owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such materials are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
13. Social Networking
Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
14. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through the Website.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.
Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.
The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the user or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
15. App Store Terms
If you access or download the Company’s mobile application through the Apple App Store or Google Play Store, the following additional terms apply:
Apple App Store:
You acknowledge that these Terms are between you and the Company, not Apple Inc. Apple Inc. is not responsible for the Services or its content. Your use of the application must comply with the Apple App Store Terms of Service. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
Google Play Store:
You acknowledge that these Terms are between you and the Company, not Google LLC. Your use of the application must comply with the Google Play Terms of Service. Google LLC shall have no responsibility or liability related to compliance or non-compliance with these Terms.
The Company, not the app store provider, is solely responsible for the Services, including maintenance, support, and warranty obligations.
16. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you can send the Company a counter-notice that includes the following:
Your name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
17. Sanctions Compliance
You represent and warrant that you are not:
(a) identified on any U.S. government list of prohibited or restricted parties;
(b) located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions; or
(c) otherwise subject to sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other applicable governmental authority.
The Company reserves the right to terminate or restrict access to the Services if required to comply with applicable sanctions laws.
18. Export Compliance
You agree to comply with all applicable United States export control and trade laws and regulations, including the Export Administration Regulations (EAR), and represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
You may not use, export, re-export, import, or transfer the Services except as authorized by U.S. law and the laws of the jurisdiction in which you obtained the Services.
19. Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
20. Dispute Resolution - Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Services, or the relationship between you and the Company (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration, except as otherwise provided herein.
This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”) and evidences a transaction involving interstate commerce. The FAA shall govern the interpretation and enforcement of this arbitration provision.
Before initiating arbitration, the parties agree to first attempt to resolve the Dispute informally. A party seeking to initiate arbitration must first send written notice describing the Dispute and requested relief. The parties shall have thirty (30) days from receipt of notice to attempt resolution.
If informal resolution fails, arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.
Arbitration shall be conducted by a single neutral arbitrator.
The arbitration may occur in Hays County, Texas, unless otherwise required by AAA rules or consumer protection law.
For claims under $10,000, the arbitration may be conducted via written submission or telephonically at the election of the consumer.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
The arbitrator may award any remedy available under applicable law but may do so only on an individual basis.
Either party may:
Bring an individual action in small claims court within jurisdictional limits; or
Seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement, misuse of the Services, or unauthorized access.
21. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
The arbitrator shall not consolidate claims or preside over any form of representative or class proceeding.
If this Class Action Waiver is found unenforceable, then the entirety of the arbitration agreement in Section 20 shall be null and void.
22. Warranty Disclaimers and Limitation of Liability
Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
QUIET ENJOYMENT
ACCURACY OR RELIABILITY
The Company does not warrant that:
The Services will be uninterrupted or error-free;
Defects will be corrected;
The Services are free of viruses or harmful components;
Content will meet user expectations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOSS OF PROFITS;
LOSS OF DATA;
BUSINESS INTERRUPTION;
UNAUTHORIZED ACCESS TO DATA;
EMOTIONAL DISTRESS;
OR ANY OTHER INTANGIBLE LOSSES
ARISING OUT OF OR RELATING TO:
YOUR USE OR INABILITY TO USE THE SERVICES;
ANY CONTENT AVAILABLE THROUGH THE SERVICES;
UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA;
ANY CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS ($100).
23. Indemnification
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
24. Communications
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
25. Survival
Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, payment obligations, warranty disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, class action waiver, jury trial waiver, and governing law.
26. Additional Terms and Conditions
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.
Except for disputes subject to binding arbitration under Section 20, any legal action permitted to proceed in court shall be brought exclusively in the state or federal courts located in Hays County, Texas, and you consent to personal jurisdiction and venue therein.
27. Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the Company has designated the following agent to receive notifications of claimed copyright infringement:
DMCA Agent:
LeaderShift LLC
102 Wonder World Drive Sutie 304 #1570, San Marcos, TX 78666
Email: Info@Joy-Circles.com
The designated agent’s information may also be registered with the U.S. Copyright Office.
Upon receipt of a valid DMCA notice, the Company will promptly remove or disable access to the allegedly infringing material and take appropriate action consistent with applicable law, including termination of repeat infringers where appropriate.
28. Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, labor disputes, civil disturbances, governmental actions, war, terrorism, utility failures, internet service disruptions, hosting failures, platform provider outages, or other force majeure events.
During any such event, the Company’s obligations shall be suspended for the duration of the force majeure condition.
29. Entire Agreement
These Terms of Service, together with the Privacy Policy, COPPA disclosures, and any other policies expressly incorporated herein by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.