Terms of Use
Our goal is to reunite surname related antiques, artifacts and other items in the possession of antique dealers and others back to the people for whom they would mean the most. To accomplish this we must have a few rules and guidelines for users. As irritating as rules can be, they are necessary to produce smooth and seamless selling and buying situations.
Please review the following terms and conditions which define your rights, responsibilities and benefits as a user of JustaJoy.com
SELLERS
Before you list an item, you should review and understand these rules because we hold all our sellers responsible for following them. If you don't, you may be subject to a range of actions, including limits to or termination of your selling privileges.
Most Important -
Our site is not meant to be an "information for pay" site. In other words, please do not offer items or information for sale wherein the only way a customer can determine the value of an item to his or her family is to buy it. All family information associated with every item should be fully disclosed in the listing. This will make our site attractive to researchers and ultimately sell your item. We are selling actual artifacts, antiques or heirlooms, not information. There are plenty of other sites for that purpose. Reproduced items can be offered as long as it is very clear in the listing that the product is not the original (such as with pictures or documents). Those kind of items should be added sparingly and priced appropriately.
Policy overview
Our site is quite different from others because we create an environment where buyers and sellers interact directly and in order to ensure smooth and professional transactions certain things are important. This puts us, JustaJoy.com, in a position of simply being an advertising system, nothing more, and makes you completely responsible for the legality of what you sell, who you are selling to, and all other aspects involved in the sell. By using JustaJoy.com as a seller or buyer, you are agreeing to comply with our current herein stated policies which are subject to change at any time.
Buyer expectations can be easily met by applying certain common sense applications to each listing.
1. Availability - Do not list items until you have possession of them and if they are sold or otherwise disposed of during the listing, be attentive to update your listing to "SELL PENDING" or "SOLD".
2. Provide accurate and consistent details about your item without withholding applicable family related information or other relevant information.
3. Charge reasonable shipping and handling costs. In that you, as a seller, will be interacting directly with the buyer, be sure to specify your handling time, return policy, and any other relevant details.
4. You probably want to indicate what forms of payment you accept in your description field. Be sure to list your preferred method of contact - phone number or e-mail address or both in the description field.
5. Consider protecting your transactions with shipping insurance, a tracking number and by taking pictures or making copies of items before they are shipped, as appropriate.
6. Save all communications between yourself and your buyer and other records.
Prohibited items:
* Grave markers or other items extracted from graves.
* Documents that have been properly docketed and filed as part of a government entity's archive unless there is proof of legal ownership
* Firearms produced after the year 1898
* Hazardous materials such as unexploded Civil War cannon balls
* Items that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
* Human body parts
* Stolen anything
* Fake anything (false, deceptive, misleading, deceitful, misinformative, or "bait and switch")
Other Rules:
* All listings must have a surname component. Listings that have purposes other than our stated purpose will be removed such as listings to express personal opinions, political views, etc.
* Please be professional and courteous. Avoid profanity and other objectionable terms.
* Do not post, transmit, or otherwise make available any material that would violate another person's privacy or other rights. If you post an item with information relevant to any living person, you must have obtained all appropriate permissions to post such information to the site. JustaJoy.com is not subject to any obligation of confidentiality, attribution, or otherwise with respect to seller listings.
* As sellers, you acknowledge that JustaJoy.com does not pre-screen content posted by users, and that JustaJoy.com shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, JustaJoy.com shall have the right, in its sole discretion, but not the obligation, to monitor and/or delete any content (a) in connection with, responding to, or commenting upon communications by participants to determine compliance with this TOS, (b) that JustaJoy.com believes to be in violation of this TOS, (c) about which JustaJoy.com has received complaints, or (d) which JustaJoy.com finds to be objectionable for any reason, with or without notice to you.
*Any user of JustaJoy.com who chooses to make any personally identifiable or other information publicly available in a listing does so at his or her own risk. (This does not apply to initial membership information which is protected by our privacy policy.
* You acknowledge and agree that JustaJoy.com may preserve any content that is posted on or made available on the site and may disclose any content and its origin if JustaJoy.com believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the site, its users, or the public.
Fees (Subject to change without notice):
There is an annual fee of $59.95 to use the site as a Seller
These fees are non-refundable except in unusual circumstances. Once created, listings will remain on the site indefinitely as explained below.
SPECIAL NOTE - It is our policy to keep your listing on the site after the item is sold for a certain period of time, possibly indefinitely. This allows other researchers to learn about the item's existence and the family pertinent facts that it reveals. This means you may occasionally be contacted by others even after your item sells. Handling this situation is up to you. You may enjoy the opportunity to unite fellow researchers (and possibly distant cousins!) To avoid this, you can add wording to a sold item that indicates that you prefer not to be contacted any further about the item or simply remove your contact information from sold items. By using the site, buyers agree to this TOS which regulates this circumstance.
Fees are subject to change without notice.
BUYERS
We have a stated list of seller's rules and JustaJoy users are generally honest and forthright, but there is usually "one in every crowd". If you have a problem or idea, please contact us directly at softdsign@aol.com
Although we appreciate your feedback regarding problematic sellers, be aware that JustaJoy.com acts solely in the capacity of an advertising entity and makes no warranties on any of the items listed on JustaJoy.com. These assurances should be procured from the seller.
All postings, messages, text, files, images, photos, posted on JustaJoy.com, are the sole responsibility of the person from whom such content originated. Although we attempt to moderate, to some degree, all postings, JustaJoy.com is not responsible for any content that is inaccurate, misleading, or, in any way, objectionable.
Sold items are left intact so that researchers can glean any relevant information from the postings. It is acceptable to contact the seller regarding sold items if he or she has not indicated otherwise. If the seller prefers not to be contacted after the item is sold, this request must be respected.
In addition, JustaJoy.com has no control over, and shall have no legal liability for, any damages resulting from (I) the use, including replication, or misuse, by any third party, of information voluntarily made public by a user of JustaJoy.com; or (ii) any disclosure of your information in accordance with the terms of this TOS and/or our Privacy Policy.
Any user of JustaJoy.com who chooses to make any personally identifiable or other information publicly available in a listing does so at his or her own risk.
EVERYONE
1. JustaJoy.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by users. JustaJoy.com reserves the right, at any time, to modify or discontinue service (or any part thereof) with or without notice, and that JustaJoy.com shall not be liable for any modification, suspension or discontinuance of service.
2. JustaJoy.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your activity on the site, block your email or IP address, or otherwise terminate your access to the site, immediately and without notice, and remove and discard any content, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these terms and conditions. Further, you agree that JustaJoy.com shall not be liable to you or any third-party for any termination of your access. Further, you agree not to attempt to use the site after said termination.
3. Unsolicited email advertisements to JustaJoy.com email addresses on listings or through JustaJoy.com computer systems are forbidden and violators agree to pay JustaJoy.com one hundred dollars ($100.00) for each incident.
4. Exploiting content in any way such as by aggregate, display, duplication, reproduction, or otherwise for any purpose without JustaJoy.com's express written permission, may lead to legal remedies.
5. JustaJoy.com retains the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of these terms.
6. Interference with any other user's right to privacy such as harvesting personally identifiable information without their express consent is strictly forbidden.
Copyright
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately at softdsign@aol.com and do the following:
a) Identify the material on JustaJoy.com that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature.
We will immediately remove such material from the site subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
