Welcome to havejoy.com (the "Site"). By accessing the Site or using any of its services or products, you agree to abide by the terms and conditions outlined in this Terms of Service agreement.
One x games Technologies Inc. and its affiliated companies ("One x games," "we," or "us") own and operate the Site as an internet property. By accessing the Site, you are granted a limited right to view and access the content provided through the Site. This agreement incorporates the Privacy Policy and any other relevant operating rules, policies, or supplemental terms and conditions published by One x games. You may not modify, reproduce, or distribute any One x games content or materials available on the Site without written authorization from One x games.
If you do not agree to this agreement in its entirety, you are not authorised to access or use any products or services, or this Site in any manner or form.
- USE OF THE SITE – One x games allows you to access and view the Site as long as you are of legal age to form a binding contract in your jurisdiction. You agree to comply with your local laws and regulations regarding online conduct and acceptable content. One x games cannot control or monitor all content available on the Site, and you understand that accessing and using the Site is at your own risk.
- SITE AVAILABILITY – While One x games strives to ensure the Site is available 24/7, there may be times when the Site or any services or products offered through the Site are unavailable due to maintenance, upgrades, repairs, or failure of telecommunications links and equipment beyond One x games' control. One x games will make every reasonable effort to minimize disruptions but will not be liable for any deletions or failure to provide content, services, products, or other communications through the Site, nor will One x games be liable for any modification, suspension, or discontinuance of the Site or any services or products offered through the Site. One x games reserves the right to limit your access to and use of the Site, as well as to terminate, suspend, or limit certain Site features or functionality at its sole discretion.
- CONDUCT – When using any services or products offered through the Site, you are responsible for your own conduct and the consequences of that conduct. While One x games reserves the right to pre-screen, refuse, or remove any content uploaded to your Site account, it is not obligated to do so. To ensure compliance with this Agreement, you agree not to use the Site and its services or products for any unlawful purposes, including promoting illegal activities that are threatening, obscene, libelous, defamatory, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. You also agree not to upload or post any content that infringes on any contractual or fiduciary relationship, copyright, trademark, patent, or any other intellectual property right. Content that harms minors in any way, violates child pornography or child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct is strictly prohibited. You shall not upload any threatening, obscene, pornographic, or profane material, or any other material that could lead to civil or criminal liability under applicable law. To prevent the origin of any content transmitted through the Site's services or products from being disguised, you shall not forge headers or manipulate identifiers. You shall not attempt to upload any files or content to another user's account without permission. You shall not upload any files or content that are likely to cause harm to One x games or anyone else's computer systems, including viruses, worms, Trojans, data or other files or programs designed to damage or allow unauthorized access to the services or products provided through the Site. Impersonating any person or entity, or misrepresenting your affiliation with a person or entity while using the services or products, is prohibited. You shall not collect, intercept or harvest user names, collect or store personal data about other visitors of the Site or users of the services or products, or solicit or attempt to discover a user's password, user name, or other registration information without the user's express knowledge and consent. Finally, you shall not reproduce, duplicate, copy, or resell any services or products that are made available through the Site, or any portion thereof.
- PASSWORDS – The user who creates an account to access certain features and functionality of the Site is the "Account Owner." The Account Owner has access and control over their Site account and is responsible for maintaining the confidentiality of their Site account and password. If the Account Owner shares their Site access credentials, such as their username and password, to allow others to access their Site account, the Account Owner agrees to be responsible for ensuring that any users of the account comply with this Agreement. Additionally, the Account Owner shall be responsible and liable for the actions of its account users.
- PRIVACY POLICY - By visiting and accessing the Site, you acknowledge and agree that One x games may access, preserve, and disclose any personal information collected by One x games. This access, preservation, or disclosure may be required by law or in a good faith belief that it is necessary to: (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce the terms and conditions of this Agreement, including investigating potential violations, (c) detect, prevent, or address fraud, security, or technical issues, including filtering spam, or (d) protect against imminent harm to the rights, property, or safety of One x games, its Site visitors, or the public as required or permitted by law. To learn more about One x games's Privacy Policy, please visit https://havejoy.com/privacy-policy/.
