The Journal of Young Designers
About Journal Submit

Terms of Use

1. Using JoYD

a. Who can use JoYD
You may use our Products only if you can form a binding contract with JoYD, and only in compliance with these Terms and all applicable laws. When you submit any content to JoYD, you must provide us with accurate and complete information. If you access our website on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. Any content you submit must be accurate and honest. We may update our issues automatically to make them better.


2. Your Content

a. Submitting Content
JoYD allows you to post content, including photos, comments, links, and other materials within your design paper submission. Anything that you post or otherwise make available for our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you submit to JoYD. If you submit your content to JoYD, it still belongs to you but we can publish it and make it available to others.


b. How JoYD and other users can use your content
You grant JoYD and its clients a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in the Journal of Young Designers solely for the purposes of operating, developing, providing, and using the JoYD Products. Nothing in these Terms shall restrict other legal rights JoYD may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. By submitting to JoYD, you give us permission to publish your work.


c. How long we keep your content
If you request to remove submissions from JoYD, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, JoYD and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through JoYD. Copies of content shared with others may remain even after you request to remove submissions.


d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make JoYD more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, JoYD does not waive any rights to use similar or related Feedback previously known to JoYD, or developed by its employees, or obtained from sources other than you. We can use your suggestions to make JoYD better.


3. Third-Party Content
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by JoYD. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from JoYD, you do so at your own risk and you agree that JoYD will have no liability arising from your use of or access to any third-party website, service, or content. Our journal or website may have content that belongs to other individuals or companies. Most of that stuff is awesome but we're not responsible when it's not.


4. Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JoYD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL JoYD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). We do our best to provide a great journal for schools to use, but we can't promise it will be perfect. If our content is misused or otherwise, we can't be held responsible.


5. Arbitration
For any dispute you have with JoYD, you agree to first contact us and attempt to resolve the dispute with us informally. If JoYD has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and JoYD agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. If you have a problem with our content, let's try to work it out like adults. Contact us and we'll do our best to resolve the issue together.


6. Disclaimer
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. JoYD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. JoYD takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We don't like bad stuff. If you see bad stuff, please report it to us.


7. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Vermont, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Chittenden County, Vermont, for any actions not subject to Section 10 (Arbitration).Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. We work in Vermont.


8. General Terms

a. Notification Procedures and changes to these Terms
JoYD reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. If we're making a big change to the terms, we'll let you know.


b. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JoYD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These are a standard part of website terms.


c. Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with JoYD in connection with the Products, shall constitute the entire agreement between you and JoYD concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and JoYD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.