- COPYRIGHT RESTRICTION - The Site contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. One x games or the applicable third party licensor(s), retain all patent, trademarks, and copyright to any content published on the Site. Subject to the terms and conditions of this Agreement, One x games grants to you a limited, non-transferable and non-exclusive right to access and use the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Site, nor shall you create any derivative works or other works that are based upon or derived from the Site content in whole or in part. One x games retains sole and exclusive ownership of all right, title and interest in and to the content provided through the Site and all Intellectual Property rights relating thereto including without limitation One x games’s name, any One x games logos and graphic files that represents the Site content. You further agree not to remove, obscure, or alter any One x games or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. You acknowledge and agree that third parties, may own right, title and interest in and to the content hosted on the Site or otherwise presented to you through the Site, and that such content may be protected by applicable intellectual property and other laws and treaties. Copyright law and international copyright treaty provisions protect all parts of the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for One x games or its applicable licensors.
- FILE/CONTENT RIGHTS AND SHARING – One x games does not claim ownership rights or control over any files or content contained in your Site account, uploaded, posted or displayed by you through the services or products made available through the Site. You, or the applicable third-party licensor, retain all patent, trademarks, and copyright to any files and content you submit, post, or display through the services or products and you are responsible for all of the files and content you upload and share while using the services and products. You must either own all right, title and interest in and to the copyrights in the files and content or have express permission from the copyright owner to copy and use such files and content for all purposes related to the services, products, or content provided through the Site, and that such files and content do not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. You are responsible for protecting those rights. By uploading, posting or displaying any files and content through the services or products on the Site, whether for private or public purposes, you grant One x games a worldwide, non-exclusive, royalty-free licence and right to reproduce, adapt, distribute, display, and publish such files and content through the services and products on the Site.
- ADVERTISING AND LINKS – One x games may display third party advertisements and promotions on the Site. The manner, mode and extent of advertising by One x games on the Site are subject to change at any time. You agree that One x games shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties. One x games may provide, or third parties may provide, links to other Internet sites or resources. Because One x games has no control over such sites and resources, you acknowledge and agree that One x games is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, One x games does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that One x games shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such advertising content, goods or services available on or through any such site or resource, nor will One x games accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party websites.
- DISCLAIMER OF WARRANTIES – this site is provided on an “as is” and “as available” basis with no warranties except as otherwise specified herein. to the fullest extent permitted by applicable law, one x games makes no warranties, express or implied, oral or written, including without limitation the implied warranties of merchantability and fitness for a particular purpose.one x games does not warrant that (i) the site or any published content will meet your requirements; (ii) the site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be displayed or obtained from the use of the site will be accurate or reliable; (iv) the quality of any content, information, or other related materials provided or offered through the site will meet your expectations; and (v) any errors in the site or published content will be corrected.any content and information obtained through your use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from your use of the site.no advice or information, whether oral or written, obtained by you from one x games or through the site shall create any warranty not expressly stated in these terms of service.
- Limitation of Liability/Indemnification - Information on this Site may contain technical inaccuracies or typographical errors although One x games will make commercially reasonable efforts to maintain and review all its content. Information and any content available on this Site may be changed or updated at any time without prior notice to you. You will indemnify, hold harmless, and defend One x games, its employees, directors, officers, and authorised agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with your use of the Site, the information, and any content that is made available on the Site through your breach of any of the terms and conditions of this Agreement. In no event (including, without limitation, in the event of negligence) will one x games, its employees, directors, officers, or authorised agents be liable for any actual, consequential, incidental, direct, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, loss of goodwill, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this agreement, any site content, or the use or inability to use this site, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, even if expressly advised of the possibility of such damages.
- Termination - One x games reserves the right to terminate this Agreement or your access to the Site at any time and with or without cause and without notice.
- Equitable Relief - You agree that a material breach of this Agreement by you would cause irreparable injury to One x games for which there may be no adequate remedy at law. One x games shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
- Governing Law – This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. The failure of One x games to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect One x games’s ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
- NOTICE AND AMENDMENT TO TERMS - One x games reserves the right to amend the terms and conditions of this Agreement at any time. We shall notify you of any material changes to this Agreement by providing you with notification of such changes which will appear in a prominent location on the Site. Your accessing of and continued use of the Site constitutes your acknowledgment and acceptance of any modified terms to the Agreement.
- ENTIRE AGREEMENT - The Terms of Service and Website Use (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and One x games and govern your use of the Site, superseding any prior agreements between you and One x games. You also may be subject to additional terms and conditions that may apply when you use any other current or future services made available through the Site. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. No term or condition of the Agreement will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by One x games. The failure of One x games to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of One x games to enforce each and every such provision thereafter.